How I uncovered the Police Service of Northern Ireland’s lack of knowledge on press cards and what I did to change it #PressFreedom
What is this article about?
Police Service of Northern Ireland admitted they handled things wrong and could have done it better after I was stopped and questioned whilst I was working and forced to divulge all my private information despite showing my official UK Press Card.
These officers claimed that the press card I produced could have been bought and forged even though it’s impossible to forge the verification process of identifying a legitimate UK Press Card holder.
There is a clear lack of knowledge of press cards in the police service, admitted by a senior ranking officer, and I took the necessary steps to highlight and resolve the obvious problem.
Please take time to read over this article in full.
Who am I?
I am a Northern Ireland-based journalist specialising in all things visual - photography, video and social media - you name it. I regularly capture footage which gets used for local and national news outlets, mainly breaking news. If you would like to know me better you can read my story here or if you would like to see my work click here.
What is the incident about?
On the 21st of November 2022 at approximately 14:30, I was working and attended a police incident in Currynierin, Derry/Londonderry, at the junction of Stoneburn Place connecting with Ardmore Road.
Police were searching a field and areas nearby. The night before, a group of masked armed men forced a delivery driver to transport a suspicious device to a police station 2.5 miles away, triggering a security alert and evacuations.
I parked my car in Conway Park, a street which is nearby. I got my camera and tripod ready before I walked down to the incident and I also made sure I was wearing my red lanyard which had “media” printed all over it. Attached to the lanyard was my UK Press Card which is my press credentials. These are only issued to certain professional newsgatherers through a stringent gatekeepers scheme that is recognised by the National Police Chiefs' Council and The UK Ministry of Justice on behalf of all United Kingdom police services. Official bodies, including the police, are supposed to know a press card holder is a bona fide member of the media, with a legitimate right to be present and report the news.
When I was approaching the incident, I observed a line of 4 police land rovers parked on Ardmore Road and a police car that was blocking the entrance to Stoneburn Place, a small backroad.
I walked up to the police car on Stoneburn Place to speak to the officers. The officers got out of their car as they saw me approaching. I told the officers my name, explained why I was there and showed them my UK press card. I also asked where the cordon was so I could establish important information such as where I could and couldn’t go because there was no visible police tape and I didn’t want to breach the cordon, be intrusive or get in the way of their work.
The officers immediately started questioning me as if I was a criminal. They asked for all my personal information. I told the officers I would rather keep my private information private and that I wasn’t going to provide extended information about myself because I couldn’t see a reasonable basis for requiring all that information.
I want to emphasise the point again that I already told them my full name and showed them my UK Press Card on the very first instance of the interaction.
After I explained this to the officers, without any hesitation, the officers detained me under Section 21 of the Justice and Security (Northern Ireland) Act 2007. This section is stop-and-question legislation which allows the police to detain any person for as long as necessary to ascertain a person’s identity and movements. Unlike other stop-and-question legislation, this one only applies in Northern Ireland and allows the officers to conduct the stop without any sort of reasonable suspicion that a crime may have been committed. This is because the powers are authorised by Northern Ireland’s secretary of state and the Assistant Chief Constable for certain geographical areas.
I was appalled that these officers disregarded everything I had told them, escalated the situation and started using legislation without any basis to force me to divulge all of my personal information.
I said to the officers that I didn’t understand why he would need to stop and question me under this legislation and he said “because we did it with the exact same fella who was taking pictures of outside the station, we just had a chat with him and said look, we’re just asking who you are”. I then told him my name once again and pointed to my press card then shockingly the officers said that press cards could have been bought and forged.
“Just a chat” - this wasn’t just a chat, this was an interrogation.
I’m a photographer, not a criminal!
“Because we did it with the exact same fella who was taking pictures of outside the station”
I could never find the identity of the other photographer who was also questioned by these officers but I am glad I am now able to be a voice for them.
The most interesting thing about his sentence is that it sounds like it was all a deliberate act as if he was only stopping and questioning me because I was a photographer which made me feel targeted, profiled and categorised. I’m not sure if this was the officer’s genuine intention but it all sure sounds like it’s true.
The story continues…
After the officer said that he’s stopping and questioning me, I start to dig further and challenge him on his reasoning for using this power.
The officer then sends me around in circles using an illogical and unfounded approach by plainly and unquestionably using the justice and security legislation in a way that is very wrong.
Before I explain how the officer was using the legislation wrong, I need want to state very clearly what this legislation allows him to do.
The “Code of Practice for the Exercise of Powers in the Justice and Security (Northern Ireland) Act 2007” says in section 6.1 that:
Section 21(1) of the 2007 Act allows a constable to stop and question a person for as long as is necessary to ascertain that person’s identity and movements.
However, when trying to challenge the officer, he states:
1) “I am not questioning you, I am putting the requirement to you”
The officer said that he is not questioning me, despite the fact that he is using legislation that states that I am being questioned.
2) Are you detaining me? “No, I haven’t detained you, I haven’t said you’ve been detained”
The officer said I was not detained. When I said I would exercise my right to silence, he cautions me for obstruction.
3) “I’ve not stopped you, are you stopped? if you want to crack on fella, you can crack on. I’m not stopping you, I’m having a conversation with you”
The officer said that he is not stopping me, despite the fact that he is using legislation that states that I am being stopped - he even said I could “crack on”!
Thankfully I asked “so what happens if I do go” and then I was then threatened to be maliciously reported to the Public Prosecution Service Northern Ireland (PPS) if I left.
I wonder why he didn’t tell me this, why did I have to ask him? It’s as if he was trying to report me to the PPS.
So in conclusion of this, I was being detained, stopped and questioned under this legislation but I wasn’t at the same time? How does any of this make sense?
If this isn’t absurd, I’m not sure what is.
Eventually, I did hand over all my private information to prevent them from reporting me to the PPS. I handed over my information under duress which I made very clear to the officers.
They made a mountain out of a molehill, that’s for sure!
Here are some facts
1) UK Press Cards can not be bought online or forged. It’s impossible.
Some people will say any card can be forged and it’s not impossible. I don’t disagree with the fact almost any card can be visually replicated… However, the press card has the following:
Each UK Press card has a unique serial number. Each cardholder has a personal identification number or word. By using the hotline, police officers can verify that the card is genuine and that the holder is a bona fide newsgatherer by stating the serial number and the personal identification number that the cardholder provides to the police officer.
The card also has several secret security features in addition to the verification hotline. There are only revealed to the police or similar authorities. The card is produced using similar technology to the driving licence, with the photograph and design integrated into the structure of the card.
No card is issued unless the applicant is known to the issuing Gatekeeper organisation or their representative, such as an agency principal or managing editor etc. The applicant has to show official proof of identity and proof of place of residence before the application can be submitted.
The UK Press Card has a number of anti-forgery features.
2) Clear breach of human rights.
The “Code of Practice for the Exercise of Powers in the Justice and Security (Northern Ireland) Act 2007” says in section 5.5 that:
“The powers must be exercised in accordance with the obligations of public authorities under the Human Rights Act 1998. The PSNI must respect individual rights when using powers under the 2007 Act, including the right to liberty, and the right to family and private life. It is imperative that the powers are exercised in a way which ensures the least possible interference with individual rights, where those rights may lawfully be interfered with in prescribed circumstances. “
Article 8 of the Human Rights Act 1998 protects your right to private life. The right to privacy is an essential aspect of human dignity and autonomy. It allows individuals to control their personal information and make decisions about how that information is shared. It also protects individuals from unreasonable intrusions into their personal lives by governments or other entities, especially when police are using legislation in a manner which is wrong to obtain your private information.
3) No basis for use of section 21 of Justice and Security Legislation.
The “Code of Practice for the Exercise of Powers in the Justice and Security (Northern Ireland) Act 2007” says in section 6.3 that:
“Stop and question should generally only be used where there is a basis for doing so: it should not be used on a purely random basis. For example, stop and question may be required to help identify suspected offenders within a particular geographic location”
The fact I presented my name, why I was there and my press card on the first instance should have put the officer’s mind at ease that I was not a “suspected offender”.
4) Media Freedom was threatened and I was restricted from doing my job for nearly 15 minutes.
Media freedom is essential for a healthy democracy in the United Kingdom and Ireland. My work plays an important role in relaying accurate information and quality journalism to members of the public - without media freedom, members of the public would be denied access to this information.
5) Taking pictures is perfectly legal.
The Association of Chief Police Officers, now called The National Police Chiefs Council, issued a memo to every police service in the UK in 2010 that states:
There are no powers prohibiting the taking of photographs, film or digital images in a public place. Therefore members of the public and press should not be prevented from doing so.
We need to cooperate with the media and amateur photographers. They play a vital role as their images help us identify criminals.
We must acknowledge that citizen journalism is a feature of modern life and police officers are now photographed and filmed more than ever.
Unnecessarily restricting photography, whether for the casual tourist or professional is unacceptable and it undermines public confidence in the police service.
Once an image has been recorded the police have no power to delete it without a court order; this does not however restrict an officer’s power to seize items where they believe they contain evidence of criminal activity.
What would have been the right approach?
On this occasion, the officers certainly jumped the gun and went to an extent of which was wrong. The perplexing thing about all of this is my private information only allows them to run a criminal record check on me - it doesn't actually confirm my journalistic status or if my press card was “bought online or forged” so they achieved nothing from this.
I attend many incidents and a majority of officers I have ever interacted with have been more than helpful. In fact, most of them don’t even question who you are.
In the circumstances that an officer does speak to you, it’s usually something along the lines of “please make sure you blur out our faces” which all journalists do anyway.
The right approach for police is:
1) Be nice.
2) Don’t ask for the private information you don’t require.
3) If you’re curious about what our name is, who we work for or where our work will be published - just ask! If you’re nice to us, we’re nice to you.
4) If you feel like you need to identify us further you can ring the police press office, ring the UK Verification hotline, acknowledge our press cards or just simply google us. There are plenty of options besides using methods of force and threats.
Expressing my concern publicly
After this incident, I immediately got to work and started writing about my experience with this incident.
I normally wouldn’t go public with matters like this; but on this occasion, it was extremely important to do so.
After hearing about the wrongful arrests of three journalists in England by Hertfordshire police 2 weeks prior to my incident (Rich Felgate, Tom Bowles and Charlotte Lynch) whilst they covering the Just Stop Oil protests, I thought it was particularly important to tell my story to show that it’s not just a small problem that can be disregarded, it’s a much wider issue where the rights of journalists are not being protected. Read the story here.
Not only this but holding our public bodies accountable for their actions, defending the freedom of the press and raising awareness was also major factors in why I decided to go public with everything.
I tweeted about this incident hours after it happened on a Twitter thread, found here. My tweet got 175,000 impressions (The number of times my tweet was seen on Twitter) and 7,000 engagements (The total number of times a user has interacted with a Tweet).
I was blown away by the positive response and support that people were commenting and sending me.
BBC Radio Foyle contacts me to cover the story
On the 22nd of November 2022, the morning after I made my tweet public, I got a message from Teresa Craig, BBC Journalist. Teresa expressed interest in covering my story for BBC Radio Foyle.
That same day, I did a telephone interview and provided further details about the experience I endured.
The next morning on the 23rd of November 2022 it was broadcasted on The Breakfast Show.
Aodhán Roberts radio interview
The National Union of Journalists (NUJ) stands in solidarity
Following my point, the National Union of Journalists General Secretary Séamus Dooley comments on the matter.
Séamus Dooley radio interview
Taking the fight to the Police Service of Northern Ireland
23rd of November 2022
The same day the BBC Radio Foyle interview was broadcasted, a senior officer from the Police Service of Northern Ireland contacted me via telephone after hearing about the incident I went through. The officer who called me was Superintendant Clive Beatty who is the District Commander for Derry City and Strabane.
Superintendent Beatty and I spoke over the phone for 15 minutes about the situation. I provided all the details. He said he was disappointed in the outcome of this situation and ensured me that the matter would be looked into.
I am happy we were able to have this discussion in a civil, professional and mature manner to try and work together to make positive relations towards the next step.
30th of November 2022
I get another phone call from Superintendent Beatty. He said that he was able to track down and secure the body-worn video from the incident and that he has reviewed it.
He said that there are a few questions that he needed answering as a consequence of reviewing the footage but he explained that the officer involved is on annual leave until the 5th of December 2022 but ensured that when he comes back that he would, along with the officer’s Inspector will have a conversation to pose the questions that needed answering and post that he will provide more updates to me.
I said I was happy enough with the response so far and I was glad he was taking these steps.
I asked him on the phone, “so reviewing the bodycam footage yourself, what do you think?” he responded that he “wouldn’t commit to saying anything yet because he couldn’t get inside the head of the officer until speaking to him, but my general consense is that he resorted to powers he didn’t need to, and he didn’t understand what an NUJ card is and what the process was for actually trying to establish your identity in a more diplomatic way instead of resorting to those powers.”
12th of December 2022
My final phone call with Superintendent Beatty was on this date and he said that he spoke to the officer involved.
We set up a meeting for the 14th of December 2022
Meeting Superintendent Clive Beatty
On the 14th of December 2022, I met with Superintendent Beatty deep inside Strand Road Police Station to discuss what I have been through and what he was going to do to change it.
The officer acknowledges he went beyond where he needed to go
The Superintendent said that "When I watched the bodyworn video, that was the one question that I wanted to get his perspective on why... Because he didn't need to resort to the power - actually resorting to the power didn't achieve anything anyway.
"The reassuring thing for me out of this is what he did he did it well, too well, but he didn't need to resort to it.
"Most importantly, having now spoken to him, he recognises he went resorted to a power he didn't need to do and he should have dealt with it differently."
The superintendent said the officer didn't make any excuses, he just came into his office and said "I'm sorry, that's not how I would have wanted the situation to end up and when I watched the bodyworn video, I said to myself, that's not normally you why are you resorting to this power."
The officer has never seen a press card before
The officer said that it wasn't anything I did to him personally but how he reacted to the scenario of recent attacks on police.
The Superintendent said "when he was presented with you, who produced a press card, he said he saw one before and had no idea how to react to it.
"His lack of knowledge and understanding of that put him into a panic mode where he felt he needed to be really professional to deal with this and for him, that professional bit was resorting to power that he didn't need to use, and that's the outcome of that whole scenario."
The Superintendent admits there is a lack of knowledge about the whole police station on press cards
This is the most concerning part above all for me.
The Superintendent told me that "Having done a bit of digging around the station, asking people do they know what an NUJ Press card looks like or what it means, there's actually a lack of knowledge around it"
The Superintendent admitted, "that although he was aware, he has never seen an NUJ Press card himself.”
"He also added that “in the station, there are posters with likely badges to be presented to police, such as ex-police officer, contractor and army cards but no such press card visibly exists anywhere"
However, the Superintendent explained that he wanted to use my experience and my voice to help change that for a learning experience for everyone. He said he would ensure every police officer in the district will be reminded and/or taught about press cards going forward.
The Officer learns alternative methods of identifying press
The Superintendent also spoke to one of the police press officers, specifically, the Senior Area Communications Officer for the Derry City & Strabane District.
The police press officer said that "if the officer just stepped back and said right, let's not go down using the power route, he could've just phoned the press office and said have you heard of this person and they would have told them who I was"
The Superintendent added that if he "stepped back and just searched me up on Google he would've found out who I was."
The officer said he wish he would have known that those options were available when he met me first because it would have completely changed that interaction.
The Superintendent says that he learnt a valuable lesson.
I asked a number of questions…
I was happy enough so far with the conversation, however, I didn’t necessarily agree with all the points that were made and I still had questions I needed clarity on.
1) Was the officer targeting photographers?
My main question was when the officer was speaking to me on the scene of the incident why did he mention other photographers when talking to me? Why does he keep talking about photography? I expressed once again that it made me feel targeted, profiled and categorised.
The Superintendent says that “We did have a conversation around cameras, actually, and what he said to me was this…
“Flipping into this almost overly professional world, using powers, he felt like he was trying to protect the identity of officers by not allowing you to photograph them whereas he should've just turned around and said Aodhán, you know the craic, please don’t get police officers faces and if you do, please blur them out - that would have been the right way to deal with it, but he didn't, he just went down that tunnel and couldn't get out of it.
“He messed up on his whole style.”
This confirmed to me that the officer was only using legislation on me because I had a camera and nothing else. He was trying to prevent me from taking pictures and restricted me. Because he knew I could lawfully do it, he bent some other legislation to pressure me into leaving - obviously, it didn’t work.
2) A concern in the way he was using the justice and security legislation
A concern I had about the justice and security act was about the way he was using it. He was using a stop and question section of this legislation but he kept telling me I wasn't stopped and I wasn't being questioned, even know I literally was.
The Superintendent said “He was wrong and having watched the body-worn video, I think he was like a rabbit in the headlights at that point. I think whilst he was able to quote me chapter and verse of the legislation, he didn't apply it.
“If he was going to be so professional he should have got it spot on, but he didn't because he said you weren't being stopped or ‘detained’ technically but that's what the legislation allows you to do.
“At that point, I think he was struggling to keep up and keep everything going when he didn't know what to do. He went down a hole he didn't need to go.”
3) Would I have been reported to the Public Prosecution Service?
After the officer said I wasn’t being stopped (even though I was) I asked him, "so what happens if I do go?" and then I was threatened to be reported to the Public Prosecution Service.
My concern is if I did leave, would I have been maliciously reported to the Public Prosecution Service? The fact he didn't tell me, I had to ask for it was a concern.
I felt like I was sent around in circles with that legislation and I made it very clear to the Superintendent.
The Superintendent responds “Would you have been reported to the Public Prosecution Service? I doubt it to be honest. I probably guarantee it would never get through the supervisor for a start based on what I had seen.”
He then adds his own opinion on the matter “I didn't ask him this to be honest, I think at that point, he was panicking and potentially using the legislation slightly wrongly to just get all of your details and nothing else.”
Lesson Learnt by the Police Service of Northern Ireland
The National Union of Journalists Irish Office has contacted the police about putting in place steps to ensure that press cards are widely recognised island-wide. The Police Service of Northern Ireland has responded positively to these suggestions and as a result, guidance was issued to every police officer alongside posters in every police station to visually show officers what press cards look like.
The poster was placed in every police station in Northern Ireland following this situation.
Thank you to everybody who has supported me on this. Although I had to endure this terrible situation, I know I have made a really strong impact.
The legislation does not need to be forced on anybody - it’s all about fostering good working relationships, knowing the right approach and what procedures to follow.
It is important that the procedures already in place to identify professional journalists and media working in the field are not left behind and forgotten about.
I am glad I could be a voice for many and most importantly, use my encounter to hold the Police accountable for their actions and help expose the lack of knowledge surrounding the recognition of press cards.
