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New legislation is a threat to freedom of expression, warns Society

Posted on: December 12, 2018 by Claire Meadows

New legislation granting authorities sweeping powers to seize information is a threat to freedom of expression the Society of Editors has warned this week.

Responding to the Crime (Overseas Production Orders) Bill ahead of scrutiny by a Public Bill Committee next week, the Society warned that the current provisions fell far short of safeguarding journalistic material and journalists’ confidential sources.

Ian Murray, Executive Director of the Society of Editors said: “There is a blatant disparity in the Bill between the established Police and Criminal Evidence Act 1984 regime (PACE) and the proposed new system that would prove an obvious threat to journalistic sources. At present, the provisions completely bypass established procedures contained in PACE and would strip away longstanding safeguards against the wrongful access of journalistic material.”

The Society outlined its support for concerns, also raised by the News Media Association, that the legislation contains no requirement for a journalist to be notified before a judge gives permission for their data to be accessed and there is no requirement for the authorities applying for an order to persuade the judge that accessing the journalistic information is relevant to the investigation, in the public interest or is a last resort.

The Society added: “The legislation would allow any serving Government to enter into agreements with foreign Governments that would allow authorities overseas access to data stored in the UK. There is a serious risk of a ‘free pass’ being given here for overseas authorities to access data in the UK. Furthermore, there are no measures to ensure that access is only given on terms that would mirror the UK’s own safeguards for press freedom and this is worrying.”

The Bill has completed its passage through the House of Lords and was introduced in the House of Commons on 20 November 2018. It had its Second Reading in the House of Commons on 3 December 2018.

This Bill has now been committed to a Public Bill Committee which will hold its first meeting on Tuesday 18 December 2018.

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