A few days ago I missed the news that the police will be taking no action in respect of the Nan Goldin photo taken from the Baltic in Gateshead.
How amazing!
I did suggest this was a waste of time and taxpayers’ money. I hope someone sues the police so that at long last they learn the lesson, and stop pestering artists.
Who sues whom? Plod was invited in by the curators of the Baltic show, to ‘take a view’ on the decency of the image, after all.
I suppose Elton John might, but does he sue? Plod or the Baltic curators, who behaved disgracefully by any professional measure (and in the absence of any other reason, it might be thought they were after publicity in a way which then backfired – merely a hypothesis, not an allegation).
Taking a view’s one thing, though, isn’t it; taking the thing away is another. I think Elton John could take action under s7(1)(a) of the HRA, based on his right to protection of property. Or, better, Nan Goldin could take action based on her right to free expression. What the police did was clearly disproportionate – they could have submitted a file to the CPS based on photos (of the photo). There was no need to seize the work itself.