London Freelance Branch Secretary Mike Holderness will give a visual presentation offering tips on how to use the internet to locate images which have been used without permission and identify who is culpable for the bill. Another speaker on the same subject TBA.

Any motions to the branch should be sent to the branch secretary prior to the meeting.

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Convergence – Should we adapt & how?

At last months branch meeting we heard from film editor Simon Ruben and photographer Edmond Terakopian who talked about how photographers could adapt their workflows to include video and audio. As well as some of the pitfalls that photographers moving to video can fall into.

PCSO unlawfully deleted photographers images

Branch member photojournalist, James Mackay, represented by Chez Cotton, head of the Police Misconduct Department, at leading civil rights law firm Bindmans LLP, has succeeded in a complaint against the British Transport Police after he was unlawfully ordered by one of their officers to delete photographs he had taken on the basis that he “was not allowed to photograph the police.”

Victory Flashmob – s44 is Dead!

There was a great turnout at the Victory Flashmob on Sunday 4th July with around 60 of us happily snapping away, free from police harassment. We’ve rounded up some of the coverage from the flashmob.

First Aid training for photographers

Last month the branch held a Emergency Life Support Training tailored to the needs of street photographers with the time kindly donated by tutor Elliot Rogers from White Star Medical.

A Victory for Press Freedom

Investigative photojournalist Marc Vallée and videographer Jason Parkinson have received an apology and damages from the Metropolitan Police after being forcibly prevented from working by officers at a political protest outside the Greek Embassy in 2008.

Ethics Working Group gets started

A working group of branch members has met to discuss a set of ethics guidelines for the branch to adopt and to pass on to the NUJ Ethics Council.

Looking after members Welfare

Saturday 19 June 2010 was the National Union of Journalists (NUJ) welfare training day hosted by the NUJ Extra charity. Chair Chris Wheal and administrator Lena Calvert led the afternoon’s discussion on what welfare officers can and should be doing to assist branch members.

DACS Payback Time

Payback from the DACS royalties scheme opened last month and members have until 17th September to make their claim.

Minutes

Branch members who are registered on the site can login and view the draft minutes of meetings:

July Branch Committee Minutes (Draft)

Image © James MacKay

Branch member photojournalist, James Mackay, represented by Chez Cotton, head of the Police Misconduct Department, at leading civil rights law firm Bindmans LLP, has succeeded in a complaint against the British Transport Police after he was unlawfully ordered by one of their officers to delete photographs he had taken on the basis that he “was not allowed to photograph the police.”

The journalist, who predominantly works on issues in and surrounding Burma and currently is working with exiled organisations on a global campaign to raise awareness on political prisoners in Burma, was passing through Waterloo mainline station on his way to catch a flight on 8 May 2009 and witnessed a number of Police Community Support Officers (PSCOs) apparently detaining a male.

The detained male lay on the floor in full view of the public and appeared distressed, crying out he was hurt and had done nothing wrong. The journalist began to record the incident from a distance so as not to interfere with any police operation, wanting independent evidence of what had happened and hoping his presence would offer re-assurance. Instead the journalist himself became the subject of unwarranted and unlawful police attention. The journalist complained he was threatened with arrest if he did not delete the six photographs he had managed to take, despite there being nationally in force guidelines agreed by the Association of Chief Police Officers (ACPO) that “Members of the media have a duty to take photographs and film incidents, and we (the police) have no legal power or moral responsibility to prevent or restrict what they (journalists) record.”

Mr Mackay’s solicitor Chez Cotton said:

The incident highlights only too clearly the difficulties faced by journalists and photographers working in Britain today, where increasingly the police are attempting to use legislation for dealing with terrorism and serious public order incidents to prevent reporting on events of legitimate public interest, such as civil unrest, protest and, where it occurs, police wrong-doing. Working in Burma where there is no free press or freedom of speech; the value of ensuring these fundamental rights are protected in this country is of paramount importance to my client by way of complaint or legal action as necessary.

NUJ Legal Officer Roy Mincoff said:

The NUJ is delighted that the complaint that the Police acted outside their powers has been upheld, and that it was recognised there has been ‘an inherent lack of understanding’ amongst Police and Police Community Support Officers about these issues. Following persistent representations by the NUJ, the Association of Chief Police Officers issued instructions and guidance as to compliance with the law. The NUJ will continue to monitor progress closely and will take any necessary action should there be future breaches. It is hoped that the message will get through to officers at all ranks that these rights are fundamental and cannot be ignored.

Complaint upheld

Mr Mackay, through the NUJ, instructed Chez Cotton of law firm Bindmans to make a formal complaint to the Independent Police Complaints Commission. An investigation carried out by the British Transport Police confirmed:

That it was not disputed that PCSO Juneja requested Mr Mackay to cease taking photographs and delete the images from his camera, since this was corroborated by the pocket note book of the officer and the statement of the journalist.

The report states: “…it is clear from legislation and subsequent guidance that PCSO Juneja was acting outside of his powers without justification….complaint upheld.”

….it is clear that Mr Mackay was detained for a period, albeit a short time and this was against his will to leave. It is not in dispute that the PCSO had no power to detain Mr Mackay in these circumstances therefore it must be considered that the period of detention was unwarranted….complaint upheld.

Advice given to the officer

The report confirms that ‘advice’ has been given to the officer, including:

…acting outside of lawful powers can lead to misconduct proceedings for you as an individual, or civil actions against the force. In this instance a member of the media, a valuable partner in dealing with crime and disorder, has been hindered from going about his business due to your actions. You are reminded that there are no powers prohibiting the taking of photographs, file or digital images in a public place and members of the public and press should not be prevented from doing so.

Full background

On 8 May 2009 Mr Mackay, whilst passing through Waterloo Mainline Station, saw a number of Police Community Support Officers (PSCOs) apparently arresting or detaining a male. The detained male was lying on the floor in full view of the public and appeared to be in some distress, crying out in pain, saying he was hurt and had done nothing wrong. The situation concerned the journalist, and from around seven to eight metres away and without interfering with the police operation, he began to photograph what was happening; not only because it was noteworthy but also because he thought his presence might offer reassurance and temper any thought of wrong doing. Importantly, he would be able to provide independent evidence of what had happened if this was required in the future.

The journalist had taken six photographs before he was approached by PCSO Juneja and instructed immediately by the officer to stop taking photographs. Despite confirming that he was a member of the press, an NUJ member and offering to show his UK Press Card to prove his credentials, the journalist was instead escorted to a corner of a nearby lift entrance and wrongly told he was not allowed to take photographs of the police, or of any incident taking place, or within the station. PCSO Juneja was joined by two other officers, all of whom appeared unaware of the agreement between the Association of Chief Police Officers (ACPO) and various media organisations, including the NUJ, which are in force nationally and confirm that members of the media have a duty to take photographs and film incidents and the police have no legal power or moral responsibility to prevent or restrict what they record. It is further accepted by ACPO that the police should actively help journalists to carry out their responsibilities, provided they do not interfere with police responsibilities.

The guidance makes clear to the police that “Members of the media have a duty to take photographs and film incidents, and we (the police) have no legal power or moral responsibility to prevent or restrict what they (journalists) record.”

Mr Mackay complained that when he tried to explain reasonably that the police had no power to interfere with his reporting he was treated in an intimidating way and threatened with arrest if he did not delete all of the photographs he had taken. He was told that he could not report on “this” incident and that he was not allowed to publish any photographs in the media. When asked why, the officer confirmed he was refusing to allow Mr Mackay to take photographs because he “was not allowed to take photographs of the police.”.

Although Mr Mackay did not wish to delete the photographs and believed the officer had no legal basis for enforcing this and was acting outside of any lawful power the officer had; needing to catch his flight and understanding from the officer’s behaviour, attitude and statement of intention that he would be arrested if he did not comply and delete the footage, Mr Mackay complied.

The certified course covered:

• CPR (pictured)
• Choking
• Recovery Position
• Shock
• Bleeding
• Burns
• Head Injuries
• Managing Medical Emergencies

One photographer said, “An excellent course, covering more than one would hope to deal with in a lifetime” another that it was “invaluable to street photographers”.

The branch plans to run future courses, if you have requests please contact branch Learning Representative Phillip Wolmuth at training@londonphotographers.org

Members have been looking at two existing sets of guidelines as the basis of discussion so far; The National Press Photographers Association Code of Ethics and Reuters Guide to Standards, Photoshop and Captions.

The working group is open to all branch members and will report it’s findings to the branch as it continues.

Chair Chris Wheal and administrator Lena Calvert led the afternoon’s discussion on what welfare officers can and should be doing to assist branch members.

NUJ Extra

NUJ Extra was set up 100 years ago to assist the families of journalists killed while reporting during the First World War. To be eligible for financial assistance now you must have held an NUJ membership for one year.

NUJ Extra do not subsidise incomes, instead they pay out grants for items to improve the current situation of the individual. That can include such things as buying new equipment. Day-to-day costs can also be covered, such as travel, deposits and essential utility bill assistance. Each individual is allowed to apply for multiple claims. NUJ Extra does hold one rule firm though – they do not pay off credit card debts.

Debt

Debt was the second point of discussion. It was considered by all who attended the day that this issue is going to be an increasing concern for branch members during the current climate of recession, job losses and multi-billion budget cuts.

The underlying issue of debt, as with claiming benefits and tax credits, is the stigma involved with asking for help. That is the second biggest hurdle. The first is accepting you have a debt problem. But once help is sought it becomes a simple process of prioritising your debt. Debts that lead to convictions or prison sentences come first, then those that mean losing accommodation or a vital service. All other debts, including credit cards, fall well behind the first two.

There are plenty of debt advice lines, including Thompsons Solicitors, the NUJ lawyers. All you have to do is Google “Debt Advice”. But be wary of advice lines that seek to charge and profit from giving assistance. Thompsons also have a very informative fact sheet on debt.

Benefits

The stigmas surrounding benefits come from old labels – being a scrounger or taking handouts. But as Steve Johnson from the Citizen’s Advice Bureau and Child Poverty Action Group said, it should never be forgotten benefits are your entitlement in a just and democratic system.

Johnson delivered clear and simple advice, such as claim for everything and inform all benefit departments of any changes. Do not expect different departments in the same building to talk to each other. As he explained at the beginning of his talk, when dealing with benefit offices take logic and common sense and throw them out the window. Johnson also delivered a stark warning to anyone caught in the immigration system. Claiming benefits, even successfully, can affect union members immigration status. It can and has led to people being detained, incarcerated in detention centres and ultimately deported.

Employment and Support Allowance (ESA) replaced incapacity benefit in October 2008. It is tougher to claim successfully and claimants are expected to regularly attend training courses, work-related activities and medical assessments. Failure to do so risk the claimant being penalised.

For people working but on a low income Housing Benefit is an option and something all low earners are entitled to. As is Working Tax Credit, a very under-advertised financial assistance by Her Majesty’s Revenue and Customs (HMRC).

Tax Credits

To qualify for Working Tax Credit you must be over 25-years-old and working 30 hours a week or more. If you are disabled or have children living with you the minimum hours of work reduce to 16. The income cap for a single claimant is around £13,300 or for a joint claimant is around £18,100. The amount of credit you are entitled to is incremental, the more you earn the less credit you receive.

Both Housing Benefit and Working Tax Credit can be claimed together and both are straight forward claiming processes – the HMRC Working Tax Credit department can do your whole claim over the phone – and as long as you keep the departments up-to-date with any changes in circumstances, both will run smoothly and that extra assistance will make all the difference.

Welfare Officer

From illness or injury, to job loss or financial struggle, your branch welfare officer is there to assist members on what to do, who to speak to and where to seek help – be it benefits, tax credits, debt or seeking assistance from NUJ Extra – and assistance is best sought immediately to avoid an escalation in the issue.

London Photographer Branch members can contact branch welfare officer Jason Parkinson at welfare@londonphotographers.org.

Yesterday the European Court of Human Rights rejected the governments appeal to it’s decision in January that ruled Section 44 of the Terrorism Act 2000 in breach of Article 8 of the European Convention on Human Rights.

Although the Home Office has said it is still considering how the ruling effects the law and the police will continue to use it. It’s possible that any Stop & Search under s44 since 12th January 2010 will be open to legal challenge, so hang on to any receipts.

Unfortunately there are still a swathe of laws that police use to harass photographers, most notably s43, which is similar to s44 but requires an officer to suspect that you are a terrorist and s76 which makes it illegal to ‘elicit information about a police officer’ which includes photographing them.

In the meantime we’re going back to the place where our campaign started, outside New Scotland Yard. We’ll be gathering at 12 noon, this Sunday 4th July (Independence Day!) Come along and lets celebrate a little more freedom for photographers.

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NUJ in association with Love Music, Hate Racism presents
The NUJ Regional Press Awards After Show Party

on Tuesday 29th June 2010
from 7.30pm
at Dingwalls, Middle Yard, Camden Lock, London NW1 8AB

with DJ Rugrat

and You’re Invited!

Please feel free to bring along a friend or two and pass it on to your colleagues.

We’re planning an evening of celebration, socialising and dancing and it wouldn’t be the same without you. So, hope to see you there!

Visit the NUJRegionalPressAwards.co.uk for more information about this year’s awards

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Video: Journalists win payout after police admit failing to respect press freedom – guardian.co.uk

Investigative photojournalist Marc Vallée and videographer Jason Parkinson have received an apology and damages from the Metropolitan Police after being forcibly prevented from working by officers at a political protest outside the Greek Embassy in 2008. Both members received the apology today:

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.

The police have accepted liability for breaching Article 10 and made a payment of £3,500 compensation to each and are paying their legal costs.

Responding to the settlement Jeremy Dear, NUJ General Secretary said:

Professional journalists and photographers have detailed numerous attempts by police officers to stifle the reporting of protests. Today we have achieved a significant victory – it is right that the police admit liability, apologise and compensate those whose basic human rights were breached in such a blatant and aggressive manner.

The police need to quickly learn the lessons of these shameful events, recognise the importance of media freedom and take the necessary steps to recognise the press card during police training to ensure it doesn’t happen again. The result is a huge boost for media freedom and the rights of photographers.

On the day of the protest armed officer from the Metropolitan police’s diplomatic protection group pulled Vallée’s camera away from his face and covered the lens of Parkinson’s video camera whilst stating “you cannot film me.”

NUJ Legal Officer Roy Mincoff said:

The police need to learn that journalists and photographers have a right to report and photograph as recognised by the European Court of Human Rights. The NUJ has held the police to account before and will do so again unless all officers at all ranks abide by the law

Chez Cotton, Head of the Police Misconduct department at leading civil rights firm Bindmans LLP said:

It is of grave concern that an armed, diplomatic officer of the Metropolitan Police Force felt it was appropriate to call these journalists ‘scum’ and stop them from working and was happy to do so in full knowledge that he was being filmed.

My clients were physically prevented from reporting on protest and political unrest of international importance.  Just before he was frog marched by officers away from events, Mr Parkinson filmed an officer punching a protester in the side of the head, although the protester appears to be already under the control of several officers.  That the police appeared not to want these journalists to film what appeared to be extremely brutal arrests using force is a cause for further alarm.

Further to this public acknowledgment that his officers have breached the fundamental right of journalists to report, and in light of wide ranging criticisms of how the press were stopped from reporting at G20 and other ‘politically sensitive’ events, it is very much hoped that the Commissioner will take immediate steps to ensure his officers act properly and support rather than obstruct the press in the important role they play in keeping the public informed, including of police wrong doing.

The pair were not disrupting police activity and had not had any contact with the police prior to the incident. They had complied with requests to leave the area but were forcibly removed and told to report from a distance.

Marc is the London Photographers’ Branch Secretary and Legal Rep and Jason is the branch Welfare Officer.

Don’t miss out on your share of £3 million of Payback royalties

Each year DACS has £3 million of royalties to pay to NUJ members whose work has been reproduced in UK books or magazines or on certain television channels.

DACS negotiates these royalties on behalf of photographers and other visual artists. In 2009 DACS paid out a share of £3 million to 11,628 visual artists.

Did you know?

• The average NUJ member claim was £541, compared with the average Payback claim of £295
• Last year the highest payment made to a NUJ member was £5656 – the most any Payback claimant received in 2009
• Every NUJ member who makes a successful Payback claim is guaranteed a minimum of £25

Where does the money come from?

Payback royalties come from revenue generated through collective licensing schemes. Collective licensing is used in situations where it would be difficult or near impossible for photographers to licence their rights on an individual basis, for example, when an individual wishes to photocopy a page of a book or magazine which features their work.

Payback launches on 21 June and NUJ members have until 17 September to make their claim.

“It’s a win-win situation for NUJ members. All you need to do is fill in a Payback claim form telling us which books, magazines and television programmes your work has featured in. Once you’ve had a successful Payback claim, you can claim for the same published work every year, so the size of your claim could increase if you have new work.” says Nicolas Watkins-Wright, DACS Payback Manager.

Examples of where previous NUJ members’ work has featured includes:

Magazines – Amateur Gardening, BBC Music Magazine, The Journalist, Art Review, The British Medical Journal, Inside Housing, National Geographic and Hello

Books – Essential Psychology, Rough Guide to Portugal, DK How Cool Stuff Works, Transport Systems and Faces of the Century

NUJ members can also claim for work which has featured on any of the following TV channels in 2009 only – BBC 1, 2, 3, 4, BBC News 24, BBC Parliament, CBBC, CBeebies, ITV1, Channel 4, SC4 and Channel 5

The easiest way to claim is to fill in the form online at dacs.org.uk. Alternatively they can request a claim form to be sent to them by post or email.

For further information about Payback or to request a claim form contact the Payback team on 020 7553 9062 or email payback@dacs.org.uk