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Terror photo fear
ARE PHOTOGRAPHERS at risk in the UK if they publish pictures of people expressing support for organisations proscribed under the Terrorism Act 2000? This has of course recently become a topical question. [The NUJ issued a statement on 31 July: see below.]
He's Spartacus; statue of the fabled leader of a slave revolt against the Roman Republic in 73-71 BCE, by Denis Foyatier (1793-1863). In Stanley Kubrick's 1960 film Spartacus government forces attempting to capture Spartacus are met with a volley of shouts of "I'm Spartacus!"
It seems to the Freelance that the relevant part of the Terrorism Act 2000 is Section 13(1A):
A person commits an offence if the person publishes an image of —
(a) an item of clothing, or
(b) any other article,in such a way or in such circumstances as to arouse reasonable suspicion that the person is a member or supporter of a proscribed organisation.
As editors, it seems to us that to publish a photograph with a caption along the lines of "people wearing T-shirts proclaiming that they support the 'Militant Crochet Union' outside the High Court on 31 November" ought not to "arouse reasonable suspicion".
Avoid adjectives and adverbs. For that matter, avoid any nouns that might imply a judgement on their action. Do not write, for example, "brave people", "unjustly proscribed" or "Ministry of Love".
We are, however, not lawyers. The wording of the law is vague and it is hard to imagine that this vagueness was an accident.
The Freelance is seeking lawyers' views.
23 July 2025
The General Secretary responded at the London Freelance Branch meeting on 21 July that the NUJ has “a track record in terms of dealing with issues where there is police overreach or inappropriate use of legislation... If you encounter an issue, then come to the union straight away, and we will look at that.
“We haven’t put out generalised guidance. We have considered it, but there are reasons why we haven’t done that because that could be a hostage to fortune. But we do have access to legal routes and legal advice, should these things happen to individual journalists. The general position is, if you’re carrying out your proper journalistic activities, as is appropriate and then something untoward occurs that’s when you come to the union.”
29 July 2025
A person holding a placard reproducing a Private Eye infobox
Meanwhile the difficulty of applying legal advice on what the law ought to mean, in the face of police officers’ imperfect understanding, is illustrated by the case of retired head-teacher Jon Farley. On 19 July he was arrested in Leeds while holding a placard reproducing a Private Eye info-box that sought to explain the prohibited words.
He was told on the Monday that no further action would be taken - but that was after he had been held for six hours and bailed on condition that he attend no rallies of a proscribed organisation - which, he pointed out, he had never done.
The Freelance is not aware that any of the many people who took or distributed photos of Jon's placard has been arrested, yet.
West Yorkshire police told the Guardian: “We are sorry that the man involved is unhappy with the circumstances of this arrest. As this is a new proscribed organisation, West Yorkshire police is considering any individual or organisational learning from this incident.” The Freelance suspects this means that a police officer will be gently asked how stupid they are.
1 August 2025
On 31 July the NUJ released a statement: Right to Report on Palestine Action.
It opens:
NUJ members must be allowed to report news freely and objectively. The exercise of editorial judgement cannot be undermined by the Home Office and the decision to proscribe Palestine Action does not prevent journalists from reporting on the activities of the organisation.
It advises, besides always carrying your Press Card and following the Code of Conduct:
If covering an event organised by - or in support of - a proscribed organisation, it should be clear that you are there solely in a professional capacity as a newsgatherer. Be careful where you place yourself and distinguish yourself from the group’s activists and supporters as much as possible. Do not wear clothing or display iconography that could be perceived as support for the group or wider cause.
It quotes Assistant General Secretary Séamus Dooley:
“We are acutely aware of the plight of journalists in Gaza. The proscription of Palestine Action comes as the starvation and targeting of journalists in Gaza by Israeli forces continues.”
Emergency numbers for NUJ members
How to get legal assistance if you are an NUJ member
www.journalistsafetytracker.org.uk report incidents
Right to Report on Palestine Action nuj.org.uk