Secunder Kermani’s laptop seized under United Kingdom Terrorism Act

Allowing police to come between journalists and their sources constitutes “an affront to journalism’s foundational principles and to the public interest”, says an editorial in The Independent.

The BBC did not contest a court order issued under the Terrorism Act to seize the laptop of a Newsnight journalist, police said.

The RIPA oversight body, the Interception of Communications Commissioner’s Office (IOCCO) which investigated the issue, said police use of the powers were “unlawful” and had been “misused”.

It said the BBC could have challenged the judge’s order in a higher court but did not do so.

The BBC had not said which police force was involved, but it has been revealed that Thames Valley police had taken the laptop.

Police have legal powers to seize information during any inquiries into the “commission, preparation or instigation of acts of terrorism”, under the Terrorism Act which was introduced in 2000. “Police have since returned the laptop that was the subject of this Order”.

Meanwhile, the seizure was this morning condemned by journalists, lawyers and press freedom campaigners.

The police made the court application to gain access to communication between Kermani and a member of IS.

The tabloid newspaper was unaware until months later that information which could have identified confidential sources had been handed over to the police.

Newsnight editor Ian Katz said the move will make it more hard for journalists to report on IS and foreign fighters.

“Police and state interference is making the lives of journalists incredibly hard and potentially jeopardises their safety in the process”. They argued that protecting sources was necessary to report on matters in the public interest.

It comes after TVP refused to confirm or deny whether it used anti-terrorism laws to spy on journalists.

And Aidan White, the director of the Ethical Journalism Network, described it as an example of “how the law exploits public fears over terrorism and becomes an excuse for intimidation of legitimate journalism”.