Assaulting Photographers

Although property owners may use "reasonable force" to evict people, they can never threaten violence ("assault"), detain you at length ("false imprisonment"), push you around and seize your camera or film ("battery"), or even force you to delete digital files ("coercion"). Rent-a-cops, supermarket clerks, shopping centre managers and even customers at a Haldon Street Cafe in Lakemba should take careful note.

In 2005/6 there were a spate of attacks on photographers, and in every case the assailants were charged with criminal offences:

• Feb 2006: Former politician Mark Latham was charged with assault, malicious damage and stealing after a press photographer snapped him and his children leaving a fast food restaurant.
• Dec 2005: A twenty-year-old was arrested and charged with malicious damage for assaulting St George and Sutherland Shire Leader photographer on Cronulla beach (in the lead-up to the pre-Christmas "race riots").
• Nov 2005: Five men were charged with affray and assault after attacking a Channel Seven TV crew, who filmed them leaving a Melbourne terrorist suspects hearing.

What is the law here? Threatening to damage your camera or equipment: s.199 of the NSW Crimes Act 1900 — maximum penalty 5 years imprisonment. Threatening violence against you: s.93C of the same Act — 10 years. Even if someone tries to prevent you from contacting the police: s.315A or s.319 — 7 or 14 years.

The moral should be fairly clear: an unwilling photo subject may only ask you to stop taking photographs, that is all. No touching, pushing, shoving or grabbing. Even Police officers must institute legal proceedings (ie. detain or arrest you) if they wish to seize your camera, film or digital files.