UK: Two court cases present new barriers to independent reporting

On 16 February, the High Court ruled against Bloomberg LP in a case related to the misuse of private information. The court found that an individual who is under criminal investigation cannot be named in the media before being charged. Despite an overwhelming public interest, the court decided to give precedence to the right to privacy over the public's right to information. The decision will limit journalists’ ability to scrutinise companies and individuals. Bloomberg editor-in-chief John Micklethwait reacted to the judgement, warning that the court's decision "should frighten every decent journalist in Britain.”

The following week, journalist and former MP Chris Mullin, was taken to court by the West Midlands police over source disclosure. In an action brought under the Terrorism Act of 2000, the police sought to require Mullin to disclose source material from his investigation into the 1974 Birmingham Pub Bombings. A man involved in the bombings, identified by the court as AB, is believed to have made a “full confession” to Mullin.

Heard at the Old Bailey on 25 February, Mullin argued that this case could be “used to undermine the freedom of journalists to investigate alleged miscarriages of justice and other matters in cases involving terrorism.” Mullin declined to give information about his sources. The court is expected to issue a decision in the coming weeks.

“Reporting on criminal cases and maintaining source protection are two fundamental components of journalism, and any attempts to interfere with that should not be taken lightly. These cases are worrying in light of the broader trend to restrict press freedom in the UK through regressive legal action. We urge the courts to avoid imposing unnecessary barriers to reporting, in keeping with the UK’s press freedom obligations,” said RSF’s UK Campaigns Officer Azzurra Moores.

Privacy and anti-terror laws

Prior to the hearing on 25 February, the West Midlands police had attempted to ban reporters from attending. They argued that the need to protect the privacy of suspects was in line with the recent Bloomberg ruling, and therefore proceedings should be held in private. The request was not upheld and journalists were able to attend and cover the hearing.

The use of privacy and anti-terror laws have routinely been used by UK courts to restrict journalism. In 2011, the European Court of Human Rights issued a landmark ruling against a privacy suit brought by Max Mosley seeking to impose a pre-notification requirement on newspapers when reporting on people’s private lives, finding that this would have a “chilling effect” on the media.

The UK is ranked 33rd out of 180 countries in RSF’s 2021 World Press Freedom Index.