Anyone taking a photograph of a police officer is in danger of being arrested on the account of committing an offence under section 76 of the Counter Terrorism Act 2008 which provides:

A person commits an offence who— (a) elicits or attempts to elicit information about an individual who is or has been— (i) a member of Her Majesty’s forces, (ii) a member of any of the intelligence services, or (iii) a constable, which is of a kind likely to be useful to a person committing or preparing an act of terrorism

The offender could face a fine or even imprisonment if a link to terrorism is proved.

The result is that amateur and professional photographers could be asked to explain why they are taking photographs, if the circumstances are deemed suspicious.

Some are worried that the legislation could have a negative impact on the freedom of photographers and increase the harassment they already face. John Toner, of the National Union of Journalists told BBC News: “Police officers are in news pictures at all sorts of events – football matches, carnivals, state processions… taking their pictures is not the act of a criminal.” The NUJ are staging a protest today, involving a mass photographing session outside New Scotland Yard.

Number 10 have issued a statement stressing that it would be an ‘operational matter for the police officer concerned as to what action should be taken’. It is this discretion that is a further concern of the legislation with fears that junior officers will use the section to overcome difficult situations, but where there is no direct link to terrorism.

Sources: BBC News, Guardian
Photo: nickwinch