Photography in Public Places: Know Your Rights?
Watching You Watching Them (photo courtesy of Beth Wilson)
Let me just state a fact to kick off this post: In a public place, in the United Kingdom, you are free to photograph or film whatever you wish to photograph. It’s the truth, Brothers and Sisters, the law is on your side! It’s amazing that so simple a rule can be misunderstood. But examples of misunderstanding, confusion and persecution seem to be increasing on a weekly basis (especially in these times of heightened security).
Let’s just break that statement down and clarify what qualifies as a ‘public place’. The beach, town centres, public parks (but not Royal Parks), the countryside, public roads – basically anywhere that isn’t owned by a company or an individual (or the Royal Family…). A couple of notable exceptions to this rule are Trafalgar Square and Parliament Square – where you are allowed to take ‘tourist’ photos, but not revenue-earning or business-related photographs (unless you have permission of course – which you have to request and pay for). The same rule applies to Royal Parks – tourist photography is okay, commercial photography requires written consent.
Using those criteria, some of the places that don’t qualify as ‘public places’: shopping malls, train stations, airports, cinemas, supermarkets, car parks… To photograph in any of these places – as far as the law is concerned – you need to request and receive the owner’s permission beforehand. If you don’t have permission then the security guards (Jobsworths though they may be) are well within their rights to ask you to stop shooting (and will probably escort you from the premises, tout suite).
However, you are within your rights to take photographs of private property if you are standing in a public place…
There are some more restrictions applied in the name of National Security. The Official Secrets Act (1911) makes it an offence to take photographs of ‘prohibited places’. These include: all defence establishments, anywhere declared a prohibited place by the Security of State (a fairly broad caveat, that one!), any place belonging to the Civil Aviation Authority, any telecommunications office owned by a public telecommunications company, and any place where munitions are stored.
The important thing to remember is that just because somebody in a position of ‘authority’ approaches you and tells you that you are not allowed to take photographs, that you are breaking the law, it doesn’t necessarily mean they know what they’re talking about – or that they have a leg to stand on. Don’t be afraid to argue your case, and to ask them exactly what law it is they think that they are enforcing. Even some members of the police force are confused as to what the law on photography in public places is. This video gives a few great examples of over-zealous (and totally misguided) police officers and security guards who got their comeuppance from some photographers and filmmakers in-the-know.
Know your rights, a useful PDF: UK Photographer’s Rights
Have any incidents or opinions on this matter you’d like to share? Maybe you’ve even got some opinions from the other side of the lens?
“This isn’t communist China ya know maaaate”
The guy with the MegaPhone…
“I am detainin’ ya”
I’ve just been wiping my tears away!… I’m sure we’ve all had these run ins, and personally – I love them… Over zealous security guards.. I carry a copy of the photographers rights in my camera bag now.
Nice post.
Sime
oOoh, good idea Sime! *runs off to the printer*
Does anyone know if the roads and pavements in business parks and industrial estates count as being public? I’ve had mixed responses so far. The photo above was taken in a business park, from the road. He then followed me for ages as I walked around, filming me!
Beth, I’m fairly sure (about 95%) that business parks count as private property. The roads and footpaths in business parks are maintained by the business park owners rather than the highways agency – which seems to suggest that they own everything beyond the entrance. Certain business parks even have signs at their entrance expressly forbidding photography without permission.
Industrial estates are probably the same – except I know a few that have public roads running through them, and there are always exceptions to every rule
Of course, they’d have to be being pretty pedantic to chase you away for taking a few photos though…
Yesterday afternoon I was quite bored in a hospital waiting room when I´ve had a funny idea for this week contest. My camera was waiting for me in my car´s trunk two floors down but..I just realised that probably it was banned to take photos there.
Think it´s a good idea to know wich exactly our rights are (in our country or others where we´re planning to visit) also carry a copy of them with us (goog point Sime).
I´d like add something more: it´s important to know too about people´s rights privacy legislation (specially children).
Good post!!
Very interesting and informative stuff. As a newshound I think it’s worth adding that care should always be taken if any under-16s are photographed, as their pictures cannot be published without their parents’ permission. They need protecting from the pervs that are, regrettably, out there.
Great video and a really important post. Totally hacks me off, these misinformed imbeciles who get around harassing people for no other reason other than ignorance of the law. I have been stopped on the street a few times. One time recently I was stopped on a public street by a pair of plastic paddies (Community Support officers. Who they bloody support I do not know!) and they were giving me a hard time. I told them to get bent and to learn the law they are supposed to be upholding. He started getting shirty with me and I got out my (now well worn) copy of the laws I permanently keep in my camera bag and began to recite them to him. He asked, “what’s in your camera bag?”. I replied, “An alligator, a desk lamp, a pygmy walrus and the brass section of the Royal Symphony Orchestra”. I thought the funny part was that he asked what was in my CAMERA bag. When he asked again after my smart arse reply I said, “Camera gear. That’s what’s in my CAMERA bag, what else?!” I told them that it was a disgrace that they harassed photographers all in the name of ‘anti-terrorism’ and that they should be out there catching real criminals rather than standing around asking dumb questions like, “What’s in your camera bag?”. I was pretty annoyed at the time. I gave them such a hard time. I knew my rights and I hope I shamed them enough to go have a read of the law before giving any other photographer a grief for no reason.
There’s some more information and useful links collated here, at the excellent Urban75.org site.
http://www.urban75.org/photos/photographers-rights-and-the-law.html
Quick tip to add, most people don’t mind you taking pictures in train stations as long as you are not as arse about it. If they bother you go to the managers desk and ask for a pass and they will usually give it to you.
This is typical i was in central London taking photos of the Buckingham palace and was approached by the police and the funny thing is i know my rights aslong as i take the photo in a public place im aware that i am not doing a thing wrong but police think they are more than me because they are in uniform and because they think they can run the country, which they cannot