‘Detectives wanted my computer, disks, notes, phone, and any material relating to stories I’d written about the Real IRA … I was given three days to comply. If I didn’t, they’d seek a court order under the Terrorism Act. I won’t be complying’
~Suzanne Breen~
Ms Breen is well within her rights as a journalist to protect her sources as stipulated in (Point 7) of the National Union of Journalists' Code of Conduct . Also, according to these Codes Of Conduct, she has sole privilege to her unpublished notes and research. Ms Breen’s position has been fully endorsed by her union, editor and the newspaper
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Freedom of Speech: Under the Spotlight
If our fledgling PSNI, were to pursue their threat of court action to in-force handover of Ms Breen’s documentation, this will not have been the first occurrence of a British police force attempting such action in the name of public safety!
One of the legal matters I am eluding to, is that of the court ruling in favour of Shiv Malik, controversial British journalist, on June 19th 2008. In brief, the Greater Manchester Police sought a court injunction for Malik , to hand over party of his interview notes for his forthcoming book on self-confessed former Islamic extremist, Hassan Butt. At the time of the ruling Mr Malik described the ruling as a ‘victory for common sense’.
Presiding over this case, Lord Justice John Dyson said:
"A balance has to be struck between the protection of confidential material of journalists and the interest of us all in facilitating effective terrorist investigations. It is for the court to strike that balance. It is for the police to satisfy the court that the balance should be struck in favour of making (the necessary) order."
This is currently a hotly debated subject as revealed by a recent poll in the Irish Times which narrowly (57% -vs-43%) favoured in support of maintaining journalistic integrity of their sources.
Suppression of ‘Freedom of Speech’; A World Perspective
Throughout the world there are numerous examples where journalists and reporters have been targeted in their line of duty. It has been recently estimated that an average of two journalists have been murdered every week during the last ten years.
These have included:
- Several BBC reporters have been seriously injured or killed in their line of duty, including, Kate Peyton , who was shot and killed in Mogadishu. Also, their conflict specialist reporter, Alan Johnson , whilst reporting in Gaza, was abducted for 114 days and then released, having conducted three years of independent reporting from that conflict zone.
- The United States, which is classed as having the world’s freest press, has had it’s reputation dented by several well-publicized court cases. U.S. reporters have been sent to jail for refusing to reveal the names of confidential sources. One such example is that of former New York Times reporter Judith Miller spending 85 days in jail for refusing to name sources
- The groundbreaking Russian journalist, Anna Politkovskaya , was shot and killed in the stairway of her Moscow apartment.
‘Freedom of Speech’: Northern Ireland Context
In ALL former conflict zones, from war-torn Yugoslavia to areas of Central and South America, and Africa, it’s understood that independent journalistic institutions are an integral part of building, or rebuilding stable political structures and hence the broader civil society. Through much of The Troubles, Northern Ireland society was perched upon a trembling proverbial tight rope.
As a result, Northern Ireland, is considered the most politicised region in the world, with a deep sectarian and highly fractious history embedded in our culture. This embattled history as led to our peoples being much more politically aware within this British jurisdiction since the cease fire, hence the success and popularity of such websites as Slugger O’Toole.
Suzanne Breen has rose to prominence in Ireland through straight forward and factual investigative journalism on the recent upsurge in dissident Republican activity on this island. She can no way be accused of being an opportunistic, delusional sensationalist, on her reporting of rumblings of discontent within grass root Republicanism and it’s perceived implications on the ‘Peace Process’! The Sunday Tribune northern editor reaffirmed she would take her sources
“to the grave”after barrister Tony McGlennan — acting on behalf of the Chief Constable — successfully applied to give evidence in a closed court session.
However, this case is by no mean’s the first to be in the spotlight with regards to Northern Ireland. Ed Maloney, Liam Clarke and Kathryn Johnson have felt the wrath of the State for posing difficult questions on prevalent issues. All three brought cases for police encroachment and were duly vindicated.
One set of people who need no convincing about the positive potential of free and serious journalism are those who are against the building of open and peaceful societies. To them, free media represents a dangerous threat - precisely because of its potential to increase understanding and to stimulate new and fruitful debate!
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Never doubt the significant impact that accurate, impartial, independent journalism can make upon shaping the true perceptions that the outside world have of a country's political regime!