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Communicate

Tuesday 29 September 2009

Photorestrict - epetition response

We received a petition asking:

“We the undersigned petition the Prime Minister to remove new restrictions on photography in public places.”

Details of Petition:

“On the 16th of February, the Government passed a law (in the Counter Terrorism Act) making it illegal to take a photograph of a police office, military personnel or member of the intelligence services - or a photograph which “may be of use for terrorism”. This definition is vague at best, and open to interpretation by the police - who under Home Secretary guidelines can “restrict photography in public places”. We call for these vague restrictions to be lifted, as they can easily be mis-used by the police.”

· Read the petition
· Petitions homepage

Read the Government’s response

Thank you for your e-petition.

On 16 February 2009, the Counter-Terrorism Act 2008 (Commencement No.2) Order 2009 brought in to force section 58A of the Terrorism Act 2000 (inserted by section 76 of the CTA 2008), offences relating to information about members of the armed forces etc.

Section 58A makes it an offence to publish, communicate, elicit or attempt to elicit information about any of such persons which is of a kind likely to be useful to a person committing or preparing an act of terrorism.  Contrary to some media and public misconception, section 58A does not make it illegal to photograph a police officer, military personnel or member of the intelligence services.

On the 18 August 2009, the Home Office published the following information via its website to clarify photography in relation to section 58A.

Photography and Section 58A of the Terrorism Act 2000

The offence concerns information about persons who are or have been at the front line of counter-terrorism operations, namely the police, the armed forces and members of the security and intelligence agencies.

An officer making an arrest under section 58A must reasonably suspect that the information is of a kind likely to be useful to a person committing or preparing an act of terrorism.  An example might be gathering information about the person’s house, car, routes to work and other movements.

Reasonable excuse under section 58A

It is a statutory defence for a person to prove that they had a reasonable excuse for eliciting, publishing or communicating the relevant information. Legitimate journalistic activity (such as covering a demonstration for a newspaper) is likely to constitute such an excuse. Similarly, an innocent tourist or other sight-seer taking a photograph of a police officer is likely to have a reasonable excuse.

Further Information

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