Police officers block Jules's camera, dislodging a lens hood, during the incident. photo Jules Mattsson

The London Photographers’ Branch congratulates its member Jules Mattsson in winning his case against the actions of the Met police when he was covering an Armed Forces Day parade in Romford last year. Jules kept calm, recorded the incident and argued for his rights in an intimidating encounter with the police. During the encounter he was abused, assaulted and threatened under the Terrorism Act and falsely imprisoned. Jules was 15 at the time and a student but had the support of branch officials at the scene and the national union in successfully pursuing justice with the help of leading civil rights solicitor and friend of the NUJ, Chez Cotton.

NUJ Legal Officer Roy Mincoff said:

“This was very poor and unlawful behaviour by a senior police officer, trying to intimidate a young NUJ photographer. It is not acceptable conduct, has no place in the police force and is hardly likely to gain respect for the police amongst the youth of the UK. The police have now recognised this, apologised and compensated our member. The NUJ will continue to hold the police to account to ensure that the vital rights of journalists, enshrined in law, are upheld, to enable reporting and photographing to continue, as part of the democratic framework of our society.”

Read the full Bindmans statement:

Met Commissioner compensates journalist arrested for taking photographs in public place and told to stop “running round acting silly, being stupid and gay”

MP Don Foster spoke of the importance of both professional and amateur photography, highlighted the misuse of various laws by police to restrict and stop public photography and called for Section 44 of the Terrorism Act to be repealed.

The first section of the seminar was entitled, “What makes you think you can take my picture?” and chaired by Jenny Lennox, NUJ Assistant Organiser.

Professor Chris Frost, Head of Journalism at Liverpool John Moores University started the debate. Better known as the chair of the NUJ’s Ethics Council, Professor Frost looks into the regulators that photographers could come into contact with, the Press Complaints Commission (PCC) and OFCOM.

Hickman and Rose solicitor Anna Mazzola poured over the various laws that can and have been used against photographers, including the increasing use of existing laws to protect privacy.

Chair of the London Photographers’ Branch (LPB) Jess Hurd introduced the second session, “Which law would that be officer?”

The session then followed on with the NUJ commissioned film Press Freedom: Hostile Reconnaissance by Jason N. Parkinson.

Chez Cotton, Head of the Police Misconduct Department at Bindmans LLP, talked about the guidelines already in place, which have been agreed by all police forces in the UK, to protect journalists and photographers and cites three cases of police restricting or halting members of the press from their work.

Photographer and branch member David Hoffman documented his experiences of increasing police brutality from the 1970’s to the G20 demonstrations of 2009.

In the final section, “How to change attitudes?” NUJ Freelance Organiser John Toner summarised the day’s seminar.

The well known and highly respected National Union of Journalist member David Hoffman, who is represented by Chez Cotton, head of the Police Misconduct Department at leading civil rights law firm Bindmans LLP, has received £30,000 damages today from the Commissioner of Police for the Metropolis.

Mr Hoffman was working in a professional capacity covering the G20 protests.  Despite being out of the way and not interfering with any police operation, an inspector in full riot gear ran towards Mr Hoffman and hit him in the face with a shield, fracturing Mr Hoffman’s teeth. As well as paying compensation and the cost of the extensive dental work that has been required, the Commissioner of Police of the Metropolis has also apologised to Mr Hoffman for the treatment he received and has confirmed the force’s recognition that journalists have a right to report freely.

Mr Hoffman’s solicitor Chez Cotton says:

“Journalists such as my client are critical in disseminating information into the wider public domain. Reporters and photojournalists play a significant role recording political unrest, political events, which includes recording protest and, if it arises, police wrong doing. That my client was assaulted by a police officer when carrying out this essential function, and brutally so, is shocking. Fortunately with photographic and film evidence of the incident and detailed testimony, Mr Hoffman has succeeded in holding the police to account. It is absolutely right that the Metropolitan Police Force has paid significant damages, given an apology and confirmed recognition and respect for a free press.”

The apology from the Metropolitan Police states:

“On 1 April 2009 well-respected social issues photographer David Hoffman was recording the G20 protests in the City of London. The Metropolitan Police Service (MPS) recognise that Mr Hoffman was entitled to report on that day but was caused injury by an MPS officer during the event, preventing him from doing so. 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 apologise to Mr Hoffman for the treatment he received and have paid compensation.”

NUJ Legal Officer Roy Mincoff said:
“David Hoffman suffered very painful injuries as a result of this entirely unnecessary gratuitous and violent assault on him while properly and professionally going about his work. The role of journalists, including photographers, as the public watchdog, must be respected. It is one of the essential elements of a democratic society that journalists are entitled to inform the public, which itself is entitled to be informed. The NUJ has fought for this to be recognised, and is pleased that the Police has now accepted responsibility and properly compensated Mr Hoffman.”

Jeremy Dear, NUJ General Secretary said:

“No journalist should be singled out by the police and the police service has no legal powers or moral responsibility to prevent or restrict photographer’s work. Journalists have a duty to record and report on public protests as well as the behaviour of the police.  David’s case is a shocking example of police brutality and totally unacceptable. We believe that attacks on working journalists are attacks on democracy and on society’s ability to make informed decisions. The NUJ will continue to take action in support of our members when they are targeted by police.”

Background to the case

Mr Hoffman, a well respected social issues journalist and member of the National Union of Journalists, attended in a professional capacity to report on the G20 protests on 1 April 2009 in the City of London. Throughout the event Mr Hoffman was carrying professional equipment and had his Press Card clearly visible around his neck and was obviously a journalist.

Mr Hoffman took photographs at various sites throughout the day.  At around 4 p.m. police in the Bank area stopped Mr Hoffman and others from moving forward and tried to push everyone back.  However, due to the size of the crowd behind Mr Hoffman there was nowhere to move back to.

After about ten minutes the police intensified their action and started to push Mr Hoffman and the others in the crowd using their shields and batons aggressively, even though there was still nowhere to move back to. Mr Hoffman was standing beside a line of police officers and was for no reason pushed hard by an officer, to one side.

Mr Hoffman saw a space and was anxious to avoid any further trouble.  He moved to one side so that he was further away from the police. Whilst doing this, Mr Hoffman was suddenly hit for no reason with considerable weight in the back by a policeman using his shield. This threw him violently into the back of a man in front of him.

Mr Hoffman moved even further away form the police and was  partly shielded by some builders’ boards.  He remained in this position, out of the way, and watched the events around him with his camera raised, ready to report. He was doing absolutely nothing wrong and was photographing without interfering in any police operation.

A few seconds later a heavily built inspector in full riot gear suddenly left the group of police officers he was with, ran directly towards Mr Hoffman, and deliberately hit him hard in the face with a shield. The shield made contact with great force, causing Mr Hoffman considerable pain and causing one of his cameras to fly round where it was knocked, causing damage to the equipment. Mr Hoffman was shocked and in pain from the shield hitting him and was thrown backwards.

It was subsequently confirmed that Mr Hoffman’s teeth had been fractured.  Mr Hoffman instructed Chez Cotton of Bindmans LLP to act on his behalf and the Commissioner of Police of the Metropolis. Proceedings were issued and the claim was settled shortly after the Particulars of Claim were served. The terms of settlement were agreed by Consent between the parties. The Central London County Court sealed the agreement at the beginning of December and the Commissioner of Police has today paid the damages in full.

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Tuesday 26th October, 6pm at Headland House.

At this month’s branch meeting we will have an expert panel talking about whether the ConDem government will defend photographer rights over the next five years. Speakers will talk about the subject from their area of expertise before the discussion is opened to the floor.

• Chez Cotton – Head of Action Against the Police at Bindmans Solicitors & a co-ordinator of the Police Action Lawyers Group.
• Jeremy Dear – General Secretary, National Union of Journalists.
• Grant Smith – Award-winning architectural photographer and one of the organisers of the ‘I’m a Photographer, Not a Terrorist‘ campaign group.
• Anna Mazzola – Solictor at Hickman & Rose specialising in public law (judicial review); human rights; actions against the police and other detaining authorities; and information and data protection law.
• Andrew Testa – Award-winning protest and conflict photographer.

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

Police officers cannot be above the law

When the police act outside the law and attack human rights and media freedoms by physically attacking media workers then the police should be held to account for such actions. It seems that Sir Paul Stephenson has other ideas.

Outrage at Police plan to issue their own press card

Leicestershire Police revealed they will be issuing their own press card/badges for the English Defence League (EDL) on Saturday 9 October.

Photographers unite to defend Press Freedom

Congratulations to the photographers who stood their ground against Tate Britain’s new contract, which effectively banned ‘bad’ coverage of the gallery. Photographers are fed up of being pushed around, all we ask for is the ability to do our jobs without negative interference from press officers, police officers or security guards.

Reporting from the Deepwater Disaster

At last the branch meeting video journalist and branch committee member Jason Parkinson spoke about his trip to the Gulf of Mexico to document the environmental disaster following the leak from the Deepwater Horizon oil well.

Who’s afraid of Photographers?

That will be the question under discussion at a seminar organised by the NUJ at the House of Commons on Thursday, 28 October. Places will be allocated on a first-come-first-served basis, and anyone interested should contact John Toner.

Minutes

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

• Draft September Branch Meeting Minutes
• Draft October Branch Committee Minutes

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 rally will be chaired by photographer Jess Hurd and we’ve got a top lineup of speakers who have dealt with the raft of terror laws that we face today:

• Jeremy Dear, General Secretary National Union of Journalists
• Paul Lewis, Guardian journalist & British Press Awards Reporter of the Year 2010
• Keith Ewing, Professor of Public Law at King’s College London & author of Bonfire of the Liberties
• Henry Porter, Observer columnist, author & British editor of Vanity Fair
• Chez Cotton, Head of Action Against the Police at Bindmans Solicitors & a co-ordinator of the Police Action Lawyers Group
• Marc Vallée, Photojournalist, investigative journalist and one of the organisers of the I’m A Photographer, Not a Terrorist! campaign group.
• Pennie Quinton, Filmmaker who won the ECHR case that ruled s44 is unlawful.

Supporting the rally are the National Union of Journalists, NUJ London Central Branch, London Freelance Branch and the I’m a Photographer, Not a Terrorist! campaign group.

This is a free event, open to the public.

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