Picture taking and the law
It happens almost every week. Our reporters are challenged and even threatened by persons holding official positions. These threats usually occur when the reporters are somewhere in public taking photographs in their efforts to gather news to satisfy the publicâs right to know.
Our reporters may not all have had formal training, but without exception, they have been trained in the basics of journalism and know that except in very special circumstances, there are no laws here in St. Vincent and the Grenadines prohibiting the taking of photographs in public or even on private property in certain circumstances. {{more}}If you can be there, you can take pictures there: streets, stores, crime scenes, cemeteries, sporting events, office buildings. They also know that trespassing laws naturally apply and if they are asked to leave by the owner of the property, they will. But if the place is open to the public, permission to enter is assumed.
In terms of the law, trespass and photography are separate events; the former is illegal, but the latter is not. Only if the use of the photographic equipment itself violates a personâs privacy, for example, using a long lens to look into someoneâs bedroom, or publishing a photograph that reveals private facts about a person that is offensive and not newsworthy, when the person has a reasonable expectation of privacy, might it violate privacy law.
Because our reporters have a certain understanding of the law, they are usually perplexed, when in carrying out their lawful duty, they are hindered, especially by persons who have the power to arrest.
Take the scene of a murder or suicide for example. Our reporter, standing behind the police yellow tape taking photographs, was ordered to stop by a policeman who would not give a reason for his order. Or, some law officers are in a neighbourhood making their presence felt. Our reporter attempts to take a photograph, he was threatened with a piece of pipe. These altercations do not occur with plain clothes, undercover police officers who may wish to conceal their identity, but with officers in uniform. We would like to know from the police why some policemen prevent us from taking photographs, while others do not. What is the policy? What is their interpretation of the law?
We therefore propose a panel discussion involving the police and members of the media moderated by local lawyers familiar with journalism law. We need to come to a better understanding of each othersâ roles and what we can do to fulfil our own mandates without infringing on the otherâs rights or hindering each other in carrying out our lawful duty.
Commissioner Pompey, we know continuing education is high on your list of priorities for your officers, men and women. We therefore call on you to accept our invitation to meet and talk it out.
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