Friday 12 June 2009

As if...

I went out today and shot a couple of rolls of film. Nothing special, just street shots. People going about their daily lives, in public. I didn't get arrested this time, but since the Anti-Terrorism (Enhanced Powers) Act of 2011 I know that I, and others like me, are on borrowed time.

*steps out of time machine*

Scary thought, isn't it? being treated like a criminal for doing something harmless.

Thing is, it's happening today. Tourists being told to delete their photos of bus stations, parents being told that they can't take photos of their own children in public, photojournalists being held without charge for doing their jobs, and of course it is now "illegal" to photograph a policeman in the performance of his duties.

Where did it all go wrong?

As usual, there is no one answer. The horror of 9/11 and the resultant increase in vigilance against terrorism is one contributory factor. The public paranoia about paedophilia is another. A third is the spread of sites such as Flickr, Facebook and MySpace - the fear these days is not just that your photo will be taken but that it will be posted on the internet.

So what?

In the UK at least:
  • You do not have copyright in your own image.
  • You do not have a right to privacy in a public place.
It's as simple as that.

Don't get me wrong - there is an etiquette to these things. I detest the working style of someone like Wingogrand, for example, who dehumanises his subjects with an in-yer-face approach and a blast of flash. How many frightened rabbits does he want to catch, I wonder? You must have respect for your subjects. That does not necessarily mean asking everyone in a street cafe if you can take their picture, but it does mean that you do not disturb them by your actions. You can achieve this in one of two ways - discretion, and permission - either works, depending on the circumstances; there is no right or wrong answer on this one.

Thing is, the photographer is an easy target - mooching around, laden down with apparatus, "acting suspiciously". The Police Community Support Officer, or PCSO appears particularly partial to a bit of hassling - at least, most of the recent complaints have involved a PCSO rather than a "real" copper. I suppose that it is easier to pick on a middle-aged bloke with a big gadget bag than the group of half a dozen hoodies across the road...

If challenged, by a member of the public or a member of the public in a stab vest (a PCSO) always stay calm. Explain what you are doing and why. Remember that attitude goes a long way to determining outcome, so if you come across as friendly and open, this will often defuse any hostility. If you are being threatened by a member of the public remove yourself from the situation if you can and/or call the police. If you are being detained by a PCSO or police officer, make sure you make a note of badge numbers and their stated reason for stopping you. Remember that a PCSO has no right to know your name, and can only detain you for 30 minutes or until a proper police officer arrives. Above all, remember that nobody has the right to confiscate your equipment, memory cards or film, and nobody has the right to ask - or force - you to delete or destroy your images.

Finally, not all PCSOs are part of the problem - this cheery pair were content to pose for me in central London not that long ago - after I had chatted to them of course...
--o-O-o--
Bill

- All images on this blog are copyright Bill Palmer and may not be reproduced in any format or medium without permission
- You know you are getting older when your kids tell you the police are looking younger

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