NUJ announce that it will support David Miranda in application for a judicial review
The NUJ has today announced that it has joined journalist and media organisations in an application for a judicial review on the case of David Miranda, the partner of Glenn Greenwald, the Guardian journalist reporting on the mass surveillance programmes by the United States National Security Agency.
Miranda was detained by the Metropolitan police for nine hours as he passed through Heathrow Airport; with his laptop computer, mobile phone, memory sticks and other electronic equipment seized by the police.
Michelle Stanistreet, NUJ general secretary, said: “This case if not challenged would have a chilling effect on journalists, or their associates or assistants, deterring them from travelling abroad to obtain or provide information as they would fear that any journalistic material such as notebooks and laptops would be seized by the authorities on exiting, returning to, or even passing through, the UK at a port or airport, even when on leave, let alone on work-related travel.
"The public would be more likely to be deprived of knowledge of matters of public interest and concern as a result. The NUJ takes the issue of protection of journalistic sources and materials extremely seriously. It is a major element of the NUJ’s code of conduct. The union recognises that the state has a duty to protect its citizens, and others within the UK. However, draconian state powers must only be used responsibly and in strict compliance with UK and European law."
Roy Mincoff, NUJ legal officer, added: "The NUJ is concerned that the use of Schedule 7 of the Terrorism Act 2000 is not compatible with Article10 of the European Convention on Human Rights. It does not appear disputed that Mr Miranda’s electronic equipment was seized by the authorities prior to a review by a judge or other independent and impartial decision-making body.
"This sets a dangerous precedent. It is quite likely that other countries (with less human rights protections and a greater tendency to persecute journalists) will follow the UK’s lead and enact provisions similar to Schedule 7."
However, advocate and human rights specialist Niall McCluskey has told The Drum that while immoral, the detention was perfectly legal.