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Monday, October 05, 2009

Police unlawfully order Jailhouselawyer to stop filming a RTC

Police unlawfully order Jailhouselawyer to stop filming a RTC



I wrote the following on YouTube...

"As I came back from a walk with my dog Rocky at approximately 7.15pm a police car rushed by me with blues and twos. Then I saw all the blue flashing lights and went to investigate as a citizen journalist of the new media. There I was quietly minding my own business, acting legally within my rights, when I was first approached by a woman police officer to stop filming because it was a RTC. Then I was approached by a Gestapo-like thug impersonating a police officer who threatened to take away my camera phone because he claimed I was filming evidence. I stated it was not to do with terrorism and that I was legally entitled to report news and events of public interest. Because I wanted to put it up on YouTube and my blog, I gave into the abuse I suffered which violated my right under section 6(1) of the Human Rights Act 1998".

Ordering me to stop filming because of evidence is total nonsense. I arived too late for evidence as to what happened. I was merely recording a newsworthy event of legitimate public interest. Right after the woman PC or PCSO came a thug-like male cop being very threatening. I intend to lodge an official complaint and sue for damges those in breach of section 6(1) of the Human Rights Act 1998.

UPDATE: What a Liberty!

Freedom to photograph/ film

Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel.

It would appear that it is the following advice which the police failed to understand in relation to evidence...

"Access to incident scenes
The Senior Investigating Officer is in charge of granting members of the media access to incident scenes. In the early stages of investigation, evidence gathering and forensic retrieval take priority over media access, but, where appropriate, access should be allowed as soon as is practicable".

10 comments:

Prison Widow Global said...

Go for it!

Ironside said...

Go get em John and take that adoreable dog with you.

jailhouselawyer said...

Philipa: Don't these law breakers take liberties!

Ironside: I will be on to my lawyer in the morning!

Ironside said...

What I find amusing here John is had this not been a police incident. The police would be asking you if they could use this footage of yours as evidence to help them in their enquiries.

Had you a different coloured skin ,you could have also accused the police of being racist and won thousand of pounds in damages for your distress. lol

Anonymous said...

I wish you luck. The police in recent years have come down heavily on photography in public places and invent laws to justify their actions. Most people are so intimidated that they just give in.

Anonymous said...

why would any reasonable person want to film an rtc for their own pleasure. frankly i find your actions disturbing and i take it that rocky is not a poodle

jailhouselawyer said...

anonymous: It was a newsworthy event and therefore quite reasonable to film it. What was unreasonable was the police conduct. You are right Rocky is not a poodle.

Anonymous said...

if it was so newsworthy then report the facts. what happend , what were the injuries, how long was the road closed. thats news not goading coppers into a response when they are dealing with a situation. If you are not part of the solution or helping then you are part of the problem. Have a little respect for people at work i know if you filmed me doing my job I would be alot less polite.

jailhouselawyer said...

The only goading was by the police breaking the law.

Matt Wardman said...

I wish you luck with this.

Worth talking to the NUJ and the British Journal of Photography,as there are precedents, court rulings and policies now (and police admissions of errors I think) showing that road accidents can be reported.

Not sure how they read across from pro journos to citize journos though.

I have some cases here:

http://www.mattwardman.com/blog/official-harassment-of-photographers-in-the-uk-i-have-a-little-list/

Rgds