Autumn 2018 Thejservingournal Professional Journalism Since 1912 Mass Surveillance ‘Unlawful’, Human Rights Court Rules

Magazine of the Chartered Institute of Journalists Autumn 2018 TheJServingournal professional journalism since 1912 Mass surveillance ‘unlawful’, Human Rights Court rules he European Court of Human Rights has ruled that the UK Government’s Tmass surveillance programmes are unlawful and have damaged the freedom of the press. This is a ground-breaking ruling. The ECHR Judges found, by five votes to two, that the UK’s mass interception regime revealed by NSA whistleblower Edward Snowden in 2013 violated the Article 8 right to privacy under the European Convention on Human Rights. This is because the necessary confidentiality of journalistic information and communications were not being properly protected. The bulk surveillance was “effectively indiscriminate, without basic safeguards and oversight” and it did not have sufficient legal basis under the Regulation of Investigatory Powers Act European Court of Human Rights, Strasbourg (RIPA) 2000. The court also ruled there had been a this vista of state surveillance has had Kingdom are being repeatedly breached breach of Article 10, the right to freedom of a chilling effect on whistleblowers who and violated on a massive scale. expression, due to the “potential chilling want to expose wrongdoing. effect that any perceived interference In April this year the English High Court Declaration of media freedom with the confidentiality of journalists’ ruled against the government in a judicial In 2012, the Institute’s AGM called on communications and, in particular, their review of new versions of the Investigatory the government to urgently legislate for sources might have on the freedom of the Powers Act legislated for in 2015 and 2016. a declaration of media freedom. Six years press.” There were insufficient safeguards The judges said the legislation allowed the later it is clear that in addition to such a in respect of confidential journalistic state access to people’s phone and internet declaration, the role of journalism needs material. data without any proper suspicion of much greater constitutional protection. The case was brought by a number serious criminal offending. This was It is not enough to say in Section 12 of of parties, including the Bureau of judged to be a breach of European Union the Human Rights Act that freedom of Investigative Journalism, campaign law and the government was given six expression should be given a “particular groups Big Brother Watch and English months to reform the 2016 Investigatory regard” when courts decide the balancing PEN, and human rights groups including Powers Act to provide the necessary exercise with other rights such as privacy. Amnesty International. safeguards. Journalism and freedom of expression, In January 2016, the Court of Appeal Civil both in conduct and in publication, Cornerstone of democracy Division ruled that the Terrorism Act used require something much stronger; The Strasbourg ruling demonstrates to detain David Miranda, the Guardian’s something akin to the First Amendment that the British state has failed to provide courier for Edward Snowden, and seize to the Constitution of the United States of constitutional protection to the freedom data he was carrying at Heathrow Airport America, where professional journalistic of the press as a vital cornerstone of was “incompatible with article 10 of the freedom of expression in the public democracy. British law has failed to Convention in relation to journalistic interest is accorded pragmatic and just protect journalists’ sources from exposure material in that it is not subject to adequate priority. by state surveillance, and the bugging of safeguards against its arbitrary exercise.” electronic communications. These three rulings show that journalists’ See pages 6 and 7 for Professor Tim The court has also fully recognized that rights and freedoms in the United Crook’s analysis of this judgement Andy Smith Editor Editor’s Comment e are now well and truly in the every organisation, to some extent, and the conference season – and not Institute of Journalists back in the 1980s Wjust the TUC and the political was no exception. parties but also the annual gathering of Of course, in those days the established our own Chartered Institute of Journalists career path in the journalistic profession and IOJ(TU). Yes, the Institute’s AGM is was fairly clear. For most it began with almost upon us, and, despite our Head a stint on a local newspaper, an NCTJ Office in Surrey Quays having closed proficiency certificate, and on into a large- earlier this year, we are returning to our circulation regional weekly or daily, or a old home in Docklands for, perhaps, one glossy magazine – and then, eventually, last time. The venue chosen for our 2018 a national daily or Sunday paper. In Assistant Editor: Stuart Millson conference is the Canada Water Library, broadcasting it was even more cut and conveniently located above the Jubilee Line dried as the BBC was then, as to a great Production Editor: Dominic Cooper underground station and just two minutes’ extent it still is, the dominant organisation walk from our old HQ, Dock Offices. in the UK broadcast media, and the BBC’s My first Institute conference was graduate entry programme has been the Liverpool, 1987. In those days there were favoured route into the industry for many In this issue: debates about many contentious topics, but thousands of journalists over the years. none generated more heat (and less light!) Now, though, we also have a plethora of Belmarsh whistleblower case 3-4 than the seemingly routine arguments different training and work opportunities Basic English 5 between full-time employed staff of media for those seeking a journalistic career, and organisations – at that time the majority of the nature of the profession has changed End of the Snoopers’ Charter? 6-7 Institute members – and self-employed, almost beyond recognition since that Copyright - What’s going on? 8 freelance journalists. Nowadays most Liverpool conference in the mid-’80s. It CIoJ members, and indeed the great is hard to see why “proper journalists” in Sir Cliff Richard v BBC 9-12 majority of journalists generally, are 2018 would have the nerve to sneer at those Farewell, This England 13-14 self-employed, but it was the reverse in who write for online media or broadcast those days. Some staffers at the Liverpool only on the web – although I’m sure some Cairncross Review 15-16 conference had an unfairly scathing do! Similarly, those “hobbyists” – part- ‘An appalling talent’ 17 opinion of freelances, to which they gave time and self-employed writers whose vent on the conference floor. A particular work appears in specialist publications for CIoJ Annual General Meeting 18 target were the “hobbyists”. This was anglers or stamp-collectors, or who have Annual report & accounts 19-24 used as a pejorative term for journalists on a regular gardening slot on local radio – “special interest” publications. So, if you would surely not need to justify themselves were working for, say, Pigeon-Fancier’s to staff reporters on the Daily Mirror or the Gazette or Knitting Pattern Monthly, you Yorkshire Evening Post. The views contained in The Journal are those of the were likely to face a certain amount of In fact, journalism is, and always has Editor and contributors and do not necessarily reflect the disdain from some of the other conference been, an incredibly diverse profession and, views or policy of the Chartered Institute of Journalists. delegates! Officially, of course, the Institute in consequence, the Chartered Institute All rights reserved. © CIoJ 2018 maintained no distinction between an of Journalists is an exceptionally “broad economics correspondent working for the church”. If you don’t believe me, come Financial Times and the traction-engine along to our annual conference at Canada correspondent of Vintage Vehicles Weekly, Water and find out! TheJournal but professional snobbery creeps into Andy Smith Dear Editor, LETTER TO THE EDITOR ISSN 1361-7656 I would like to thank the Chartered Institute of Journalists for its unswerving support for me during a recent time of work-related and financial crisis. I cannot News or views intended for publication recommend the Institute’s services highly enough. should be sent to: The Chief Executive single-handedly ran a detailed and difficult case against a party, The Chartered Institute of Journalists which I believed had treated me unfairly and unjustly. As a result of bringing my 2 Dock Offices, Surrey Quays Road, problems to the attention of the Institute, and receiving such valuable guidance and London SE16 2XU support, I felt that I was being supported, and this made the impasse more bearable. E-mail: [email protected] Often, it is the support which matters, rather than the outcome, and fellow members Tel: +44 (0)20 7252 1187 should not hesitate to apply to the Institute if they are seeking redress, or simply advice. The latter is second to none, and would cost a vast amount if one contacted a solicitor. Web: www.cioj.org J.B. Twitter: @CIoJournalist Facebook: https://www.facebook.com/ pages/Chartered-Institute-of- Officers of the Institute: Journalists/108017897514 Your Council members are: Janice Shillum Bhend, President Norman Bartlett, Ken Brookes, Vivienne LinkedIn: http://www.linkedin.com/ DuBourdieu, Michael Evans, Andy Smith groups/Chartered-Institute- Michael Hardware, Honorary Treasurer Journalists-63500 Tim Crook, Vice-President Your PPB members are: Mark Croucher, Immediate Past President Tim Crook,

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