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Photography (following the Photoshoot for Freedom)Perhaps the greatest challenge to photography in the UK today is muddle, rather than malice. The law is much as it always has been: few restrictions on the right to photograph per se – although some restrictions on the manner in which photographs are taken. In other words, don’t use your camera to harass or intimidate: don’t obstruct the police and legitimate public services. The national media regularly report photographers being stopped and – less regularly – photographers being asked to hand over film or cameras for a variety of reasons. The former is an unhappy consequence of the climate of paranoia with which we all must live nowadays. Various bits of government legislation – principally around the alleged terrorist threat – give the police extended powers to stop us going about our legitimate business and require us to explain ourselves. That is the official line: add to that the fact that some sections of the public are really jittery about paedophiles, about terrorists – and the stage is set for much more intrusive policing all round. Photographers are just one obvious target for such attention. Meanwhile, the removal of photographic equipment remains unlawful, as recognised by the police’s own internal advice. It is also counter-productive in those cases where a real crime has been committed, since seizure of equipment on the street breaks the chain of evidence and destroys much of the value of any photographs for subsequent prosecutions. Perhaps the real threat – the one we’ve all been overlooking – is the growing trend for large organisations, both public and private, to restrict photography on their property. Commercial photography on the London Underground needs a permit (and payment of a fee) – but it is not always clear where commercial starts and private ends. Ditto the Greater London Authority in respect of some public spaces such as Parliament Square. If the police don’t get you, the community wardens just might. Shopping centres. Train stations. Public monuments. All have the power to restrict photography. Increasingly, many of them are. Unfortunately, there is nothing to stop them doing so. We never had a “right to photograph” in the UK – and unless a law is passed to the effect that such a right is now granted and may only be restricted in certain circumstances – then the chances are that what we have will continue to wither. In ten years time, we will all still be able to take photographs. So long as it is on the 10% of land in the UK on which photography hasn’t been formally banned.
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