BRIGHTON, UNITED KINGDOM – 30.08.10. A police evidence bag with film shot by local man Glenn Williams of an anti-fascist protest. The film cassette was seized by police on the street under Section 19 of the Police and Criminal Evidence Act 1984 on Monday 30 August 2010 Brighton, England. Early in the day police clashed with around 200 anti-fascist campaigners as around 40 far-right nationalist protesters congregated under heavy police protection. Police used dogs and horses to clear anti-fascist protesters blocking streets in Brighton to stop the far right march. (Photo by Marc Vallée/marcvallee.co.uk) (c) Marc Vallée, 2010. All rights reserved.

Link: Click here to view more pictures.

Audio: Police seize protesters film

On Monday I covered a protest in Brighton. I saw the police seize an anti-fascist protesters film cassette. The police used Section 19 of the Police and Criminal Evidence Act (PACE) 1984. What I found out is of great concern for photographers, journalists, media activists and especially New York fund managers.

Below is part of Section 19 of PACE:

(3) The constable may seize anything which is on the premises if he has reasonable grounds for believing —

(b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.

So is it lawful for the police to seize media content from a member of the public on the street? It all comes down to the PACE definition of premises.

You can find that definition in Section 23.

The definition includes two very chilling words, “any place”.

I asked human rights lawyer Anna Mazzola from Hickman & Rose for her view on the use of Section 19 in a public order context.

“This episode reveals a worrying policy. Sussex police clearly think that Section 19 entitles them to remove film and footage from people where they suspect they have evidence of a crime and they can say that they have reason to believe the person may destroy that evidence. That is disturbing news for journalists and amateur photographers, particularly those covering public order events. While the police obviously have a duty to prevent and detect crime, they also have to provide some assurance that they will not use Section 19 to seize journalistic material.”

EDINBURGH, SCOTLAND – 22.08.10. Around 200 environmental activists in white boiler suits and masks breach police lines at the Royal Bank of Scotland’s headquarters on Sunday 22 August 2010 in Gogarburn. Protesters smashed five large windows with hammers. Police made two arrests (Photo by Marc Vallée/marcvallee.co.uk) (c) Marc Vallée, 2010. All rights reserved.

“Climate Camp is restricting free speech” – Marc Vallée, The Guardian.

I’ve written an article for Environment section of The Guardian on Climate Camp and the media.

BOLTON, UNITED KINGDOM – 20.03.10. Far right nationalist campaigners congregate in Bolton on Saturday 10 March 2010 in Lancashire, England. The English Defence League protested in Victoria Square as shops and pubs across the town closed for the day. Police in full riot gear used the controversial tactic of ‘kettling’ along with dogs, horses and riot police snatch squads to control a counter demonstration organised by Unite Against Fascism (UAF). Police made dozens of arrests, including UAF organiser Weyman Bennett. (Photo by Marc Vallée/marcvallee.co.uk) (c) Marc Vallée, 2010.

“NUJ joins the calls to stop the EDL” – National Union of Journalists.

On Tuesday the National Union of Journalists (NUJ) issued a media release on its position on the planned demonstration in Bradford later this month called by the far-right English Defence League (EDL).

I was quoted in the release on the attacks on photographers and journalists who have documented EDL protests across the country.

The NUJ opened the statement with,

“The NUJ believes allowing the English Defence League (EDL) to march through Bradford runs a serious risk that local communities will be attacked, threatened and subjected to racist abuse and supports calls on the Home Secretary not to allow the demonstration to go ahead.”

It is a mistake for the NUJ to call on the the Home Secretary to ban this demonstration. I believe it is a dangerous and counterproductive move for a freedom of expression organisation like the NUJ to call on the state to ban a demonstration.

Trade unions should be campaigning against draconian laws that ban political dissent. Not calling on a Tory Home Secretary to use them and effect giving such laws legitimacy.

These laws are more likely to be used against the labour and trade union movement and other progressive groups – especially in a period austerity.

The way to combat the EDL is to fight the social, economic and political conditions that give rise to them. For trade union members to support and join counter protests and for journalists to expose the true nature and character of such groups.

Update (21.08.10): Here is the Home Office letter to Bradford Council on the use of Section 13 of the Public Order Act 1986 that bans all demonstrations – both the EDL and UAF -in Bradford from Saturday 28 August to Monday 30 August 2010.

“Freedom and Photography” – festivalofpolitics.org.uk

I’m one of the speakers at the Festival of Politics & World Press Photo ‘Freedom and Photography’ event next month at the Scottish Parliament.

The event will be chaired by Stephen Mayes, Secretary to the World Press Photo Jury and Managing Director of VII Photo Agency.

“Join a panel of professional photographers and experts as they discuss arguably one of the most important issues faced today by both professional and amateur photographers alike, where freedom to photograph in public ends and where privacy and restriction begins. The panel includes photographer Marc Vallée; Damien Demolder, Editor of Amateur Photographer magazine; Media Lawyer Campbell Deane; and Linda Macpherson of the UK Photographers Rights Guide; they will explore this contentious area, trying to make sense of what many feel are legal ambiguities surrounding public photography.”

“Israeli troops attack photographers in West Bank” – Agence France-Presse.

Photojournalist Fil Kaler has just emailed me this footage from the West Bank.

“Two Palestinian photojournalists were injured by Israel Defense Forces troops on Saturday during a protest in the southern West Bank town of Bait Ummar near Hebron.

“17/07/10 Bait Ummar, Occupied Palestine.”

“The Media Show” – BBC Radio 4.

I was a guest on BBC Radio 4′s Media Show today which is hosted by Steve Hewlett.

“Earlier this month the government said police would need stronger grounds before stopping and searching photographers on suspicion of terrorism. While welcoming this repeal of s44 of the Terrorism Act, photographer Marc Vallée says he still has concerns about police conduct, which he puts to ACPO’s spokesman on this, Craig Mackey, Cumbria’s Chief Constable.”

You can also download a podcast of the show from here.

Poster.

“Victory Flashmob – Section 44 is Dead!” – londonphotographers.org

“Campaigners claim victory over Stop & Search ruling” – PhotographerNotaTerrorist.org

Looking forward to seeing you all tomorrow. First round is on the Met!

Link.

“Journalists win payout after police admit failing to respect press freedom” – Paul Lewis, The Guardian.

“The Met’s apology to journalists is only of value if it acts upon it” – Olly Zanetti, The Guardian.

“Photographers win damages in Met Police legal case” – British Journal of Photography.

“Photographers win human rights victory over police” – Amateur Photographer.

“Police pay damages and apologise to photojournalists” – Press Gazette.

Here is the press round for the Greek Embassy case. Right, now back to work.

“The Met’s apology to journalists is only of value if it acts upon it” – The Guardian.

Olly Zanetti‘s excellent Comment is free in the Guardian on the Greek Embassy win.

Link to PDF.

“Victory for NUJ members, human rights and press freedom” – nuj.org.uk

“Police pay damages to journalists for breaching their right to report” – bindmans.com

“A Victory for Press Freedom” – londonphotographers.org

Jason Parkinson and I have won our Greek Embassy case against the Metropolitan Police. This is a significant victory for press freedom.

Here is the police apology in full:

“On 8 December 2008 well-respected political journalists Marc Vallée and Jason Parkinson were reporting a protest outside the Greek Embassy, Holland Park, London. The Metropolitan Police Service (MPS) has accepted liability for breach of Article 10 of the European Convention on Human Rights. The MPS apologise for this and have paid compensation. The MPS confirms its recognition that freedom of the press is a cornerstone of democracy and that journalists have a right to report freely. The MPS recognise that on 8 December 2008 they failed to respect press freedom in respect of Mr Vallée and Mr Parkinson.”

Click here for the full NUJ press release.

Past blog posts:

“Journalists launch civil action against police” – marcvallee.co.uk/blog

“Police to investigate Greek embassy incident” – marcvallee.co.uk/blog

“Video: Journalists obstructed at Greek Embassy protest” – marcvallee.co.uk/blog

“Can I have my lens hood back officer?” – marcvallee.co.uk/blog