Companion website for

COMPARATIVE MEDIA LAW & ETHICS

by TIM CROOK

to be published by Routledge on 15th December 2009

For details of the book, please visit Routledge.

Author's profile at Goldsmiths, University of London

 

Summary Guide to the Official Secrets Act for UK journalists

Important National Security Freedom of Expression Test Case in 2009 over allegations of illegal rendition and alleged torture of a British resident.

‘Former MI5 man loses Supreme Court case in memoirs fight: Judges rule battle to publish book must be pursued in secretive investigatory powers tribunal.’ Guardian report 9th December 2009

UK Supreme Court ruling in the case of A v B 9th December 2009. Former longstanding MI5 agent cannot take his battle to publish his memoirs to a court of law. He must take his case to the investigatory powers tribunal (IPT) that ordinarily sits in secret and makes its decisions without giving any reasons.

In February 2010 the England and Wales Appeal Court (Civil Division) issued a ground-breaking ruling on the balance of powers between judiciary and executive in relation to the issue of national security. It had to rule on whether redacted paragraphs in a ruling concerning the case of Binyam Mohamed, who alleged MI5 complicity in his torture and extraordinary rendition by the CIA, should be released into the public domain. On 10th February 2010 a three-judge panel consisting of the Master of the Rolls, Lord Chief Justice and President of the Queen’s Bench Division ruled against the Foreign Secretary and wishes of the Security Service.

But a further and unprecedented dispute arose over a request from counsel for the Foreign Secretary that paragraphs critical of MI5 in one of the judge’s speeches should be withdrawn. The court investigated this issue further and on 26th February 2010 decided that all versions of Lord Neuberger’s critical paragraphs should be released in the interests of open justice. The judge’s criticisms of MI5 represent a robust assertion of the independence of the UK judiciary and a powerful expression of the open justice principle.

See also the background to the case in rulings issued by the High Court during 2009.

Tim Crook’s blog for February also concentrated on the Appeal Court ruling issued on 10th February.

 

 

HOME PAGE