09 Oct 18 | Counter Terrorism, News and features
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Belfast-based Irish News security correspondent Allison Morris told Index on Censorship her concerns about the Counter-Terrorism and Border Security Bill in its current form.
The bill would have significant implications for journalism and media freedom. Lack of clarity and definition in many of its clauses would add to the difficulties that the bill would create for journalists. Journalists in Northern Ireland would face particularly acute problems.
“The bill proposes making it an offence to express and opinion or belief that is in support of a proscribed organisation,” Morris said. There are currently 14 proscribed organisations in Northern Ireland.
Morris has reported on dozens of statements from paramilitary groups for acts they have committed — from bombings and shootings to murder. “While I’m always aware that these claims can be used for propaganda purposes the public interest in knowing who was responsible for such acts of terror I believe outweighs that.”
She says knowing who is responsible is crucial to getting authorities to carry out an “adequate” investigation. The Counter-Terrorism bill’s opaque terminology means that “without clarity any journalist carrying a statement from a proscribed group could technically be breaking the law,” Morris said.
Morris says this has possible implications for reporting and documenting the history of Northern Ireland’s conflict, and wonders would it mean never to speak to or interview an ex-prisoner or former participant in the conflict.
“The bill also proposes making it illegal to publish an image which would arouse reasonable suspicion that the offender was a member or supporter of a proscribed organisation – in local terms this means covering parades, funerals or statements of intent could lead to the arrest of journalists and photographers,” she said.
Morris said that at a time when investigative journalism is under attack globally “such Draconian laws could impact the ability of security journalists to properly – and without fear of arrest – pursue stories connected to terror groups.”
“That seems a very dangerous tactic and one that should be resisted by anyone in favour of a free and independent press.”
Index is calling on the House of Lords to stop the bill being enacted in its current form.[/vc_column_text][vc_basic_grid post_type=”post” max_items=”8″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1539017012819-9c1318f9-7fa2-6″ taxonomies=”27743, 26927″][/vc_column][/vc_row]
28 Sep 18 | Campaigns -- Featured, Counter Terrorism, Statements
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The OSCE Representative on Freedom of the Media, Harlem Désir, has today written to the UK government to express his concerns about the impacts of the Counter-Terrorism and Border Security Bill on media freedom, which Index on Censorship and others have criticised.
Désir recognises the importance of countering terrorism, but says that legislation should not undermine the work of journalists or impact freedom of expression.
He draws attention to Clause 2 of the bill, which would criminalise the publication of images or video clips of an item of clothing or an article in such a way as to arouse reasonable suspicion that the person is a member or supporter of a terrorist organisation. He recommends that the government adopt more narrow definitions to ensure that journalistic work does not fall within the scope of this provision.
Désir expresses reservations regarding Clause 3 which would criminalise viewing or accessing online content likely to be useful for terrorism, noting that the clause could criminalise searches for journalistic purposes or other research.
The Representative also conveyed his concerns regarding the expansion of border control powers, emphasising the need to protect confidential journalistic sources.
Joy Hyvarinen, head of advocacy, said “Index shares the concerns that the OSCE Representative on Freedom of the Media has raised with the UK government regarding the impacts of the Counter-Terrorism and Border Security Bill. We welcome his intervention, which shows how seriously these developments are viewed internationally.”
Désir’s intervention follows a report by United Nations special rapporteur Professor Fionnuala Ní Aoláin who expressed concerns about several parts of the bill and emphasised that it should be brought in line with the UK’s obligations under international human rights law.
Index on Censorship made a submission to the committee scrutinising the bill in the House of Commons earlier this year calling for changes. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column][vc_column width=”3/4″][vc_column_text]
As it stands, the law could have an impact on the freedom of the media. I am concerned that the provision has the potential to criminalise a too broad range of behaviour, and risks creating a chilling effect on journalistic freedom to report on the concerned organisation.” — Harlem Désir, OSCE Representative on Freedom of the Media, in his letter to the UK’s government.
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Laws that protect our rights to read, research, debate and argue are too easily removed. Index is concerned that clauses of the Counter-Terrorism and Border Security Bill will diminish those rights and freedoms. It submitted a paper to parliament to ask it to consider changes to the proposed bill in June 2018.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1538143671858-a4bdf7ba-e426-7″ taxonomies=”27743″][/vc_column][/vc_row]
26 Sep 18 | Campaigns -- Featured, Statements
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Freedom of expression campaigners, human rights groups and legal experts are raising concerns that proposed new counter-terrorism legislation in the United Kingdom would restrict freedom of expression and limit access to information online.
The UK Parliament is currently considering the Counter-Terrorism and Border Security Bill, which could become law within a few months. The government aims to build on existing laws to fill gaps and close perceived loopholes. However, in doing so, the bill goes very far, including restricting online activity, which undermines fundamental rights to freedom of expression.
For example, the bill would make it a crime to view online content that is likely to be useful for terrorism, even if you have no terrorist intent (and even if you are watching over someone else’s shoulder). The crime would carry a prison sentence of up to 15 years. It would make the work of investigative journalists and academic researchers difficult and risky – as mistakenly landing on an offending page could have major consequences. The first version of this clause required a person to access the wrong content three times, but the government has amended this to become a “one-click rule” rather than the original “three-click rule”.
The bill would criminalise publishing (for example, posting on social media) a picture or video clip of clothes or a flag in a way that raises “reasonable suspicion” that the person doing it is a member or supporter of a terrorist organisation. Parliament’s Joint Committee on Human Rights recommended that this clause be withdrawn or amended because it “risks a huge swathe of publications being caught, including historical images and journalistic articles” and because of its potentially very wide reach and interference with Article 10 of the European Convention on Human Rights. The government has not taken this recommendation into account.
United Nations special rapporteur Professor Fionnuala Ní Aoláin has expressed concerns that the proposed clause “runs the risk of criminalising a broad range of legitimate behaviour, including reporting by journalists, civil society organisations or human rights activists as well as academic and other research activity”. She has expressed concerns about several parts of the bill and emphasised that it should be brought in line with the UK’s obligations under international human rights law.
Index on Censorship believes that the bill is not fit for purpose and should go back to the drawing board. It would significantly impact freedom of expression online, damage journalism and academic research, and signal the wrong direction for future online regulation in the UK.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1537973479519-b24f761b-9263-2″ taxonomies=”27743″][/vc_column][/vc_row]
25 Sep 18 | Campaigns -- Featured, Counter Terrorism, Statements, United Kingdom
[vc_row][vc_column][vc_column_text]Index on Censorship has filed an official notification with the Council of Europe raising concerns about the Counter-Terrorism and Border Security Bill’s impacts on media freedom in the UK.
Index believes that the Counter-Terrorism and Border Security Bill would undermine media freedom and damage journalism if it is enacted in its current form.
The bill would criminalise watching online content likely to be useful for terrorism, even if viewed with no terrorist intent. The offence would carry a prison sentence of up to 15 years. It would make the work of investigative journalists very difficult.
The bill would criminalise publishing (for example, by posting online) images of clothing or an article such as a flag in a way that aroused “reasonable suspicion” that the person doing it was a member or supporter of a proscribed (terrorist) organisation.
The bill would introduce new border security measures that would not allow journalists to protect sources and confidential materials.
The bill will be considered in the House of Lords on 9 October.
Index is an official partner in the Council of Europe’s Platform for the safety of journalism.
Joy Hyvarinen, head of advocacy said: “Index considers this bill to be a threat to media freedom in the UK, which is why we have alerted the Council of Europe. It is extremely important to tackle terrorism, but doing it by undermining media freedom is not the right way. Journalists must be free to do their work”.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1537888523395-496f859a-3b84-3″ taxonomies=”27743″][/vc_column][/vc_row]
