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Unbelievably, photographers are still being abused by the police for exercising basic rights

Photographer Yet more abuse of photographers in a public place.

As I have written before about the police and demonstrations, and specifically about photography, one of the worst repercussions of the anti-terror legislation is the
blanket powers officers wrongly think it gives them to hassle people when they fancy it. A minor named Jules Mattsson was taking photographs of a parade in Romford recently. The result is quite extraordinary.

Confronted by the police for doing precisely nothing wrong, this young man admirably stood up for himself and maintained, rightly, that he was entitled to take pictures in a public place. The police, as they have done so often in these cases, bullied and hectored him under imaginary "powers". Listen to the footage – their behaviour is quite astonishing.

An officer bluntly asserts that it is an offence to take pictures of children. Wrong. Then he is told by an officer called "John Fisher" that it is a "criminal offence" to take pictures of police officers and police staff. Entirely wrong. He is shouted at and bullied and told that he is being treated like this because he is an "agitator". He is told, nonsensically, that he is being moved on "for his own safety" because he would be trampled by the parade if he stayed where he was – despite the fact that it is clear from the recording that he is standing there solely because an officer has hold of him!

The journalist asks again and again the law under which he is being detained, held, questioned – a question to which an answer is of course a basic right when being detained, held, questioned by the police. He never gets one.

Hysterically, he is told he is causing a breach of the peace and is a hazard to the public – as a result of opposing the police bullying to which he was subjected. He is told he is a threat "under the Terrorism Act" and that this empowers the police to treat him like this. Wrong. His camera is seized. He is manhandled. He asks yet again why he is being detained and isn't told.

He is told that he cannot take photographs of the officer questioning him - wrong. The officer asserts he know of some sort of "personal privacy law" that entitles him not to be photographed. Wrong. Quite typically, the officers push him and taunt him and lie about their
rights to do so until he raises his voice in his defence, and then he is told that he is in "a state of disorder." He is told to stop recording their conversation. The police have no right to demand that. He is detained by the police for anti-social behaviour or a breach of the peace, they don't quite know – and then arrested.

The fact that the officers concerned throw umpteen alleged powers and alleged breaches of supposed laws at this man is demonstration of the fact that they didn't really have any power in mind when they confronted him – they'd just decided that they didn't like him taking pictures, wanted to push him around a bit and never dreamed that he'd stand up to them. Though we all want instinctively to support the police, incidents like this demonstrate that some are not worthy of support – indeed, the fact that they are obviously used to getting their way by being bullies means that their behaviour has undermined respect for the law they supposedly uphold, not merely on this occasion but in all likelihood, in past incidents too. Their swagger and arrogance revealed on the tape shows that they feel sure to escape punishment for their behaviour and the unjust treatment they meted out. I hope that an inquiry, and subsequent punishment show them to be wrong.

This case is symbolic of the wider shift in power that has lamentably taken place in this country, with strength shifting from the individual to the state. The fact that you are probably unsurprised on reading this piece is telling in itself.

I hope that the NUJ rallies to this brave young journalist's defence and bring a case against the police for their disgraceful behaviour.

Please listen to this appalling recording:

By Alex
Deane

As a coda, I note that I don't imagine that Mattsson would have been treated like this if he had had a tripod and several cameras dangling from him and was middle-aged, i.e. if he "looked like" a professional photographer.

**Update: story covered in the Independent, the Register, Journalism.co.uk and Amateur Photographer

Posted on by Alex Deane Posted in Home
  • http://profile.typepad.com/rupert1 Rupert Matthews

    Alex, is there anything that somebody in this position can do after the event?

  • http://profile.typepad.com/alexdeane Alex Deane
  • concerned

    It appears from the behaviour of the officers that the police were deliberately bating this photographer. There is an interesting issue here about how totally misunderstood child protection matters are in this country. People are so scared to do anything concerning children that they have scared themselves into believing things are law when they are not – this police officer being a prime example. Surely if children are part of a public parade it stands to reason that they are very likely to be photographed by others. We are all photographed regularly via CCTV whether we want to be or not and children are included in such imaging – does the argument then not go something along the lines that we/they are in a public place etc etc etc?
    What a sorry state this country is in – with all the various laws that are supposed to pay attention to our rights when push comes to shove it appears they are simply ignored.

  • http://profile.typepad.com/alexdeane Alex Deane

    I completely agree – both that they were trying to bait him and that we are in a sorry state at the moment.
    I’ve commented over at Mattsson’s site and Big Brother Watch will help him all we can.

  • guy herbert

    Which the taxpayer will pay for, and will have little effect. I fear until it is a disciplinary offence meriting dismissal from the force for a police officer to purport to excercise non-existent powers, then nothing will change.
    If someone not uniformed or otherwise an official were to treat a member of the public like that, they might well end up being criminally prosecuted themselves – and quite right too.

  • guy herbert

    Intervening comments have deprived me of sense: I meant the taxpayer will pay for the defence in any claim against the police.

  • http://profile.typepad.com/daveatherton Dave Atherton

    I initially thought some of the libertarian reactions a couple of years ago to the photography and anti-terrorism acts possibly a trifle exaggerated. Our police are far too sensible etc. How wrong can I be. I thought it was an enormous leap of faith that laws brought in stop fanatics murdering innocent people could never be applied to the law abiding general public. How wrong could I be.
    The Romford police are a disgrace and I wish Jules Mattsson and BBW the best of luck in furthering this incident for justice.

  • http://profile.typepad.com/alexdeane Alex Deane

    I agree Guy, they should fire officers who behave like this – but I am sure that they are likelier to do so if they have a High Court judgment and hefty fine against them!

  • Neil

    This is an outrageous appalling disgrace. If the police do not get a grip of this sort of thing and take action against these police officers we are in a perilous state. This must be sorted out.

  • Tom

    I don’t know whether this is your kind of thing but, since this seems to be a widespread problem, would it be possible for Big Brother Watch to create a kind of cut-out-and-keep guide for who has the right to do what and to whom in this kind of situation?
    I appreciate that the weight of statute and common law might be too much to be summarised on a A4 sheet of paper, but such a document might reassure less confident photographers and perhaps help persuade some police officers (although not, I don’t think, this Inspector in this case).

  • Neil
  • Neil
  • Tom

    Oh dear – its shameful to see police, using every decitful trick in the book, harass someone going about their legal right to photograph in a public place. They refused to give a truthful answer in response to straight forward questions – nothing they said was correct.
    Will they get fired; no is the simple answer.

  • Call me Al

    That is chilling. That police officer is an absolute disgrace to his uniform. He is is threatening a member of the public going about his legal business with laws that he is making up on the spot. There is no doubt in my mind that he should be suspended at the very least, reprimanded and sent back to school to learn the laws he is supposed to be enforcing.

  • http://www.stevetierney.org/blog Steve Tierney

    This was no simple matter of a police mistake or somebody making a bad call. It was systematic baiting, bullying and aggressive abuse of a position of power.
    This sort of thing is what damages the reputation of the many great police officers who understand that they serve the community – they do not rule the community.
    I’d instruct every officer involved to make a frank and full apology to the young photographer, fully admitting their poor behaviour.
    Then suspend them pending an investigation on whether this is “normal” behaviour for them. If they do this regularly – they need to find another line of work. If not, they need some re-training to avoid it happening again.

  • Not a Slave

    Well done Alex for putting this into a wider public domain…
    And an especially well done to the photographer for bravely standing your ground when faced with ignorance, hostility and bullying.
    I think most British people who listen to this will be disgusted at the attitudes of these people who are public SERVANTS who think they’re actually our slave masters.
    Everyone involved with needlessly hassling this brave and intelligent photographer should resign or be sacked.
    The former might rescue them some honour. The latter is the least they deserve.

  • Marcus Junius Brutus

    3 actions to take:
    1) Sue the police
    2) Complain to the PCA
    3) Consult a criminal lawyer and see if there are grounds for a CRIMINAL prosecution of the officers involved. Possibly assault.
    I’m considering carrying a printout of the guidance from the police website. I don’t know what the effect will be when I whip it out if I’m ever confronted.

  • http://profile.typepad.com/alexdeane Alex Deane
  • Redacted

    What I see here is really an extension of the way that *some* police officers have always behaved towards groups they perceive as “inherently anti-social” and/or “powerless”.
    Nothing shockingly new in this sort of behaviour except that the roster of people that they feel empowered to intimidate has changed to include classes of people who aren’t used to it and don’t take it for granted.

  • Graham

    Being a solicitor who unfortunately doesn’t practice in criminal law anymore, I would have thought that a civil action (battery / false imprisonment etc) would be more plausible than a criminal prosecution. Agreed a criminal action gets the headlines but really just having the police up in court and criticized by a judge and subject to a civil penalty or even nominal damages would cause serious ripples and be a good result.

  • joe bloggs

    This is utterly disgusting. They took all of the scare tactics that the last government implemented: terrorism, paedophilia, and anti-social behaviour; and used them against him.
    It is brilliant that the victim stood his ground and the police officers knew nothing more to use on him other than “breach of the peace”. The police are utterly useless.

  • Anon

    This kind of abuse by Police officers has gone for decades particularly against innocent football fans. Where’s the protests then?
    It always amuses me that it isn’t until photographers or indeed so-called ‘innocent’ protesters at a G20 summit are victims of Police heavy handedness that we’re supposed to get all a bit upset.
    Sorry where was the criticism when those on the Countryside Alliance protest was treated in a harsh way? That’s right there wasn’t any.
    The Guardian / Independent left wing types only care when it affects them.

  • Anon Too

    Anon, you’re a thick c*nt.

  • http://profile.typepad.com/alexdeane Alex Deane

    @Anon – I thought that it was abolutely disgraceful when the Countryside Alliance was treated like that by the police, and if BBW had been going at the time I’d have said so.

  • http://profile.typepad.com/lambtonwyrm Lambtonwyrm

    This police officer saw a 16 yr old taking pictures he thought he could push about. How wrong he was. There are good and bad in the police, the same as in society and he tarnishes the Met by actions carried out with no authority.
    It was farcical as he tried, time after time, to justify his actions and failed miserably as Jules countered every attempt at quoting a law.

  • Purlieu

    Have you noticed, that at 16 years old, Jules Mattsson in legally a CHILD

  • http://www.malcolmpryce.com Malcolm Pryce

    I am lost in admiration for this ballsy kid, I doubt I would have had the guts to stand my ground like that at 16. We should nominate him for a public service award – any suggestions? Same goes for another kid who stood up to the cops a couple of years ago:
    http://www.guardian.co.uk/uk/2008/may/20/1
    Heroes both of them.

  • Edward

    Did the police take every camera, from every person along the entire parade route of just this one lads camera who they harassed?

  • DC

    As a retired journalist, this report makes me shudder. I applaud this young photographer for standing up for himself so bravely in the face of ignorant bullies. What worries me though is what would have happened to him if the police officers involved were not being taped and photographed. They knew that their actions were being recorded and continued with this disgraceful behaviour. Nothing less than a full disciplinary inquiry is required followed by retraining and IQ tests for every police officer in Romford..

  • mark-already leaving the country because of such things

    We should all, everyone of us, complain to the police about this.

  • paul fallon

    perhaps a programme of peaceful marches & protests by & for the rights of photographers, pro and amateur alike, with demands that ALL officers guilty of such cynical fraudulent abuse of power & deliberate LIES regarding use of laws to censor & silence photographers going about their LEGITIMATE activities be sacked forthwith, including loss of pension AND criminal charges brought against such. these police officers (& i use the term loosely) are guilty of deliberate & premeditated assault AND robbery & should be tried, convicted & sentenced accordingly.

  • Otharian Black

    Yeah, ok, so we all know this is wrong on the part of the police.
    I’m in Canada. We just went through something as bad (or worse, if you happened to be arrested for no reason) with the G8 & G20 (particularly) Summits.
    I’d be interested in hearing what actions you people take on this case.
    I do hope that this brave young man, Jules Mattsson, gets full representation in court when he decides to follow through with prosecuting the police in this matter.
    That seems like his best option at this time, as, I am afraid that should Mr. Mattsson NOT follow through with prosecution of the officials involved against his civil rights, he will lose not only any sympathy he might have garnered from the Public at Large, he will also lose further civil rights in his role as a freelance journalist, and that is very sad, indeed.
    “An injury to one, is an injury to all.”
    And so I fear that ALL of us will lose, should this case not go to trial.
    I am currently helping out some of those involved here, through a National organisation called the Council of Canadians (see Maude Barlow…Google, if necessary) otherwise I would be more than happy to donate to this cause.
    I remain, freely,
    yours truly,
    Otharian Black

  • ROERT FERRIE

    YOU ARE NOT SURPRISED BY ALL THIS POLICEMEN HAVE A RIGHT TO TO TALK TO YOU LIKE THEY DO THEY HAVE A RIGHT TO LIE ABOUT YOU ASK PC JAMIE IRVIN 626 OF LANCASHIRE POLICE MAKING FALSE STATEMENT ABOUT ME RIGHT IN FRONT OF MY USELESS NOT YET QAULIFIED SOLICTOR THE TWAT

  • Martin

    This is what happens when you give thick people the power over others, they will always abuse that power. This level of loathing towards the public is typical of people of minor authority whose IQ doesn’t pass 99. Over-made up sarcastic cabin crew are another example of ‘people in charge’ who think they are a cut above the rest of us. They are not, they are just idiots wearing a uniform spouting rubbish. But the moment you challenge them they will bully you and lie about your behaviour to get you into trouble. Who will believe you though if they lie?
    I was once stopped from taking photographs in an airport check-in area because the person of minor authority who took me to one side told me the airline staff in the background ‘owned the copyright on their faces’ and I hadn’t asked their permission. I was told to delete the images or the police would be called.
    Why are people so afraid of being in a photograph? Most of the time they are either inconsequential background material or they are getting in the way of something far more interesting anyway! Do they think their souls are being stolen or something?