Police cannot seize journalists’ Begum notes
Judge rules in favour of the press to keep unpublished parts of interviews with Isil bride out of state’s hands
JOURNALISTS cannot be forced to hand over notes from their interviews with Shamima Begum, the Isil bride, a judge has ruled as he blocked police “interference”.
Counter-terrorism officers at Scotland Yard were hoping to seize material from several news organisations relating to conversations with the 19-yearold, who was found in Syria four years after leaving her home in east London to join the Islamic State of Iraq and the Levant.
Ms Begum, one of three girls aged 15 who left the UK in 2015 and travelled to the Middle East, married a Dutch-born fighter and had three children, all of whom died as the terror group began to lose its grip on its last remaining strongholds.
It was earlier this year, in a refugee camp in northern Syria, that she was tracked down by Anthony Loyd of The Times, whose story thrust her back into the international spotlight.
Ms Begum, who has since been stripped of her British citizenship, later gave interviews to several broad- casters including the BBC, ITN and Sky News.
Lawyers for the Metropolitan Police attempted to get their hands on the unpublished material from these interviews by making an application under the Terrorism Act 2000.
All of the outlets resisted the application at the Old Bailey, arguing it would undermine their journalists’ ability to cover foreign conflicts.
Gavin Miller, for Sky, ITN and The Times, told the court that the order would deprive journalists of their neutrality and place them at risk by making them de facto actors of the state.
“Journalists are believed to be neutral observers and it is this neutrality of the press that affords them protection,” he said.
Judge Mark Dennis QC ruled yesterday that none of the journalists would be required to hand over any material from the interviews.
He said the reporting represented a “significant public interest story” that served to open up “an important issue for public debate”.
“The work of investigative journalists in particular does rely upon trust, confidentiality, protection of material and sources, their perceived neutrality, and the co-operation of people who are prepared to place their trust in journalists,” he added.
Judge Dennis said that, as Ms Begum had spoken openly and knew her words would be published, the threat to journalistic freedom from such an order was not as great as compelling journalists to name a confidential source.
Although the Met’s application was rejected, Judge Dennis ordered that copies of all the material remain in the possession of solicitors to prevent it being lost.
He said this would be in case Ms Begum were to return to the UK and a fresh application could be considered.
Mr Loyd, who was present for the ruling, said the police application threatened to have a “potentially chilling effect” on the freedom of the press.
John Battle, head of compliance at ITN, said afterwards: “It’s a victory for journalism that the judge did not make the order.
“Judge Dennis clearly recognised that the journalism was of the highest public interest obtained in difficult and dangerous circumstances.”