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8/12/2019 Britain is Treating Journalists as Terrorists
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Britain is treating journalists asterrorists believe me, I knowMy links to WikiLeaks and Edward Snowden mean I am treatedas a threat and can't return to the UK. We need a free speechroadmap
o Sarah Harrisonoo The Guardian,Friday 14 March 2014 13.38 GMT
'If Britain is going to investigate journalists as terrorists, destroy documents, force us to give up passwords then
how can we be sure we can protect our sources?' Photograph: Kacper Pempel/Reuters
Free speech and freedom of the press are under attack in the UK. I cannot return toEngland, my country, because of my journalistic work with NSA
whistleblowerEdward Snowden and at WikiLeaks. There are things I feel I cannot
even write. For instance, if I were to say that I hoped my work atWikiLeakswould
change government behaviour, this journalistic work could be considered a crime
under theUK Terrorism Act of 2000.
The act gives a definition of terrorism as an act or threat "designed to influence the
government", that "is made for the purpose of advancing a political, religious, racial
or ideological cause" and that would pose a "serious risk" to the health or safety of a
http://www.theguardian.com/profile/sarah-harrisonhttp://www.theguardian.com/profile/sarah-harrisonhttp://www.guardian.co.uk/theguardianhttp://www.theguardian.com/world/edward-snowdenhttp://www.theguardian.com/media/wikileakshttp://www.legislation.gov.uk/ukpga/2000/11/contentshttp://www.theguardian.com/profile/sarah-harrisonhttp://www.theguardian.com/ukhttp://www.theguardian.com/profile/sarah-harrisonhttp://www.theguardian.com/ukhttp://www.theguardian.com/profile/sarah-harrisonhttp://www.theguardian.com/ukhttp://www.legislation.gov.uk/ukpga/2000/11/contentshttp://www.theguardian.com/media/wikileakshttp://www.theguardian.com/world/edward-snowdenhttp://www.guardian.co.uk/theguardianhttp://www.theguardian.com/profile/sarah-harrison8/12/2019 Britain is Treating Journalists as Terrorists
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section of the public. UK government officials have continually asserted that this risk
is present with the disclosure of any "classified" document.
Elsewhere the act says "the government" means the government of any country
including the US. Britain has used this act to open a terrorism investigation relatingto Snowden and the journalists who worked with him, and as a pretext to enter the
Guardian's offices and demand the destruction of their Snowden-related hard drives.
Britain is turning into a country that can't tell its terrorists from its journalists.
The recent judgment in the Miranda case proves this. David Miranda was assisting
journalist Glenn Greenwald and transited through Heathrow with journalists'
documents when he was held under schedule 7 of the Terrorism Act last summer.
Schedule 7 means a person can be stopped and detained at a UK port for up to nine
hours and affords no right to silence. It compels you to answer questions and give up
any documents you possess, and so forced Miranda to hand over his Snowden
documents. Subsequently Miranda fought a case against the UK government over the
legality of his detainment, to show how this act infringes upon journalists' ability to
work freely. Outrageously, the court found politically transparent excuses toignore
the well-defined protections for freedom of expression in the European convention
on human rights.
If Britain is going to investigate journalists as terrorists take and destroy our
documents, force us to give up passwords and answer questions
how can we besure we can protect our sources? But this precedent is now set; no journalist can be
certain that if they leave, enter or transit through the UK this will not happen to
them. My lawyers advise me not to return home.
Snowden's US legal adviser, Jesselyn Radack, was questioned about Julian Assange
and her client when she entered the UK recently. I am strongly connected to both
men: I work for one, and rescued and watched over the other for four months. In
addition, if schedule 7 is used to stop me upon entering the country . I could not
answer such questions or relinquish anything, as this would be a risk to WikiLeaks's
journalistic work, our people and our sources. As I would have no right to silence
under this act, I would be committing a crime in the government's eyes. A conviction
for "terrorism" would have severe consequences for free movement across
international borders.
Schedule 7 is not really about catching terrorists, even in its own terms. The Miranda
judgment states that it has in this case "constituted an indirect interference with
press freedom" and is admittedly "capable, depending on the facts, of being deployed
so as to interfere with journalistic freedom". Officers can detain someone not because
http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/miranda-v-sofshd.pdfhttp://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/miranda-v-sofshd.pdfhttp://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/miranda-v-sofshd.pdfhttp://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/miranda-v-sofshd.pdf8/12/2019 Britain is Treating Journalists as Terrorists
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they suspect them of being involved in terrorist activities, but to see "if someone
appears" to even indirectly be facilitating the bizarre definition of terrorism used
in the act.
Mr Justice Ouseley, who also presided over Assange's extradition case, stated in hisjudgment that an officer can act on "no more than hunch or intuition". It is now
decreed by our courts that it is acceptable to interfere with the freedom of the press,
based on a hunch all in the name of "national security". Today instead of meaning
"to ensure the stability of a nation for its people", national security is a catchphrase
rolled out by governments to justify their own illegalities, whether that be invading
another country or spying on their own citizens. This act it is now crystal clear is
being consciously and strategically deployed to threaten journalists. It has become a
tool for securing the darkness behind which our government can construct a brandnew, 21st-century Big Brother.
This erosion of basic human civil rights is a slippery slope. If the government can get
away with spying on us not just in collusion with, but at the behest of, the US
then what checks and balances are left for us to fall back on? Few of our
representatives are doing anything to act against this abusive restriction on our press
freedoms.Green MP Caroline Lucas tabled an early day motion on 29 January but
only 18 MPs have signed it so far.
From my refuge in Berlin, this reeks of adopting Germany's past, rather than itsfuture. I have thought about the extent to which British history would have been the
poorer had the governments of the day had such an abusive instrument at their
disposal. What would have happened to all the public campaigns carried out in an
attempt to "influence the government"? I can see the suffragettes fighting for their
right to vote being threatened into inaction, Jarrow marchers being labelled
terrorists, and Dickens being locked up in Newgate prison.
In their willingness to ride roughshod over our traditions, British authorities and
state agencies are gripped by an extremism that is every bit as dangerous to British
public life as is the (real or imaginary) threat of terrorism. As Ouseley states,
journalism in the UK does not possess a "constitutional status". But there can be no
doubt that this country needs a freedom of speech roadmap for the years ahead. The
British people should fight to show the government we will preserve our rights and
our freedoms, whatever coercive measures and threats it throws at us.
http://www.parliament.uk/edm/2013-14/1021http://www.parliament.uk/edm/2013-14/1021