The BPPA’s Statement on the use of Generative AI by photo agencies

The BPPA’s Statement on the use of Generative AI by photo agencies

The news that Shutterstock’s generative AI platform has been used to create and sell child-abuse content, as reported by Petapixel, will concern everyone.

Images of child abuse have been constructed from datasets built using millions of real photographs, without the consent of the photographers or those in the photographs. Photographers should be wary of lending their work to any agency that might use it in this way.

The BPPA is shocked and disappointed that Shutterstock made this possible. It harms our members when agencies market genuine photojournalism alongside such imagery.

We’ve taken time to consider how this reflects on the work of photojournalists more widely, and the impact this has on our members.

Generative AI images are fiction. Image manipulation of any sort is against The BPPA’s Code. Use of such content by news publishers harms them and their audiences.

Trustworthy photojournalism such as is produced by members of The BPPA every day requires direct documentation of events by skilled photographers working to the highest ethical standards. Anything short of that is dishonest.

Further reading:
https://thebppa.com/artificial-intelligence-press-photography-and-the-bppas-position/

Surrey Police pay out after photographer Peter Macdiarmid brings civil claim for false arrest.

A still from his own car dashboard camera shows Peter Macdiarmid having been arrested and handcuffed. ©Peter Macdiarmid

Back in September 2022 The BPPA posted a short piece on our website about the arrest on the 24th of August of multi-award winning photojournalist Peter Macdiarmid whilst covering a Just Stop Oil protest at Clacket Lane Services on the M25, south of London. He was handcuffed and detained for several hours by Surrey Police despite identifying himself as the holder of a UK Press Card.

The post reminded Police Officers that journalists have a right and a duty to report the news. Peter engaged the services of the law firm Bhatt Murphy who sent a letter of claim to Surrey Police. Eventually last December Surrey Constabulary offered to settle out of court, but they are not accepting liability and are refusing to apologise for their actions. The law firm acting on behalf of Surrey Police responded to Peter’s lawyers and denied that any of the Surrey officers did anything wrong, arguing that the situation that they found when they arrived was confusing and that they had acted within the law.

Peter said after the result: “I have been a news photographer for 37 years and have covered many events where tensions were running high and police were under great pressure, this Just Stop Oil protest was not like that – it was very calm and protesters were voluntarily giving themselves up for arrest when a police officer decided to detain me on suspicion of conspiracy to commit criminal damage. I was unable to persuade the arresting officer that I was a genuine working press photographer and my press card was ignored. Whilst I am glad to finally bring closure to this after many months, I am disappointed in the actions of Surrey police in handcuffing and arresting me and then dragging out the legal process during my civil claim. Another colleague was arrested in similar circumstances in December 2022 by Hertfordshire police whilst covering a climate protest, but after legal action was started the force very quickly admitted it ‘unlawfully arrested and violated the human rights of a photographer who was held while covering climate protests on the M25’ and the Chief Constable personally rang to apologise to the arrested photographer. The stark contrast between the actions of the two police forces is telling.”

Congratulations to Peter and his solicitors for their perseverance in pursuing this case – Handcuffing and arresting a press photographer is unacceptable behaviour by Surrey Police. We believe that the Police got it wrong on this occasion and that this is far from the first time this happened and it is likely to happen again. In the end Peter has received damages and his costs, but would rather have not had to go through a lengthy and stressful legal process to clear his name.

Just Stop Oil Arrests

Just Stop Oil Arrests

Two press photographers and a documentary film maker were arrested whilst covering protests by the campaigning group Just Stop Oil on Monday 7th November. 

Tom Bowles and Ben Cawthra, both members of The BPPA along with BECTU member Rich Felgate were handcuffed and removed from two separate locations by Hertfordshire Police. A member of The BPPA’s Board has spoken to both photographers and, based on their accounts, we can report the following:

Tom and Rich were detained by the police at 10.44am, accused of suspicion of conspiracy to cause a nuisance. Tom wasn’t given a chance to offer an explanation for being at the location, nor was his UK Press Card acknowledged.

He was taken into custody and held until 1.20am the following morning and was released with no further action. Whilst in custody and speaking to his solicitor he found out that his house had been searched. This turned out to be by three male officers from St Albans. His wife and 14 year old daughter were both anxious about what had happened as they were woken to be confronted by this. His release papers said that he had been detained as he had been “Intentionally/recklessly causing a public nuisance.”

During his custody Tom repeatedly asked that his UK Press Card should be verified and when they eventually complied they informed him that his card had ‘failed verification’ although the police officers involved did not ask for his verification PIN. We have since checked and his card would have passed had they used his PIN. We have raised this with the UK Press Card Authority.

Ben’s experience was very similar. He was arrested at 8.15am after showing his press card, and having broken no law was still placed in custody. On arrival at the station he was told that his partner would be called but this didn’t happen. He had to push them to call her and they finally complied around 3pm – at approximately the same time that he had his first communication with an investigating officer. It wasn’t until his lawyer contacted them that things started to move along, which he believes was around 5pm. He was finally released at 11.30pm.

This isn’t the first time in recent weeks that this has happened. The arrest of Peter Macdiarmid covering a similar protest is still an ongoing matter.

The BPPA is deeply concerned that police forces are ignoring the UK Press Card and, more worryingly, are ignorant of what it is and what it represents. By arresting news gatherers they are going against a long-standing tradition of allowing the media to independently report the news. We sincerely hope that this is out of ignorance of how to identify members of the press and not a new policy of blinding society.

Still image taken from a video courtesy of Rich Felgate showing press photographer Tom Bowles being arrested by a member of the Hertfordshire Police Force minutes before Rich was himself arrested.

UPDATE: We have now written to the Home Secretary, various Members of Parliament and other senior figures who have the power and/or influence to help make sure that this doesn’t happen again. See the letter here

Appreciating the work of press photographers

©PA Jane Barlow. HM Queen Elizabeth II waiting in the Drawing Room before receiving Liz Truss for an audience at Balmoral, Scotland.

To launch the re-design of this site this piece by Karen Kay, which was originally posted on social media, has been reproduced here with her permission. Karen is a broadcast and print journalist who has worked on national newspapers, magazines and as a TV and radio, correspondent, presenter, producer and pundit for 30+ years. She now runs Shoot the Messenger, a media training and communications coaching business, and is married to a long-standing member of The BPPA.

Many of my friends and professional colleagues have talked fondly of this image, probably the last portrait of our Queen, taken by Press Association photographer Jane Barlow at Balmoral as she awaited the arrival of Liz Truss, to invite her to form a government.

Do read this piece. Appreciate the work of press photographers. Full disclosure: I’m biased, I am married to a stalwart snapper, and have long observed that he and his talented colleagues across the industry are rarely given the credit they deserve. At editorial meetings, industry parties, media awards, leaving dos, on front pages and inside spreads, it’s most often the scribes who are lauded, with photographers the unsung heroes who bring our words to life or whose work stands alone to tell a thousand words.

They often operate in the most challenging circumstances, given moments to work in an unfamiliar, sometimes hostile environment, or a setting chosen by someone else, often without consideration to background, light, composition and the comfort and character of the sitter. They work under immense pressure, often with hours of boredom then a few seconds to “capture the shot” required by a waiting newsroom, who often have a pre-conceived idea of what they are expecting. If a journalist misses a moment, they can write around it, glean anecdotes from others, sometimes report using news footage from the comfort of a newsroom, their living room or a hotel room, but not a photographer. Miss it and it’s gone. From war zones to world events, from protests to political portraits, they most often the first to arrive and the last to leave.

The last couple of days have highlighted the timeless power of a beautifully composed photograph. Whether it’s a news image documenting an event or a significant moment or a posed portrait, a still captures a split second that resonates in a way that video footage doesn’t. We can pore over detail and bask in the stillness. Almost everyone I know, and every business sharing public condolences, has shared images as a mark of respect on social media (almost certainly breaching copyright law), because a particular image or set of images resonates with their memory of a much-loved monarch.

It was extremely telling that, across the TV news broadcasts announcing the Queen’s death and in the hours that followed, so much of the coverage relied on photographs rather than filmed images of the late monarch. And, of course, the front pages and content of newspapers the following day, that still provide a starkly memorable punctuation mark in history, often bought as souvenirs of a watershed moment.

TV footage (& other filmed material) is valuable as a document, and tells different stories, but it has been wonderful to see people appreciate some truly exceptional photographs taken by the greats, such as Cecil Beaton, Snowdon, Lichfield, et Al, plus an extraordinary portfolio of work by press photographers over the years, including the delightful portrait by the late Jane Bown, formerly of the Observer, who was commissioned to mark the Queen’s 80th birthday with a private sitting, when she herself was 81. The radiant, serene black and white image released to announce the monarch’s death was from that session.

I have heard so many people – from royal pundits to friends – remarking on their favourite pictures of the Queen, discussing the candid moments of her with her horses or at the races, showing a contented woman with a beaming smile, or the exquisite frames of a young princess, dressed in swathes of couture silk satin by Norman Hartnell. Then there are the poignant ones that time stamp more painful moments – how can we forget that heart-rending frame of a frail, mask-clad widow sat alone, grieving in St George’s Chapel at the Duke of Edinburgh’s funeral. I urge you all to acknowledge and remember how valuable and important good photography is as a document – easy to forget now we all have an iPhone and 15,000 – often mediocre – images in our pockets.

The Association’s response to the arrest of Peter Macdiarmid

A still from his own car dashboard camera shows Peter Macdiarmid having been arrested and handcuffed. ©Peter Macdiarmid

Following the arrest of multi-award winning photojournalist Peter Macdiarmid whilst covering this morning’s Just Stop Oil protest at Clacket Lane Services on the M25, The British Press Photographers’ Association would, once again, like to remind Police Officers that journalists have a right and a duty to report the news.

Mr Macdiarmid identified himself as the holder of a UK Press Card which is a form of identification officially recognised by the National Police Chiefs Council but the officers from Surrey Police chose not to check and as a result a law abiding and extremely experienced photographer was detained for several hours.

The BPPA and it’s members would expect Police Officers to respect journalists and their work, recognise holders of the UK Press Card as professionals and not obstruct them in the course of their work.

Royal Parks Permits

In letters signed by The BPPA, the News Media Association, the Chartered Institute of Journalists, the British Association of Journalists and the Foreign Press Association in London and sent to the Editor of The Times and the Director of Communications, Marketing and Engagement for the Royal Parks the five organisations made it clear that restrictions placed upon news-gatherers excluding them from areas open to the public were unacceptable. The text of the letter to the Times said the following:

Sir, 

We are writing on behalf of professional photographers and journalists spanning the breadth of the UK news media industry.

This week, we have written to the Royal Parks to raise concerns about a clause in their news permits which prevents filming and photography at the back of No 10 Downing Street from Horse Guards Road or Horse Guards Parade.

This clause, which has recently been further tightened, unnecessarily restricts the legitimate activities of photographers seeking to report on hugely significant events happening right at the seat of power in this country.

The back entrance to Downing Street is an extremely important location for public interest news, particularly around a general election when a Prime Minister may change, or for reporting on activities taking place within Downing Street such as the Partygate.   We are asking therefore that the permits are updated to remove these restrictions. 

  • Owen Meredith, NMA chief executive;
  • Dominic Cooper, Chartered Institute of Journalists chief executive;
  • Matthew Myatt, British Association of Journalists general secretary;
  • Deborah Bonetti, director, The Foreign Press Association in London;
  • Paul Ellis, chair, The British Press Photographers’ Association.

The Times then followed this up with an editorial on page 9 of today’s edition (Thursday September 1st 2022). The letter to the Royal Parks made the same points.

The Royal Parks in London have (for a fee) issued permits allowing photographers to take pictures in their open spaces for many years. This always made it difficult for those wishing to cover the rear entrance to Downing Street but, in a recent revision to the rules, it became almost impossible.

The BPPA has been involved in several attempts over the years to sort out this issue and we hope that this latest effort will make the working lives of our members that little bit easier. In an ideal world the Royal Parks Permit would become a thing of the past and hope that this latest chapter in the long-running saga brings us into that world.

News gatherers are key workers

News gatherers are key workers. That was made clear by HM Government during the original COVID-19 lockdown and our Police forces acknowledged the vital role media workers play by recognising the UK Press Card Authority’s official Press Card as sufficient evidence that the holder is a working journalist.

Members of The British Press Photographers’ Association and their colleagues with UK Press Cards issued by other bodies were regarded with contempt by a significant number of officers of the Metropolitan Police Service as they repeatedly failed to recognise carriers of the UKPCA card, harassing and threatening them with arrest for non-compliance of lockdown rules as they covered the Million Mask demonstration in central London on 5th November.

At a time when HM Government and the emergency services of the UK continue to rely heavily upon the free press as trusted sources of vital public information during the COVID-19 pandemic, for officers to bully and inhibit working press photographers is both irrational and counterproductive.

The BPPA welcomes the apology to the Society of Editors but we are still concerned that MPS staff members are either ignorant of the arrangements in place or are deliberately choosing to ignore them.

The BPPA calls upon the Metropolitan Police Service and the National Police Chiefs Council to commit to adhering to governmental instructions regarding the recognition of UK Press Cards and their holders as key workers.

Membership Subscriptions Update

Back at the end of March this year The BPPA announced that there would be a subscriptions holiday for any member who felt that it woud help whilst the Covid-19 Pandemic was at its height, the country was effectively locked down and work was drying up fast.

This was initially for a three month period which came up for review at a meeting of the Association’s Board last night.

Those Board members present voted unanimously to offer those members who opted for the holiday to extend it for a further three months and to make it possible for anyone who hasn’t taken up the offer so far to do so.

If you are one of those who opted for a subscriptions holiday in March or April then you need DO NOTHING.

If, at any time, you no longer need it then it would be great if you would also let us know.

If you are experiencing, or are about to experience, any financial hardship because of the pandemic then please email info@thebppa.com and we will suspend your payments whilst leaving your membership status as “paid” so that you can still make use of any and all membership benefits.

Of course, if work picks up then we would greatly appreciate it if you culd let us know to remove you from the list of those taking the holiday.

An open letter to the Premier League

The BPPA represents the interests of over 400 full-time press photographers, many of them working in sport as freelancers. To that end, we have written to The Premier League to highlight the impact on our members should plans go ahead to severely limit the number of photographers at stadia when football returns.

The BPPA has offered suggestions on Project Restart match coverage with health and safety at the forefront of consideration, which would help both increase the coverage of the Premier League as well as help photographers recover from the crisis.

The BPPA urges the Premier League not to use one photographic media source exclusively, as not only would it severely affect the variety and richness of coverage in our national game it would also adversely affect many members of The BPPA’s and the wider freelance community whose income is totally reliant on football. The BPPA wrote to the Premier League last Monday and are still awaiting a response to this concerning issue for the sporting media community.

With this in mind The BPPA has joined with other organisations who want to be involved in Project Restart in this common goal and welcome further dialogue with The Premier League as a matter of urgency.