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Illegal To Take a Photo In a Shopping Center?
New submitter Kyrall writes "A man was questioned by security guards and then police after taking a photo of his own child in a UK shopping center. The center apparently has a 'no photography' policy 'to protect the privacy of staff and shoppers and to have a legitimate opportunity to challenge suspicious behavior.' He was told by a security guard that taking a photo was illegal. He also said that a police officer claimed, 'he was within in his rights to confiscate the mobile phone on which the photos were taken.'"
I don't know that it's theft as such in the UK, but it's certainly not allowed.
There was supposed to be an education campaign within the UK police force to stop them from pulling this crap, as they've been shown repeatedly to be confiscating equipment without any powers to do so. And a mall cop certainly has no right to do that.
Taking a picture is most certainly not illegal either. It may be against company policy and may result in you being removed from and banned from the mall, but this is in no way illegal. (If you come back or refuse to leave, that's trespassing, sure.)
Ironically, Britain is said to have more state-operated cameras than anywhere else on Earth (but it still cannot solve 80% of its crimes). It seems that the more cameras the state uses, the fewer it allows ordinary citizens to use. This may be a manifestation of a psychiatric illness on the part of the some administrators, who have placed cameras into a god-like position that only they are allowed to officiate.
Taking stuff apart since 1969 (TM)
Seems the mall came to their senses.
http://www.bbc.co.uk/news/uk-scotland-glasgow-west-15251848
Re UK: "London Street Photography Festival" - fun to see how many thought public property was also mall like :)
http://www.youtube.com/watch?v=FJH9F7Hcluo
Domestic spying is now "Benign Information Gathering"
Interesting that you say that! It seems there was a fair sized protest on Facebook (and presumably email). From that page:
Further to the previous statement Capital Shopping Centres Group PLC have confirmed that they will be changing the photography policy at the 11 directly owned centres and that at the other 3 centres, which owned in partnership with other companies, they will be discussing with their partners the policy change and recommending that it be adopted.
As you will have seen Capital Shopping Centres Group PLC have issued a formal apology and said that they have changed their policy on photographs and will allow family and friends to take photographs. I do intend to keep the dialogue going with Capital Shopping Centres Group PLC and clarify that this aplies across all of 14 of their shopping centres including The Trafford Centre and Lakeside.
I don't know how many people participated, but it seems to have been enough.
IANAL, but I have fun with a DSLR, and educate myself on what I legally can or can't do with it.
IAAL and you have fundamentally misunderstood what has happened here. Since you like to educate yourself, I'll share some of my precious time ;)
This is not happening pursuant to any general laws relating to photography, which are probably quite similar in the UK and the US, but under under contract law.
As I understand this situation... When the occupant (that is the resident owner, or leaseholder) of private property (eg. a shopping centre) sets conditions of entry, and displays these conditions of entry in a place visible to the entrant, the entrant is taken to have agreed to those conditions by virtue of entering the premises. The quid pro quo here is that you agree to be bound by the conditions of entry, in return for an undertaking by the occupant not to sue you in trespass.
This is, for example, what gives supermarkets the "right" (it isn't a right, you've just given permission) to search your bags where this is stipulated in the conditions of entry.
The shopping centre in question apparently made it a condition of entry that no photographs be taken by entrants. And this gentleman was apparently in breach. I have not read the conditions of entry, but they may have included an agreement to surrender all " ... equipment; film; and other media to Capital Shopping Centres Group PLC or its authorised agents" on breaching said condition.
I doubt that this works very differently in the US, the UK or indeed any other common law country, (although there may be some variance as to what limits the various legislatures have set as to what contractual conditions might be enforceable).
Confiscation of cameras in the US is theft.
"Confiscation" without a statutory right of confiscation (as some LEOs may have) or the consent of the owner, has been a common-law crime in Britain since at least the 12th century and a statutory one since the 19th, known variously as 'larceny' and 'theft.' Without reading the actual conditions, however, we don't know whether or not the gentleman in question had agreed (albeit unwittingly) to hand over his camera.
The story, I'm led to believe, has a happy ending, the corporation in question having agreed to remove this onerous condition.
The larger problem --the privatisation of the High Street and the concomitant abrogation of individual rights this involves --is, in the face of the relentless invasion of the mall, unlikely to be so happily resolved.
Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
Actually, reality is a little bit more complex, the owner of the mall is within his rights to forbid the use of camera's within it's confines. However, that has to be clearly marked and the only thing he can legally do is ask you to leave the premises if you do take pictures. He does not have the right to delete your pictures nor to confiscate your device.
the Law is DIFFERENT in Scotland you know........ because we have a separate and distinct legal system.
while you are correct in saying that they might be able to stop you taking a pic there's no chance that a security muppet from a private firm has any rights to confiscate your property.. in Scotland that would theft along with "wilful deprivation of property"
Also doing so i Glasgow would be a bold move..lol the Weedgies would have yer eye out for less! i asked a mate of mine who is a Lothian and Borders(Edinburgh area) police officer and he said and i quote "that's a load of balls bud, they can't really stop you and definitely cannot take your kit, the force of law is not on their side" he then told me what the security dude could be charged with for taking your kit. Also under certain circumstances if the security "man-handle" you they can be done for assault as well!