Know your rights: what you can and can’t shoot?

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Know your rights: what you can and can't shoot in the UK today


What you can and can’t shoot is a hot topic in the UK, and the issue is never too far away from making headlines. Last year some amateurs staged a protest outside a shopping centre in Hull after a photographer fell foul of security guards, and no less a mover-and-shaker than The Guardian editor Alan Rusbridger recently got told to stop using a tripod on Hampstead Heath.
Photographers seem to bear the brunt of a lot of contemporary anxieties, particularly to do with terrorism and paedophilia, and there’s no shortage of people in hi-vis jackets happy to tell you that “you can’t take a picture there, sir/madam.”
So here’s a quick recap of what you can and cannot shoot. Please note this is not legal advice. You need to consult a solicitor for specific legal advice to do with any aspect of the law and photography, or any incident you’ve been involved in.

Taking pictures on the street

Generally you are allowed to take photographs on a public right of way, and this includes the pavement or road. It’s fine so long as you don’t cause an obstruction, or don’t break any other laws, such as those to do with terrorism or official secrets.
You can also take photographs of people on the street so long as you don’t harass them. Relatively few paparazzi get prosecuted though, so you would need to do something pretty extreme to get arrested.

Know your rights: what you can and can't shoot in the UK today
Image credit: Angela Nicholson
So what about kids? Legally, there is nothing to stop you taking a photograph of a child on the street.
You might get challenged by their parent or guardian, but unless they can prove you intend to use the image for nefarious purposes, or somehow threaten the child’s welfare, they can’t force you to delete the images (see later).
Remember we what said about anti-terrorism legislation?
This is likely to kick in if you try to photograph a policeman or member of the armed services without their permission, so be careful.


Photographing buildings

So long as you remain in a public place you can photograph buildings, but again, expect to get challenged if you set up your tripod outside a police station or army base.
You aren’t allowed to take photos ‘professionally’ in London’s Trafalgar Square, Parliament Square and the Royal Parks. So you’re usually OK with a smartphone, but expect more hassle if you get your tripod out (only pros use them, right?!)
Once you enter a privately owned building – e.g. a shopping centre – you need permission to take photos, hence the kerfuffle in Hull last year. So, always ask the manager.
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Again, you stand a better chance if you keep the tripod at home in order to allay health and safety concerns. If you stand outside somebody’s house and peer in with a telephoto lens, you could potentially be accused of harassment but it will only be trespass if you are actually standing on their land.
Art galleries, churches, museums and other privately owned buildings that open to the public will have their own regulations regarding photography. You can usually take photos of public art, e.g. a sculpture in a park, without breaking copyright laws.
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Transport hubs

If you want to shoot in a train or tube station, get permission from the manager first. Those dreaded tripods may cause more worries about obstruction and health and safety.
Airports will have very strict rules about photography, which you need to respect, and military air bases will certainly need special permission. An air day or is usually fine, but check if you are unsure.
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Should I delete images when told to?

The police don’t have the right to force you to delete images on the spot, so security guards and the general public most certainly don’t. The police can take your card as evidence, however. If you do get forced to delete images – maybe by an angry crowd – take the card out as soon as you can, rather than taking any more images.
You can then usually retrieve the deleted pictures using image recovery software. For more information on photography law, there’s an informativephotography rights page on the Urban 75 website.
As we said at the beginning though, you must always consult a lawyer for very specific advice.

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