Journalist Shiv Malik has claimed a victory in a legal battle against Greater Manchester Police (GMP) which used the 2000 Terrorism Act to force him to reveal confidential sources.
As previously reported on How-Do, GMP issued the order requiring Malik to disclose all the source material for the book Leaving al Qaeda: Inside the mind of a British Jihadist.
But now judges at the High Court in London have said the order was “too wide” and that the order was wrong because it would compel Malik to identify sources other than the main subject of the book – who was already known to police.
However, they are reconvening on 26 June for a further hearing on the scope of the order, which could still mean Malik is ordered to hand over the notes.
"We are of the view that, on the material and argument before him, the judge was entitled to conclude a production order should be made in principle. But we consider the terms of the order that he made were too wide," said Lord Justice Dyson.
Referring to the rights of journalists to protect their sources, the judgement said:
Malik
"Important though these rights of a journalist unquestionably are, they are not absolute. Parliament has decided that the public interest in the security of the state must be taken into account.
"A balance has to be struck between the protection of the confidential material of journalists and the interest of us all in facilitating effective terrorist investigations."
NUJ general secretary Jeremy Dear said: "Today's judgment was not just a victory for Malik but also a victory for all those who believe in the importance of investigative journalism."
"The ruling sends a clear signal to the police that they can't see journalists as simply another tool of intelligence gathering.
"There are sometimes people and places that only journalists can reach - where the whole of society benefits from questions being asked."Something to add? Then leave a comment below or email us now.
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