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Supporting the public’s ‘right to know’
I
NFORMATION ABOUT terrorism is often remarkably difficult to access, even when formally and legally available to the public,
according to recent research into how governments and courts deal with security-related matters, and the relationship between the state and the media. “A complex, far-reaching legal framework governs the way information about terrorism is obtained by the media and conveyed to the public,” says researcher Dr Lawrence McNamara. “Some of the most important and reliable information about terrorism emerges as prosecutions and civil actions unfold in the courts. Democratic traditions of media freedom characterise and sustain our liberal democracy through open, informed public debate – the basis of the public’s right to know – and the ability to access and report information from the legal process is a mainstay of those traditions.” To explore how the law affects
these matters, and how media freedom functions, and should function, at a time of often heightened terrorist threat, Dr McNamara undertook 60 confidential interviews with UK judges,
government officials, the Crown Prosecution Service and criminal defence lawyers as well as journalists and editors.
“
Act 2013 (JSA) which now includes the legislative requirement that government reports to parliament annually on applications for, and use
It is crucial that we ensure that, whenever
possible, what governments do in the name of their citizens is made visible
Findings suggest that even legally available information about terrorism is hard to access. “The government and police are cautious about releasing information and often distrust the media,” he points out. “And the authorities are not greatly trusted by journalists either.” The information that is accessed and reported is very closely considered and managed by all parties before it reaches the public eye. Hence, even when restrictive laws are not applied to control information, and may even be seen as benign with regard to the media, the study shows that the legal framework is currently extremely powerful in shaping the behaviour of everyone involved and, ultimately, the information that reaches the public. Based on evidence gathered during
this four-year study, Dr McNamara helped shape the Justice and Security
of, closed material proceedings, ie, court cases which are closed to the public where the non-state party will not see all the evidence. “Everyone accepts that sometimes information must remain secret,” he concludes, “but it is crucial that we ensure that, whenever possible, what governments do in the name of their citizens is made visible and can be subjected to adequate scrutiny. Rights, security and accountability are all of the very highest importance; the way that governments and courts manage transparency is crucial in achieving all of them.” n
” i Contact Dr Lawrence McNamara, Bingham
Centre for the Rule of Law, London Email
l.mcnamara@
binghamcentre.biicl.org Telephone 020 7862 5437 ESRC Grant Number RES-071-27-0038
AUTUMN 2014 SOCIETY NOW 3
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