"Overzealous" cops could stop press photographers from taking pictures in public under new laws due to come into force later this month.

The Counter Terrorism Act 2008, which updates and amends the Terrorism Act 2000, contains rules targeting gathering information on police officers and members of the armed forces.

Section 76 of the new Act states: "A person commits an offence who elicits or attempts to elicit information about an individual who is or has been a member of Her Majesty's forces, a member of any of the intelligence services or a constable which is of a kind likely to be useful to a person committing or preparing an act of terrorism."

The Act goes on to say it would be a defence for a person to prove that "they had a reasonable excuse for their action" with convictions carrying a fine, imprisonment or both as punishments.

The new Act is expected to strengthen existing powers under the Terrorism Act 2000 for police to stop and search photographers and prevent them from taking pictures in public.

Olivier Laurent, news editor at the British Journal of Photography, said: "It means anyone that takes images or notes anything about police officers, armed services personnel and Her Majesty's servants.

"Anything that would be able to be used by terrorists planning an attack.

"Officers could be over zealous and stop photographers, especially in places such as a press photographer covering protests and it looks as if a police officer is doing something that he does not want to be seen, he could invoke that act.

"The fact they will be able to detain that person is of great concern for photographers. A lot of them wouldn't know their rights."

In answer to the question whether it gave the green light to officers to arrest photographers for taking pictures of police or military personnel, a Home Office spokesperson said: "It's down to police forces to interpret whether a crime or offence takes place but that's not what Section 76 says."

The new Act was given royal ascent in November and is due to come into force on 16 February.

In recent months, several incidences of photographers being stopped and questioned while taking pictures in public places have come to light.

Leslie Cheyne, from County Durham, said an officer from Cleveland Police stopped him while he was indulging his passion for photographing ships in Redcar.

Mr Cheyne told The Northern Echo the officer asked him if he had any terrorism connections and told him his personal details would be kept on file even though he was not committing a crime.

He said when he phoned the police to complain he was told: "For all we know you could be bin Laden's brother."

A Cleveland Police spokesperson said: "If seen in suspicious circumstances, members of the public may well be approached by police officers and asked about their activities."

Last month it was reported that Andrew Pelling, MP for Croydon Central, was searched by two police officers despite showing his Commons pass after taking photos of a cycle path in his constituency.

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