As you all no doubt aware by now, I am a B&W film photographer and I have been for more than 50 years. My area of chosen interest, is predominantly architecture and street photography. So I am no stranger to the objections of photography by building owners, when photographing buildings of architectural significance or those of public interest.
Many of these building owners; some even in the public domain, found it necessary to resort to abuse and the threat of physical violence on my person, whilst engaged in my activities. I can truthfully say, I always found this behaviour extremely amusing.
For the most part, I would assume that the majority of British citizens would know what an industrial audit is and its role in the business arena. With the huge increase over the last decade in the popularity of social media and personal promotion on YouTube, a phenomenon know as Public audits have gained an enormous popularity within the social media generation.
Public audits, carried out by individuals known as citizen journalists, are becoming extremely common. This type of content, is when a creator visits a recreational, commercial or industrial organisation. The intention is, highlighting operations that either do or do not conform, to both health & safety and the organisation’s standard operational policies.
Public production of this content is totally legal, provided the photographer / videographer is standing on public land or, as stated in S33 Criminal Justice Act 1972, private land that is publicly accessible. U.K. GDPR does not apply, as this activity benefits from both the Artistic and Journalism exemptions.
As I am sure you can all appreciate, most business owners would not want this type of exposure. Furthermore, most would certainly not want the public recoding wrongdoing, in both procedural conduct and violations of health and safety or Environmental policy. However, these businesses have absolutely no power to prevent this totally lawful activity. Therefore, you would make the assumption, that it is in the best interests of both the organisation and its representatives, to conduct themselves in a respectful and professional manner. Especially, when dealing with members of the public.
However, my research into this article, has highlighted in the vast majority of cases quite the opposite. The organisational ignorance of law in the U.K. from its senior management is astounding. Many of the claims made by these individuals when encountering public auditors, are nothing less than outrageous. Many state “what you are doing is illegal”, then when asked what laws are being broken, cannot respond because they don’t know. Moreover, the vast majority, have no concept of the difference between criminal and civil law.
The total ignorance of the law, becomes apparent, when organisational representatives threaten the content creator with the police, for standing on what they believe is their land. This is not a criminal offence, it is commonly known as trespass, a civil matter in which the police have no jurisdiction. Furthermore it’s not even trespass, when an individual is standing on publicly accessible land as previously mentioned.
Let’s next address the self entitled, those in our society that believe they are always in the right. These individuals are the most amusing of all. Every word that come out of their mouth is laughable. Their concept of U.K. law is, well actually less than zero. Which makes them look like clowns.
I encountered, outrageous statements, foul language; which in a public place, is a S5 public order offence. Moreover, idiotic arguments in support of their beliefs. I must emphasise the word beliefs here, as they have no basis in law. Additionally, going to the extremes of abuse, bullying, harassment and ridicule. Oh and not to forget defamatory statements to the mentally ill. Please look out for my article on JV/MX Foods, this is a perfect case in point of entitled individuals.
Additionally, my research highlighted a number of incidents, where business owners and their representatives, have committed a S39 common assault. Furthermore, in two extreme cases, one was elevated to battery and the other actual bodily harm AKA ABH. It’s a clear cut case of legal ignorance, which strangely enough there is no defence for. The result, well they just make morons of themselves and their organisations.
On a positive note, there are many organisations in the U.K. that whilst initially suspicious, embrace the situation that has been thrust upon them. The organisational representatives, take the opportunity to promote their business, by giving detailed explanations of the type of business they conduct and how they best serve their customers. Many of the Auditors I viewed have had excellent experiences like this. However, PJ Audits who I mentioned below, has been well received and has even been invited on a tour and commentary, around a number of businesses. However this situation is not common.
So in conclusion, if these organisations have so little integrity and respect for an individual with a camera, one would have to question their attitude in representing the best interests of their customers. I personally have no sympathy, for people who behave in such a manner in a modern British society. There is no excuse for ignorance in the internet generation, it was a different matter when I was a young man, it involved a lot of reading in reference libraries.
Directors and senior management have a duty of care and should be well versed in legislation surrounding these activities. In addition, I have some advice for these individuals ignorant of U.K. law. If you don’t know what your talking about don’t bluff, just keep your mouth shut, otherwise you just make yourself look a fool.
If any of my readers are interested in this type of content, my personal recommendation is three YouTubers: PJ Audits, DJ Audits and Pure Audits. PJ is a few years older than me and also an ex serviceman, so I instantly related to him. We also have many of the same views and beliefs, probably a generational thing. DJ is extremely cheeky and engaging, but tremendously enjoyable to view. Finally PA has an extremely unique style in his presentation, he is undeniably amusing with his delivery, but definitely attracts the most negative attention from his subjects.
-Gianni