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-harrison
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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.pdf
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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