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Re: Lawful Behaviour Can Make You Liable To Arrest - Very Important For Radio Amateurs

Von: Spike (aero.spike@s&t.invalid) [Profil]
Datum: 30.10.2009 14:34
Message-ID: <2gqle551jo7es2tmv0cacj6gd5nh3m9f48@4ax.com>
Newsgroup: uk.radio.amateur
lucifer@eternal-flames.gov wrote:

>On Fri, 30 Oct 2009 08:43:14 +0000, Ian Jackson
><ianREMOVETHISjackson@g3ohx.demon.co.uk> wrote:
>
>>I presume you've been following the thread in uk.legal about the guy
>>photographing the water skiers.
>
>I've just looked at that thread and the circumstances are not as
>straightforward as in Spike's original posting.

Seems clear enough...

>Was person B, in fact the landowner or agent of the landowner?

"Garry had stopped in a lay-by after seeing a picture opportunity at
Glyn Neath Lakes - a watersports centre adjacent to the A465 in South
Wales."

He said he had been taking photos from a public area for 'ten minutes'
when a man claiming to be the lake's landowner approached.

Person B was the landowner of the lakes, not the lay-by.

>A landowner can legally ask you to stop doing anything, whilst you are
>on his land. That includes taking a camera, or any other item onto his
>land and/or using same whilst on his land.
>
>If person B was not the landowner, but just an average MoP, was he
>asking person A to stop doing something which a clearly displayed sign
>or notice, already required people not to do.  In which case person A
>is in the wrong.

There are few notices restricting photography in or from a public
place, and no mention of them here.

Even the police couldn't find anything wrong with the act of
photography; the bludgeon used to stop it was the 'inflammatory act'
of a so-called Public Order offence. I wished to draw to the attention
of Radio Amateurs, who - let's face it - are a strange-looking bunch
doing even stranger things in public, just ripe for a POA offence.

--
from
Aero Spike
Not a member of the RSGB for 50 years 1959 - 2009

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