"Photography Is Not A Crime" - Is That Always True?

We can answer that question immediately: with the exception of certain situations involving national security, terrorism, and indecency, photography is not a crime - nor should it be. That means the auditor tagline is more or less true, but is it as simple as that? Here we remind auditors that there are no absolutes in law and a simple approach is never a real answer.
Footage is copyright of The Guardian, Vpro, Hamst, WIVBTV, Marti Blagborough and Auditing Yorkshire, used here under fair dealing.
My previous video about Auditing Britain’s methods (“How Auditing Britain Wastes Police Time - And Why It IS A Crime!”):
• How Auditing Britain W...
A previous video from me about Auditing Yorkshire (“Auditing Yorkshire Is The Worst I Have Seen”):
• Auditing Yorkshire Is ...
Footage from Marti Blagborough Audits:
-“2023 Best & Worst Bits, Happy New Year”:
• 2023 Best & Worst Bits...
-“Inspector Sausage Says I Can Not Film In Public Place”:
• Inspector Sausage Says...
Marti Blagborough Audits Social Blade Profile:
socialblade.com/youtube/c/mar...
Footage from Auditing Yorkshire:
-“ A Web Of Lies & Deceit By Inspector Dyson! MUST WATCH!”:
• A Web Of Lies & Deceit...
-“Call Me A Muppet Again And I Will Arrest You!”:
• Call Me A Muppet Again...
-“Happy New Year All The Best For 2024”:
• Happy New Year All The...
-“ Christmas Eve Special LABCORP Human Testing NOT ALLOWED”:
• Christmas Eve Special ...
Auditing Yorkshire KZbin Channel:
/ @auditingyorkshire
Section 58 of the Terrorism Act 2000:
www.legislation.gov.uk/ukpga/...
Section 89(2) of the Police Act 1996:
www.legislation.gov.uk/ukpga/...
Section 4A of the Public Order Act 1986:
www.legislation.gov.uk/ukpga/...
Section 5 of the Public Order Act 1986:
www.legislation.gov.uk/ukpga/...
Sections 28 to 32 of the Crime and Disorder Act 1998:
www.legislation.gov.uk/ukpga/...
Section 43 of the Terrorism Act 2000:
www.legislation.gov.uk/ukpga/...
Section 44 of the Terrorism Act 2000 [repealed - select ‘Original Version’ to view]:
www.legislation.gov.uk/ukpga/...
Judgment of the European Court of Human Rights in the Case of Gillan and Quinton v. the United Kingdom (Application no. 4158/05) (2010):
www.statewatch.org/media/docu...
Article 8 of Schedule 1 to the Human Rights Act 1998:
www.legislation.gov.uk/ukpga/...
ACPO Guidance for Photographers (2010):
www.theiac.org.uk/resourcesne...
NPCC Auditors/Social Media Bloggers - Initial Guidance (2021):
www.whatdotheyknow.com/cy/req....
Photography and Hostile Reconnaissance - A guide for BSIA members:
www.bsia.co.uk/zappfiles/bsia...
Volume 1 of the Report of the Public Inquiry into the Attack on Manchester Arena on 22nd May 2017:
assets.publishing.service.gov...
First Amendment to the Constitution of the United States:
constitution.congress.gov/con...
Fourth Amendment to the Constitution of the United States:
constitution.congress.gov/con...
Police and photographers in London's Square Mile:
• Police and photographe...
From snapshot to Special Branch: how Paul Lewis' camera made him a terror suspect:
• From snapshot to Speci...
Ken Livingstone (Ex-mayor of London) Takes on Police over Filming:
• Ken Livingstone (Ex-ma...
Stand Your Ground:
• Stand Your Ground
How First Amendment 'auditors' target public servants for viral videos:
• How First Amendment 'a...
Golden Wonder Security:
• Golden Wonder Security
How First Amendment 'auditors' target public servants for viral videos:
• How First Amendment 'a...
Theme: “Upbeat” by Ivan Fidrovskiy Channel: / @ivanfidrovskiy2374
Compilation: • Ivan Fidrovsky | Compo...
Loowi’s Outro:
• Podcast Intro/Outro Mu...
Channel: / @loowi

[@williamgeorgefraser]

Basically, the difference between a photographer and an auditor is one of attitude. A photographer will generally have a purpose in mind for taking photos - architecture, historical value, unusual setting or something obscure. They will argue their rights but without being confrontational and will usually leave when ask if they are on private land. A frauditor, on the other hand, has only one idea in mind and that is to create a situation that leads to confrontation. Ken Livingstone explained in reasonable, non-condescending terms why they had the right to film. Auditors, in the main, take on a filthy attitude, talking down to people and swearing at them, using threatening language and harassing and shouting at those who are simply carrying out their job. In the long run, they make life more difficult for everyone. I'm working on a project and visited an old railway station. I chatted with the owner, explained what I was doing and we left on very good terms. When I include the station in the video, I shall just use a still image and specify that it is now private property. Always respect the rights and privacy of others.

[@jons9721]

It should be a criminal offence to take actions to deliberately provoke a security response (should be what a reasonable person in that role would do). I think it already is on private property (aggravated trespass). It's not a criminal offence to write on a sports bag BOMB, its not a criminal offence to write BOMB on your sports bag in your home it absolutely should (and is) a crime to walk around a busy high street with a sports bag with BOMB written on it. Taking photography to provoke a response is exactly the same thing as the sports bag example

[@Dronesdjimini.4]

Are we not innocent until proven guilty their feelings are not law he said he didnt believe her do the police not need reasonable suspicion to arrest someone

[@jons9721]

That is true in courts, it is absolutely not true before that stage. It's the job of the police to assume everyone is guilty until proven otherwise. It's why its perfectly lawful to detain/stop/arrest someone on reasonable grounds (which may be no more than 10% certainty of a crime). Vast majority of police interactions or even arrests do not lead to a prosecution in court but that doesn't make them unlawful

[@meichong8278]

Interesting points on the origins of auditing , I wonder SVR your opinions on auditing growing out of copwatching in America which seemed to have started after the death of Freddie Gray in Baltimore ( I think ) when local activists were taught the basics of law and given a protocol to follow and given cameras at least partially funded by a group headed up by a former member of the weathered underground . A

[@Only_Fools_and_Audits]

This video is along exactly the same lines: kzbin.info/www/bejne/rWSVk6ieq9d1mtk

[@ianvarty8064]

The reason why he did not say that is because he is THICK.

[@exsubmariner]

Apparently police officers cannot become distressed by verbal assault as they are perceived to be on a higher threshold the verbal abuser must be in earshot of the general public so auditing Yorkshire was illegally arrested and detained That was his base for compensation allegedly

[@streetvideoreviewer]

@exsubmariner The case law isn't quite that. It's more that a police officer can be distressed by verbal insults but a higher threshold applies before it would become prosecutable. We must remember that the offence of 'insults' was removed from section 5 some years ago, so it is necessary for there to be other conduct anyway. That's why simply calling him a 'muppet' is not an offence per se, but if calling him a 'muppet' is part of an overall incident of disorderly behaviour, then it could be treated as the point when he 'crossed the line'.

[@exsubmariner]

@@streetvideoreviewer 👍 aye. aye captain !

[@vince-n]

Best video you have done so far 👌

[@streetvideoreviewer]

Thank you very much!

[@newpotatoes]

Very interesting indeed, shared

[@davidflanagan2194]

In my opinion this person has been clever with there answers to provoke suspicion. Just to create DRAMA and make others look like bullies. English is very broken and also comes across has being very fragile maybe some sort of learning ability. If you behave in a suspicious manor looking for DRAMA don't quiver like a little mouse when you don't like the outcome. 🤣 Disrespecting the crown for clickbait.

[@user_unknown1488]

cctv in public places by private companies and councils is also hostile towards the public, especially with the advent of chinese style tracking software linked to peoples devices and i would argue is a far greater infringement on peoples privacy than some annoying twat trying to get a rise from low paid security staff and wannabe plastic coppers, also i hear no argument from you regarding dashcams which are wholly used by people who are not registered data handlers. if i stand in the street and want to film businesses and council cameras i shouldnt expect anyone to stop me and question what i am doing. the question of surveilance is a two way street .

[@tonyb1223]

I take it you don't understand GDPR very well? CCTV which is operated by a company or council is subject to GDPR, that means you can request any data with you in it and have it deleted using a Subject Access Request (SAR), this can also be the same for some of those ring type doorbells, even if the owner is a private person but that doorbell has picked up on information that goes beyond the bounds of personal or household use. This is where dashcams come in, the use is personal or household use and is not subject to GDPR, if may be if you upload it and use that data where you can identify a person but in most cases you cannot.

[@streetvideoreviewer]

@user_unknown1488 Those things you mention can be intrusive, but my channel is focusing on auditors at this point. I cannot cover everything. The fact that we live in an intrusive environment already does not justify what auditors do, and as Tony says, there are reasons for CCTV and dashcams, whereas auditing usually lacks justification (and involves infringing others' rights anyway).

[@user_unknown1488]

@@streetvideoreviewer on principle they are totally intrusive and there is nothing we can do about it, i feel this trend of auditing is a mixed bag of positive and negative, they often highlight the sort of knuckle draggers who think a badge and a uniform puts them above the law and putting these tyrants on the internet is of public value, especially the private businesses who think they have more rights than a citizen, on so many occasions the police turn up in a few minutes whilst for crimes against the public the police take hours, days or rarely turn up at all, the public need to know how skewed the priorities of law enforcement can be, that is of value. Your videos are great at exposing the ones who have a malicous agenda and are misquoting the law to the public or just outright trespassing and wasting police time by being deliberately obtuse, so your videos are also of great public value and i think every Auditor should follow your channel so they can see the errors of their approach and buck their ideas up, i have been banned from commenting on alot of their channels for criticising them when i feel they are taking the 'piste' but i have also extracted alot of value from their videos too, not everyone who watches them gets a kick out of conflict and viewers really do warm to security, management and law enforcement who act respectfully when dealing with them... but thanks for highlighting the ones who really need to have a serious look at themselves. cheers

[@user_unknown1488]

@@tonyb1223 i did give you a long and detailed reply but it appears to have been deleted, it didnt contain swearing or any threatening behaviour so it is a mystery to why it has been erased.

[@Audit-The-Auditors]

CCTV isn't uploaded to a global platform with impunity and is covered by Data Protection.

[@babettesfeast6347]

Why do you have to explain a lawful activity?

[@streetvideoreviewer]

Who's carrying out the"lawful activity"? And under what circumstances would you 'have' to explain it and to whom?

[@babettesfeast6347]

Taking photos in a public place. As a street photography I’m constantly stopped and questioned by the police every time. I don’t normally photograph security or the police. I was once arrested and spent six hours in a police station cell because I took photos at a music festival. I complained and got an official apology. I am not anti police and hate being harassed by the police who are clueless on the laws relating to photography.

[@jons9721]

It's called being part of a civilised society that doesn't involve everything being lawful or unlawful (in fact there are very few acts that are automatically lawful or unlawful. Breathing never mind photography can form part of a criminal offence depending on the circumstances , while stabbing someone can be lawful again depending on circumstances)

[@tonyb1223]

@babettesfeast6347 It's only a lawful activity as long as you stay within the bounds of the law, driving is a lawful activity but break the speed limit and you are now breaking the law. You say you are a street photographer and you are being constantly stopped, so why can I go out and never get stopped when doing street photography? Taking pictures at a music festival, again I have done this plenty of times, never stopped but I did ask permission and they said it was ok, no hassle from anyone. Now I understand the laws regarding most of the things that go wrong when you do photography, 99% of it is common sense, be nice, don't get in people's way, don't break the law, be that by obstructing an area or by doing something nefarious, just be polite and become a part of the crowd, out of the way and out of sight and get the pictures you want. And remember, whilst it is a freedom of expression, YOU the photographer have to take all responsibility for your actions as well as following any laws, having high morals, protecting other people's rights and just being a nice person, otherwise it will bite you.

[@gbhxu]

@@babettesfeast6347 Do you ever ask permission of the people you photograph.

[@MK2.75_Focus_ST-InstaG]

Can you please help genuine drone users escape an inevitable change in rules by the CAA surrounding drones. These auditors are pushing the law and boundaries to the very limits, to the point the authorities will be forced to take action. Sorry to go off subject here but i believe you have the power to do this and try make them applicable to GDPR as they're actually making a living out of this lifestyle, and that's what a business is right? Making private money. Surely they're registered as a sole traders in order to pay taxes on their income, whether GDPR is applicable to that, i do not know. My wife loves watching these lot and they grind my gears "please don't ring the police, but i want you to so i get that click bait thumbnail" 😬 vultures

[@streetvideoreviewer]

It will catch up with them, but it will take time.