Posts Tagged ‘Protest’

Branch member wins £30,000 compensation for G20 assault

10th December, 2010

Press release from Bindmans about branch member David Hoffman‘s successful legal action against the police:

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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Posted in News by Jonathan Warren | Comments2

Protecting journalistic material

15th November, 2010
LONDON, UNITED KINGDOM – 10.11.10. Student protesters and police clash outside the Conservative Party headquarters at Millbank in central London on Wednesday 10th November 2010. Early in the day 50,000 students and supporters marched against the governments plans to rises tuition fees to £9,000 per year. (Photo by Marc Vallée/marcvallee.co.uk) © Marc Vallée, 2010. All rights reserved.

LONDON, UNITED KINGDOM – 10.11.10. Student protesters and police clash outside the Conservative Party headquarters at Millbank in central London on Wednesday 10th November 2010. Early in the day 50,000 students and supporters marched against the governments plans to rises tuition fees to £9,000 per year. (Photo by Marc Vallée/marcvallee.co.uk) © Marc Vallée, 2010. All rights reserved.

A journalist protects the identity of sources who supply information in confidence and material gathered in the course of her/his work

- NUJ Code of conduct

Last week many NUJ members reported on the events outside the Conservative Party headquarters at Millbank in central London. The clashes between police and student protesters was of great public interest. Many frontline journalists, at great personal risk, gathered news content for the purpose and informing the wider public of the events of the day.

The police have started their criminal investigation, for many hours the police did not have police photographers or evidence gatherers at the scene. It is likely that the police will turn to photographers, journalists and media groups for material that was gathered.

It is a fundamental journalistic principle not to hand over material, to the state or elsewhere. It is not the role of journalists to collect material for the Police.

As Tim Gopsill and Greg Neale wrote in, Journalists – 100 Years of the NUJ “On a practical and important level, if angry crowds get the idea that journalists are going to hand over pictures to the police they are likely to turn on them.”

A journalist is entitled not to voluntarily hand over material that the police request and can require the police to seek a Court Order from a judge. A journalist can then make representations to the Judge if they wish. This applies both under the Police & Criminal Evidence Act (PACE) and counter-terrorism legislation. The European Convention on Human Rights, Article 10, Freedom of Expression may be engaged, in relation to confidentiality of sources and material, and also Article 2, Right to Life, as to the safety of journalists.

If you are approached by the police for your material you should contact the NUJ before you do anything. If you are a member of the London Photographers Branch you can contact me or during office hours the NUJ Legal Department on 020 7843 3721. If you urgently need help you call the 24hr NUJ emergency legal helpline on 0800 5877530.

We will get you legal advice and support in dealing with the police request.

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Posted in News by Marc Vallée | Comments8

A Victory for Press Freedom

25th June, 2010


A police officer attempts to stop the media reporting on a blockade of the Greek Embassy by Greek and British anarchists in London, England. Image © Marc Vallée 2008

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.

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Posted in News by Jonathan Warren | Comments5

As the far-right rises, we must protect our members

12th April, 2010


EDL organiser & BNP activist Chris Renton (middle) photographs members of the media at a EDL protest in Bolton. Image © Jess Hurd/reportdigital.co.uk 2010

March’s NUJ London Photographers Branch (LPB) meeting saw members vote to condemn the targeting of journalists by the English Defence League (EDL). The motion also agreed that the LPB would support the NUJ Expose The BNP campaign.

EDL street numbers have drastically increased in less than a year. They claim they are a multicultural, non-racist, non-violent organisation, protesting against “militant Islam”. Yet the published photographs and television news reports show a very different picture. Racism, violence, criminal damage and clashes with the police have become standard on their protests. Connections with far right groups have been repeatedly exposed by various news outlets. The EDL claim they are being misrepresented by a left-wing media conspiracy and their response has been to target journalists. For those regularly covering the protests, intimidation, threats and violence have followed.

Email threats have been issued, warning journalists not to document EDL protests. Journalists’ websites have received increasingly racist and threatening comments. Photographs identifying journalists have appeared inside EDL forums and on the website of Casuals United, a group supporting the EDL, set up to recruit hooligan gangs from football ground terraces across the country. Information, names and addresses of journalists have been sought and messages sent out to EDL and Casuals United members to “keep an eye out”, “give them a warm welcome” and “have a word with them”.

Some journalists and photographers found out at the Stoke protest in January this year what ‘having a word’ meant. Several received punches to the head while others came under a targeted hail of bricks, bottles, lighters, coins, wooden debris and burning rags soaked in petrol.

Two months later in Dudley a further four photographers were punched, kicked and threatened. Several of these attacks came from EDL stewards. With the types of weapons being carried during the demonstrations – knuckle dusters, knives, lighter fluid canisters and bottles of bleach – it is clear that the threats against working journalists covering the far right in the UK are extremely serious.

The London Photographers Branch vows to continue supporting all its members coming under attack.

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Posted in Debate by Jason Parkinson | Comments4