Police failed to offer evidence against Greek photographer Pericles Antoniou when the case against him for taking photographs on the tube came up at Westminster magistrates yesterday (18 May) and so the case was dismissed.
Good news for Mr Antoniou – and the Greek Embassy report he is to be compensated for his legal and travel expenses, which is a start. But it would be good to see some investigation of the activities of the Transport Police – in particular over the claim that he was refused the right to see a lawyer, as well as some compensation for what appears to be wrongful arrest and holding overnight.
The Transport Police, according to the report in The Register, deny this claim, but then they also deny that they failed to submit evidence to the court. It is possible that whatever evidence they did supply was judged by the magistrate to be insufficient – or perhaps just irrelevant. I’m not a lawyer, but it would seem to me that the section of the law under whichMr Antoniou’s was charged simply does not cover what he was doing – see my earlier post Greek Tourist Arrested for Photography on Tube for the text of the Act.
The Register article also brings up London Underground’s policy on photography on their property. They want to make money from photographers by insisting on a licence for any professional photography on underground trains and stations. In practice you need – as always – a licence for film crews to work or for commercial shoots, but as it says on the TfL site:
Do I need permission to film or take photographs on the tube?If you are just passing through, you shouldn’t have a problem taking personal snaps, souvenir shots etc, although you must NOT use flash or lights on any of our platforms.
However, if you want to spend more than 10-15 minutes at any one station videoing or taking photos, or if they are for professional use, you MUST have a permit.
Perhaps now they really should add a footnote that if you are Greek you can expect to get a day in jail. And TfL should really amend the advice given in their ‘Guide to Filming’, which they say “should tell you everything you need to know about filming or taking photos on the Tube” but states:
Any individual or film production company wanting to film or take photographs on the Tube must seek prior permission from the London Underground (LU) Film Office.
You can also read more about the photography policy in the staff manual, quoted on the ‘Banditry‘ blog:
10.1 Passengers can take photographs with small cameras for private purposes, provided
* flashlights and/or tripods are not used
* No obstruction or inconvenience is caused to staff and/or passengers.10.2 Representatives of the media, press or photographic agencies and film companies, and other persons taking photographs for commercial purposes must first get permission from the Press Officer.
It is perhaps unfortunate that the case did not come before the court, as it would have been useful to get a clear decision against the use of the Public Order Act in this way. I hope that the Greek Embassy will pursue the details of the arrest and that the Transport Police will conduct an enquiry and take suitable disciplinary action against the officers concerned, but I’m not holding my breath.