ITN, Sky, BBC, NUJ & Hardcash Productions win judicial review of Dale Farm production order
ITN, the BBC, Sky, Hardcash Productions and the NUJ, are celebrating this morning after winning a judicial review at the Court of Appeal to overturn a decision by Chelmsford Crown Court to grant a wide-ranging production order to hand over unbroadcast footage from the Dale Farm evictions to Essex Police.
The judgment was handed down by Mr Justice Eady and Lord Justice Moses at Royal Courts of Justice and has been welcomed by broadcasters, journalists and production companies alike.
In response to the ruling, John Hardie, CEO of ITN, said: “This landmark decision is a legal recognition of the separate roles of the police and independent news organisations. We fought this case on a matter of principle - to ensure that journalists and cameramen are not seen as agents of the state and to protect the safety of our staff.
“The requests from Essex Police didn’t relate to specific incidents of serious criminality and amounted to no more than a ‘fishing expedition’ to see what footage ITN and other news organisations held on the Dale Farm evictions. We hope that this decision will lead to fewer requests from police for unbroadcast footage of demonstrations and public disorder and rein in what has become an increasingly worrying trend.”
Fran Unsworth, the BBC's Head of newsgathering said: "This is a significant ruling which reinforces the independence of news organisations from the police. We fought this case because the order
amounted to little more than a fishing expedition. Journalists must maintain their independence, must not be seen as evidence gatherers and must not have their safety compromised.
"The guidance makes it clear that applications for un-broadcast material must be supported by proper evidence, must be focused and proportionate and the court has acknowledged that the over-use of production orders may make it harder for the press to do its job. This will benefit both news organisations and our audiences."