Mat Kenyon


Spotlight 08 Informed


about Ian Brady, and Shiv Malik, who in 2008 provides the only other case law governing production orders made under the Terrorism Act (2000). As the editors of McNae’s Essential


Journalists’ rights under threat


Journalism faces unprecedented jeopardy from legislators, says Tim Dawson, but can the union stave them off?


Read the 9,887 words with which Judge Mark Lucraſt upheld Chris Mullin’s right to protect his sources, and one thing shines through. Te case law cited will be very familiar to NUJ members. Nearly all of it was financed with their subscriptions. Overriding all is Bill Goodwin, whose


bravery over six years was backed by the NUJ. His case established that the right to free expression, enshrined in the European Convention on Human Rights, guarantees a journalist’s right to protect their sources. Tat ruling is cited in every British textbook on media freedoms. Also referenced by Judge Lucraſt,


were the NUJ-backed cases of Robin Ackroyd, who resisted Ashworth Hospital Authority’s 2002 application for him to reveal his source for a story


Law for Journalists prepare their 26th edition, the case of Chris Mullin will be added. His production order brought under the Terrorism Act 2000 and refused by Judge Lucraſt shows that a public-interest defence is possible against this potent threat to journalists. Te welcome judgment underlines how reliant a free media is on an array of legal provisions that are in permanent flux. Without unstinting critical oversight, vital journalistic liberties are at risk. “Lawfare” and strategic lawsuits against public participation (Slapps) are recent coinages. Tey describe an age-old issue – the practice of the wealthy and the thin-skinned deploying bateries of legal challenges to frustrate the work of journalists. Former FT reporter Catherine Belton’s experience aſter publishing Putin’s People gives a flavour of such assaults. She told the House of Commons Foreign Affairs Commitee: “I didn’t know if my publisher would be able to withstand the barrage of claims. I thought the book might have to be withdrawn.” Catherine Belton and HarperCollins, her publisher, resisted writs from five oligarchs issued within a week of each other, among them one from Russian businessman Roman Abramovich. Te cases were setled with agreements to minor alterations – and spectacular costs. Her case is far from isolated. Kleptopia author Tom Burgis faced a similar onslaught, subsequently discontinued. Carole Cadwalladr awaits the outcome of the action brought against her by pro- Brexit campaigner Arron Banks. For many years this situation has litle


troubled our government. Now that the blood of thousands soaks Ukraine’s soil, the government has promised to act against the London law firms which have profited spectacularly from Russian-sponsored litigation.


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