OSCE Representative expresses concerns regarding draft UK Counter-Terrorism and Border Security Bill, urges Government to safeguard media freedom
VIENNA, 28 September 2018 – The OSCE Representative on Freedom of the Media, Harlem Désir, in a letter to the authorities of the United Kingdom today, conveyed his concerns regarding the draft Counter-Terrorism and Border Security Bill currently under consideration by the country’s Parliament. While the draft law sets out additional powers to help tackle terrorism, Désir said he was concerned about the potential impact of the proposed legislation on media freedom.
“I fully understand the importance and the need for governments to counter terrorism and terrorist propaganda through security legislation. However, it is necessary that any new security norms will not hinder or undermine the work of journalists or impact the freedom of expression and access to information,” said Désir.
The Representative drew attention to Clause 2 of the Bill, regarding the ‘publication, by a person, of an image of an item of clothing or an article in such a way as to arouse reasonable suspicion that the person is a member or supporter of a proscribed organization’.
“I recommend that the UK government adopt more narrow definitions to ensure that journalistic work in particular will not fall within the scope of this provision, including that ‘reasonable suspicion of being a member or supporter of a proscribed organization’ is more clearly defined,” said Désir. “As it stands, the law could have an impact on the freedom of the media. I am concerned that the provision has the potential to criminalize a too broad range of behaviour, and risks creating a chilling effect on journalistic freedom to report on the concerned organization.”
Désir expressed reservations regarding Clause 3, related to obtaining or viewing proscribed material online, noting that, while an excuse defence is included in the bill, this clause could criminalize too broadly the searching of material, including for journalistic purposes or other research.
The Representative also conveyed his concerns regarding the expansion of border control powers to obtain evidence. “New powers to search and question individuals entering the UK should include a specific provision which respects the protection of confidential journalistic sources. Any new powers must be governed by strict and independent judicial oversight along with adequate safeguards against their abuse,” said Désir.