UK national threat legislation could expose British journalists to terrorism prosecutions, experts say | British security and counter-terrorism

British foreign journalists could risk prosecution if they use sources within Iran or other state-backed groups under a national security law hastily passed by parliament this week.

David Anderson, a former UK independent reviewer of terrorism law, warned that if the law was not amended, journalists working in red zone countries could inadvertently be charged with terrorism.

The new counter-terrorism powers are designed to allow the UK government to classify state-backed groups as terrorist organizations and ban groups such as Iran’s Islamic Revolutionary Guard Corps (IRGC).

The changes to the law, which are expected to complete their final parliamentary phase this week, will create new criminal offenses for people who “obtain assistance, support and material benefit” from groups officially classified as state-backed threats.

However, there are concerns that the National Security (National Threat) Act may actually go beyond its original purpose of being a proxy target and end up punishing foreign reporters as well.

Press freedom groups expressed concern over the warning and called on the government to put safeguards in place.

The Home Office denied the bill would undermine the work of journalists. The department’s guidance says journalists are protected, but Lord Anderson said these protections were not enshrined in the bill.

“This bill appears to have been rushed through, with protections for NGOs and journalists largely missing from the text,” my colleague said. “We need to get this right early this week before this bill becomes law.”

According to the law, material interests include information as well as monetary interests. It is a crime not only to “obtain, accept and retain” these material benefits, but also to “agree to accept” them, and there is no “reasonable excuse” for either.

Jonathan Hall, an independent reviewer of terrorism legislation, also called for the law to be changed by expanding the “reasonable excuse” defense to include information. The government did not accept his recommendations.

“There are clear concerns for anyone whose legitimate business may bring them into contact with designated entities or those in a position to provide information on their behalf,” Anderson said in a briefing note.

“This will potentially put at risk charities such as the Halo Trust, who cannot legally ask the IRGC or its agents where land mines have been placed, or dispute resolution organizations that must work with designated agencies as part of their work.

Part of a team clearing landmines in Angola for the Halo Trust. Experts said the bill could potentially hinder the work of charities in Iran. Photo: Antonio Olmos/The Observer

“Foreign journalists could also be affected. In fact, if they have any kind of contact with a source within a designated agency or its agents, they risk prosecution.”

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Ministers have argued that information falls within the prohibition only if it “possesses intrinsic value that enriches the beneficiary”, but Anderson said the definition of a material benefit includes information as a separate category distinct from the financial benefit provisions.

They also provided assurances that those likely to be caught under the new offenses would only be prosecuted if the Attorney General considered it to be in the public interest. “[People] He will have his own views on how strong those convictions really are and on any possible political future,” the crossbench colleague said.

“Foreign and investigative reporters often have to contact dangerous organizations and individuals to expose illegal activities and inform the public,” said Dawn Alford, CEO of the Society of Editors.

“Where there is ambiguity, Congress should take the opportunity to state on the front page of the bill that bona fide journalistic activity carried out in the public interest will not be considered a crime. Clear legal protections are preferable to relying on guarantees about how the law can be applied.”

Nik Williams, policy and campaigns director at Index on Censorship, said he was concerned there appeared to be significant disagreement between the two independent terrorism bill reviewers and the Home Office over the application of the law.

“Well-intentioned but hastily drafted legislation that could chill or criminalize public interest journalism from journalists working at great risk threatens the foundations of British democracy – the very foundations it seeks to protect,” he said. “When considering these important provisions, scrutiny, not speed, is needed.”

A Home Office spokesperson said: “This bill does nothing to undermine the vital work of journalists and any suggestion otherwise is completely false. Lawful activity, including freedom of the press, as well as diplomatic and humanitarian engagement is protected under this bill.”

“We have a proud tradition of championing press freedom in this country. In fact, it is our duty to empower journalists to do their jobs.”

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