OSCE Representative expresses concern over use of anti-terror legislation to seize BBC journalist's materials in the United Kingdom

NUREMBERG, Germany, 29 October 2015 – The United Kingdom’s anti-terrorism law should not be used to access information, communications or a reporter’s professional material, OSCE Representative on Freedom of the Media Dunja Mijatović said today, expressing concern about the possible chilling effect of the law on investigative journalism.

Mijatović responded to reports that police used the Terrorism Act of 2000 to obtain a court order to seize the computer of BBC journalist Secunder Kermani to read his exchanges with a member of ISIS.

“Anti-terror legislation should not be used to make an end run around a journalist’s right to preserve their assets and materials, particularly those related to communications with their sources,” Mijatović said. “Law enforcement authorities cannot be allowed to rely upon journalists’ work to do their jobs.”

Mijatović maintained her position that infringing confidentiality would lead to the silencing of sources necessary to disclose facts on issues of broad public interest.

“I do not question the responsibility of governments to protect citizens from the serious threat of terrorist attacks,” Mijatović said. “However, this must never erode the public’s right to be informed on matters of public concern. Legal provisions which may affect media freedom and freedom of expression should be clearly worded and avoid granting overbroad discretionary powers to law enforcement authorities.”

Mijatović is in Nuremberg for a meeting of the European Platform of Regulatory Authorities.

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. She provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.