In the wake of the Guardian newspaper’s treacherous attempts to photograph the secret, hitherto unseen building at 1 St Mary Axe, everyone considering taking photographs in public places in England and Wales should really ensure they’re aware of the complex legal situation surrounding photography.
A conventional reading of the law can be seen in this memo from Chief Constable Andy Trotter, head of the Association of Chief Police Officers, where he reiterates many times that “there are no powers prohibiting the taking of photographs, film or digital images in a public place“.
However, layman as he is, Constable Trotter has failed to consider three very important legal concepts in this matter: the doctrines of ‘jobbious worthious’, ‘soulibus stealibus’, and ‘facina nonce’. Respectively:
1) Jobbious worthious highlights the long-established precedent that any arsehole in a uniform [*] has the absolute right to tell you what to do, demand respect at all times, pretend that he’s a policeman, and be backed up by the real police when they arrive, despite the fact that the closest he’s come to an understanding of the law is the time he got cautioned for beating up some bleedin’ liberty- taker after 12 Stellas on a Saturday night.
2) Soulibus stealibus relates to the fact that the fact that if you take a photograph of someone in any context in a public place you are, ipse facto, guilty of ‘infringing their bleedin’ human rights’. The harm done to the victim reflects the fact that your camera captures a proportion of their soul with each click (proportion captured depends on size of camera, which is why cameraphones are viewed as less serious and tripods as worst of all), and hence the social concern that with sufficient photographs you’ll start to own the person in a voodoo-slavemaster capacity.
3) Facina nonce takes precedence over soulibus stealibus in the event that there is anyone who is, resembles, or has ever been, a child in any part of the
photograph. In this context, you are automatically guilty of making and distributing child pornography (which is defined as anything that a person who is sexually excited by photographs of children, irrespective of context or content, might be sexually excited by), and hence will be summarily hanged.
[*] applies to: security guard uniforms; PCSO uniforms; railway staff uniforms. Does not apply to: school uniforms, although see point 3.
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