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

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

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

The Association’s response to the arrest of 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.

New from the UKPCA – Passport and Chips

All change at the UKPCA – the UK Press Card Authority, where the BPPA is one of the card issuing gatekeepers. At today’s meeting they voted nemo contra for two fundamental reforms.
The meeting faced two problems. First, Custom Card, who administer the card on behalf of the gatekeepers, had detected two duplicate applications for the card from one individual through two different gatekeepers using subtly different details! The database relies on these details and the fraudulent application was only spotted because both applications came in on the same day with the same photograph. Fraudulent information undermines the integrity and security of the entire system. Clearly the case for independent verification of personal information is overwhelming.
Secondly the UKPCA had been approached by Downing Street police, asking  in the nicest possible way what we could do about security generally, and saying they got on well with the regular photographers, but they’d had complaints from them about people getting in with Demotix cards,  some of whom did not appear to be even taking any pictures!
Demotix cards – the ones that look surprisingly, alarmingly, you might even suspect deliberately, just like ours.
Custom Cards wanted to activate the card chips, which all UKPCA cards now carry, in full – all data, not just pin numbers (the phone line verification for which is not 24 hours). And they now have an app which would allow police to check card holders instantly and speedily. That would take care of any confusion over those Demotix cards looking so  much like ours, because they just don’t have one. And avoid what one photographer recently went through in Downing Street – 45 minutes while police checked him out.
So why on earth hasn’t this been done before? The chips are all there, all ready, we all pay for them….answer, because the NPA and NS simply refused to cooperate. That’s now history. The vote’s been taken. All gatekeepers must now accept fully working chips as a condition of remaining gatekeepers. Custom Card will now switch them on, and distribute the app.
Back to personal information – the other major change. From today, for verification purposes, all applications for the press card must be supported with the number, and a scan, of either passport or driving licence. Speaking for myself, I cannot imagine why anyone thinks this such a big deal – every year I submit both my passport and driving licence numbers three times, to get into the major party conferences. And have always thought it absurd that I have to meet a higher standard of security vetting to get into those than I do to stand all day outside No.10.
These two long overdue, vital changes will improve both the security and the authority of the – our – press card. And make card checks easier , faster, and painless for all concerned. Job done.