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Freelancers and Citizen Journalist Bill of Rights

My name is Jonathan Tepper. Usually I blog about financial matters like photographer payments, but today I want write about the rights of photographers, freelance journalists and citizen journalists.

Yesterday evening I got a call from my father. He was in Madrid and decided to go shopping to Isla Azul, a shopping mall. As he entered the shopping mall, he saw dozens of police cars and ambulances taking people out of the area. Apparently it was an armed robbery that had gone wrong. My father took out his camera phone and took some pictures. Immediately a young policeman took away his camera, demanded he erase any photos, and threatened to take him to jail. My father complied, rather than get into a fight with a policeman.

As it turns out, professional photographers made it to the scene and took pictures. You can read about the incident here.

My question for the Demotix community is: why is it ok for journalists to take pictures but not freleancers? Why should freelancers and citizen journalists be abused by the police? We need to find a way to raise awareness of the rights of citizens to take photographs of news events. Surely freedoms of speech and press also protect the right to know and the right to report.

I'd love to know your thoughts. Have you had similar experiences?

Comments
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lawmoment

Hi Jonathan, I have just seen this post, I am sure we can talk about it on the 26 June when we meet in Madrid. I assume that your father does have a demotix press card. It works for me practically every time. I also carry my UK passport with me when I'm out taking pics. Ironically the only time that the press card did not work I think I got the best pics of the Princess of Asturias at the women's race! Except for the Palace photographer and one or two passers by like me no one covered the princess walking to the presentation stand from the finishing line. My rule is Demotix Press Card+Passport+Camera and if I am stopped that will be the story. See you soon Lawrence

Lawmoment - Lawrence also on my website www.lawmoment.com

Graham_Horne

Have just submitted an article testing this very idea. Yes it is an angry article because I was nearly mashed by an illegal motorist. Jonathon I dont see why freelancers or citizen journalists should have any less rights than any other photographer and I for one would happily do jail time on this issue. When Im out and about for demotix as far as I am concerned I'm as free as any so called professional and would say the same for all demotix members. Demotix is rapidly building a track record as a top class newswire and long may it do so.

Graham

Turi

Dear All,
I'm busy trying to sort out a massive industry-wide event at the Frontline Club in London on precisely this issue. I've been working on it with John Owen, who chairs the Editorial Committee at Frontline and is Prof at City University in the Masters Journalism Programme.
We're onto it - and we'll keep you posted for the event. We're also trying to figure out the right kind of mobilisation and protest stunt to ensure we get max attention - a little like these guys: http://www.demotix.com/news/demonstration-against-bullfighting-madrid

EricSmith

Hi, this is Eric Smith, a relatively new member. I am very concerned about police harassment when we are withing our legal rights. Two years age I joined the International Press Association. http://www.internationalpress.com/
If accepted you are issued press credentials in there name. It is in no way equal to a major publications press pass or one issued by a city government. But mine has been honored many times at news events. One instance was in Washington DC at an anti war (Iraq) protest and the DC and the mall Park Police honored it along with the credentialed press. It has also been very valuable with organizers of events and their security guards. I highly recommend it.

RadicalImages

Hi JT, The term Freelance and Journalist is confusing as they can be one of the same, however if you are referring to accredited (card carrying) press then the only difference is one has a card. The card gives no additional rights over a freelance journalist/photographer without a card, or any other member of the public.

I think the card carrying idea is a disadvantage as it divides WHO can be classed as a news gatherer and we all can, the press card was introduced by unions and was a way of securing their jobs; as CJ's have always been trying to break in with spot news.

Even the police are confused by this and Commander Bob Broadhurst who was in charge of the G20 does not seem to understand what the card means (See video from NuJ photographers conference http://twitwall.com/view/?what=0108090F0B) Personally I think it is time to scrap the card and just enforce our rights as citizens

andyheath

Very interesting point Radical-Images.

davidreid

I think it is important for photographers to be aware of their rights and not let themselves be intimidated. If police try to interfere with you taking photographs ask politely what laws you are breaking. Let the police know that you believe it is your right to be able to take photos. If the police want to stop you they need to justify their actions based on the law.

StevePunter

JT. I am by no means an expert on Spanish law. However the law in the UK is surprisingly clear despite the introduction of section 76 etc. Policemen here cannot take your camera or ask you to delete images. That requires a court order. There is an exception and that is if a major act of terrorism is underway. So everything looks good on paper. That's not to say that the police will not try it on. And public order offences are a minefield. However the judges are not a push over when it comes to the rights of anyone to take pictures. And again in Britain there are very few prohibitions. Have I been stopped? Yes, generally by Community Support Officers. I take out my iPhone which has a copy of Magna Carta on it flash it at the officer and explain a little about our constitution since 1215. I take the guys number and politely invite him to get hold of a senior officer - I suggest superintendent or above - so we can discuss wrongful arrest, false imprisonment and the Theft Act. That usually does it. Rights even those on the statute book only exist if they are asserted. One other thing. It would help those with Demotix who do not have press passes if a case could be made with the issuing bodies. I expect they will be reluctant. But they may consider an associate class for registered citizen journalists. It would go some way to maintaining a healthy relationship with the law and its enforcers. Steve

Steve Punter
STEPHEN PUNTER PHOTOGRAPHY
London
UK

bernalrevert

Everyone is talking about "the rights" of citizens while taking pictures.

What about the duties? No responsabilities?

Bernal Revert - Professional photographer in Brussels

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