CIoJ welcomes Judges' ruling on Dale Farm disclosure orders


18 May 2012 The Chartered Institute of Journalists (CIoJ) today welcomed the High Court ruling that disclosure orders can never be granted as a formality. Lord Justice Moses and Mr Justice Eady

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» Chartered Institute of Journalists

CIoJ welcomes Judges’ ruling on Dale Farm disclosure orders

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18 May 2012

The Chartered Institute of Journalists (CIoJ) today welcomed the High Court ruling that disclosure orders can never be granted as a formality.

Lord Justice Moses and Mr Justice Eady have quashed an order for media organisations to hand over footage shot during the Dale Farm eviction in October 2011. The written judgement cited that “police had failed to make a sufficiently strong case” and accepted the media’s joint position that it was a fishing expedition for evidence.

The application was granted by Judge Gratwicke at Chelmsford Crown Court in February whenEssex Police submitted the application claiming the footage was needed to pursue prosecutions.

Mr Justice Eady said disclosure orders “can never be granted as a formality” and that while the police should not be discouraged from seeking to obtain material in the future, “it is not easy to do so and it should not be easy.”

The fact that Judge Gratwicke was unable to justify the order he made “stemmed from the inadequacy of the evidence and the grounds advanced by the police”, the judgement recorded.

The CIoJ said: “We welcome the comments that have been made regarding disclosure orders. Handing over material without a fight would allow people to think that the media is part of the establishment or in league with public authorities.”

“This ruling sends a stark warning to anyone who thinks journalists are there to gather material for anything other than the reporting of fact. It is a clear message that journalists remain independent, impartial witnesses to events. The media organisations who challenged it and won will give heart to many others in the media, because communities like Dale Farm would never have trusted a journalist again.”

The Judgement is available at http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/bskyb-others-judgment-17052012.pdf

ENDS

 

Notes to Editors

1. The footage was shot during the operation to evict travellers from the site near Basildon on 19 and 20 October 2011 and included scenes of violence as bailiffs dismantled barricades.

2. The media involved – The BBC, Independent Television News, Channel 5, BSkyB, Hardcash Productions and freelance video journalist Jason Parkinson – joined forces to oppose the orders fearing it would blur the lines of independent journalism.

3. In the judgement Mr Justice Eady said it was difficult to dispute there was a real public interest in tracing people involved in public disorder or violence, but that has to be set against the level of interference with the media’s right to freedom of expression under Article 10 of the European Convention on Human Rights.

4. “Because the cupboard was bare” when it came to demonstrating that the material would be of substantial value to the police investigation, the claimants were denied a fair opportunity to demonstrate to the (Chelmsford) court why much, if not the totality, of their material was unlikely to be of any assistance.”

5. Formed in 1884, the Chartered Institute of Journalists (CIoJ) is the world’s oldest established professional body for journalists, and a representative voice of media and communications professionals throughout the UK and the Commonwealth.

Journalists condemn ads on BBC

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CIoJ

CIoJ PRESS RELEASE
9 JANUARY 2012

Plans to allow advertising on the BBC World Service have been condemned as a damaging precedent – and likely to prove “the thin end of the wedge” for BBC broadcasting.

The attack comes from the oldest organisation representing media workers – The London-based Chartered Institute of Journalists, and follows an announcement that the BBC Trust has approved a year-long pilot scheme to permit adverts to appear on BBC World Service.

BBC

The Corporation says that the move follows a Government request that the World Service generate £3million by 2013/14 to compensate for budget cuts made necessary by the end of Foreign Office funding.  The Service’s Berlin frequency and its Arabic, Spanish and Russian Websites will all carry advertising.

The Chairman of the Institute’s Broadcasting Division, Paul Leighton said: “The move utterly undermines the BBC’s world-wide image as a source of authoritative news and information, totally independent and free from commercial or governmental influences”.

With the BBC’s licence fee income frozen for some years, he warned that the move set a precedent which could lead to advertising appearing on other BBC Radio outlets. “For years there have been calls from some MP’s for domestic Radio to carry advertising.  Once this step has been taken those calls will become louder and more difficult to resist.   Which branch of the BBC will be next on the list,   BBC Radio 1?  Radio 2? The Corporation’s Local Radio stations?”

The Chartered Institute is writing to the BBC Trust urging them not to proceed with the pilot and lobby Government for the restoration of Foreign Office “grant-in-aid”.

 

ENDS

Note to Editors

• Formed in 1884, the Chartered Institute of Journalists (CIoJ) is the world’s oldest established professional body for journalists, and a representative voice of media and communications professionals throughout the UK and the Commonwealth.

CIoJ welcomes Select Committee findings

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NEWS RELEASE

RELEASE DATE: 6 APRIL 2010

CIoJ welcomes Select Committee findings

The first job for the ‘Commons Culture, Media and Sports Select Committee after the election should be to push the Department for Communities and Local Government into action over council-run newspapers.

“Having highlighted the breaches on government guidelines for these propaganda sheets, the MPs who will form the new Select Committee should make it their urgent business to see that the controversy is ended once and for all time,” the Chartered Institute of Journalists said today.

The Institute had complained earnestly to the Select Committee during its investigations that these so-called newspapers were a grave threat to the continuance of established local newspapers, were one-sided and were a wrong use of public money at a time of austerity. “The report is a vindication of our views,” said Robin Morgan, Chairman of the Institute’s Professional Practices Board.”

“Generally speaking we welcome the Committee’s findings but there is a long way between its’ recommendations and seeing them put into practice – and the general election will not help speed things through. We hope a new Parliament does not create a new Select Committee membership that has different ideas, throwing our industry’s problems back into the melting pot,” he said.

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Note to Editors

Formed in 1884, the Chartered Institute of Journalists (CIoJ) is the world’s oldest established professional body for journalists, and a representative voice of media and communications professionals throughout the UK and the Commonwealth.

CIoJ welcomes release of journalists

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cioj-armsTHE CHARTERED INSTITUTE OF JOURNALISTS has welcomed the release of journalists Laura Long and Euna Lee from captivity and hard labour in North Korea.

“This is a positive step by the North Korean authorities,” said CIoJ President, Liz Justice, “and demonstrates recognition that the journalists’ mistake was genuine and was no threat to North Korea.

“However, this situation should be an example to all journalists of the potential risks when trying to get their story. It also serves as a reminder of the situations and circumstances that journalists encounter on a regular basis in order to keep the rest of us fully informed as to what is happening around the world.”

Having written to Kim Jong-un appealing for clemency, the CIoJ will write again congratulating this decision.

The Institute is now on Facebook

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This allows us to keep in touch with members who use the leading social networking site, and also to recruit new ones.

Our Facebook page is open to all users, whether members of the CIoJ or not.

Updated daily, it carries information about the Institute as well as links to news about our profession and the industries in which we work.

Each day we trawl through dozens of news sources looking for items of interest, including trade publications, the daily press and the websites of media organisations, both in the UK and abroad.

Anyone logged onto Facebook can see the page, read information posted there and follow up the links. Those who register as “fans”, in the Facebook jargon, see all posts and links on their own pages without having to switch to the CIoJ page.

The page was set up in late July, and at the time of writing has 23 fans, about a third of them Institute members.

The Facebook group is “closed”, which means that people can become members only by applying to its administrators, or by being invited to join.

It carries far more information about the Institute than the page, as well as links to other organisations which members might find useful, such as the NCTJ, Insi, the PCC and Mediawise; campaigns, such as Save the Observer, Frontline and Article 19, and blogs, including Gentlemen Ranters (memories of the “golden days” of Fleet Street).

The group can also be used to get debates on important issues going. The current one is “are bloggers journalists?”, a question which is exercising council as more and more bloggers apply to join the institute.

The group also carries photographs of the elected officers of the Institute.

Both the page and the group are new creations and work in progress. We will add more and more useful information over the coming weeks and months.

We hope all CIoJ members who are on Facebook will become fans of one, and members of the others, and draw them to the attention of friends and colleagues through Facebook’s networking tools.

Please let the administrators (general secretary Dominic Cooper and council members Alun Hill and Charlie Harris) know what you think of this new resource so far, and offer suggestions of what you would like to see posted.

How to find us

Our Facebook page

Our Facebook group

What price democracy? Audit Commission can’t answer…so who will?

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NEWS RELEASE

Release time: 30 July 2009

The Audit Commission’s inquiry into local authority newspapers, ordered by the Government in its Digital Britain report, will not include an examination of their effect on traditional local newspapers.

Steve Bundred, chairman of the Commission, told the Chartered Institute of Journalists that it does not have the expertise to examine that contentious area.

Dominic Cooper, general secretary of the Institute said: “Although Digital Britain has encouraged an assessment to determine the value-for-council taxpayers’ money of these publications, this is only part of the equation. These council newspapers and magazines are more cover-up than cover-all and rarely, if ever, report anything other than council propaganda. What effect these publications have on democracy is just as important as how much taxpayer’s money they waste.

“We have seen how they have affected the performance of traditional local newspapers – leaving the public without independent scrutiny of local authority actions.”

Mr Bundred told the Institute: “The Commission is the champion of value for money in local public spending, and regulator of local public services. We plan to carry out research that examines the value achieved by council spending on communicating with the public and allows us to spread good practice and make recommendations about improving value for money in this area. This research would include council newsletters and newspapers, income derived from these newspapers, and spending on recruitment advertising.

“The Commission’s role and expertise do not lend themselves to examining the health of local newspapers or isolating the impacts of specific local authority practices on commercial bodies. This element of Digital Britain invitation appears better suited to regulators with a specific competition remit.”

Mr Cooper said: “While we welcome the inquiry because we believe it will show the exceptionally poor value for money that taxpayers get – only last week a council publication in Cornwall closed after 11 months at a cost of £700,000 to taxpayers – but unless their overall effects are studied the question still remains: What price democracy?

Ends+

For further information please contact:

Dominic Cooper: 020-7252-1187, or by e-mail at dc@cioj.co.uk;

Robin Morgan: 01226-203778, or by e-mail at robinmorgan@cioj.co.uk

Notes for Editors:

Formed in 1884, the Chartered Institute of Journalists (CIoJ) is the world’s oldest established professional body for journalists, and a representative voice of media and communications professionals throughout the UK and the Commonwealth.

Arrest of journalists deplorable

Posted on by CIoJ in CIoJ Press releases, Press Freedom | 1 Comment

Release date: 3 July 2009

Statement

The CIoJ deplores the arrest by the Iranian Authorities of more than 30 journalists and the expulsion of some foreign reporters.   The Chartered Institute urges the immediate release of all  journalists arrested during the current political turmoil and the cancellation of the expulsion orders.

Dominic Cooper, General secretary, said: “Democracy cannot be served by gagging the messengers and if the Iranian authorities wish to project their state as a democracy on the world stage, freeing the press (and the press men and women) would be a better way of going about that quest.”

JOURNALISTS SHOULD NOT CENSOR NEWS

Posted on by CIoJ in CIoJ Press releases, News | 7 Comments

 

NEWS RELEASE

RELEASE TIME: IMMEDIATE, 17 JUNE 2009

THE Chartered Institute of Journalists believes that the election of BNP members to mainstream politics should be dealt with in the same even handed manner as all other political parties.

While the NUJ is holding a debate about the right way to handle the rise of parties like the BNP, the CIoJ believes that accurate reporting will undermine the strong support of such parties.

CIoJ President Liz Justice said: “It is not an option ignoring views of elected members because they don’t chime with your own political views.

“It is a reporter’s job to report – and a sub’s job to edit – without injecting personal feelings and prejudices into the story. The opinion writers’ job allows them to reflect their beliefs. It is not the job of a journalists’ trade union to dictate otherwise. That is why the Chartered Institute of Journalists is strictly non-political and urges its members to report the facts and let the readers (rightfully) make up their own minds.

The advent of the BNP should be treated no differently to any other political party by journalists dedicated to the concept attributed to Voltaire: ‘I disapprove of what you say, but I will defend to the death your right to say it.’
“The electing public can make good decisions based on accurate reporting. I am clear that CIoJ journalists should not treat any political party with polite disdain or use their own political stance to undermine fair reporting.

“These parties now have democratically elected members and they will also be newspaper readers. The best way forward for journalists is to treat them as any other contributor and interact in a challenging way. Journalists are in the perfect position to let the public know what they are voting for when the next elections come along.”

End+

CIoJ urges Kim Jong-un to intervene

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NEWS RELEASE

RELEASE TIME: IMMEDIATE, Friday 12 June 2009

THE CHARTERED INSTITUTE OF JOURNALISTS (CIoJ) is writing to Kim Jong-un to ask him to intervene in the sentencing of two US journalists, Laura Long and Euna Lee, to 12 years hard labour in North Korea on Monday June 8.

Earlier this month Kim Jong-un, 26, was appointed to succeed his father Kim Jong-il as the head of the Korean Workers’ Party and head of state of North Korea and the CIoJ believe that he is in a position to review the length of the sentences.

CIoJ President Liz Justice said: “We are writing to ask Jong-un to show leniency and release the two women from a physically stringent sentence for what appears to be illegally crossing the border from China to a country which bans foreign journalists.

“We are not saying they did or did not break the North Korean law, but 12 years for trying and failing to cross the border is extremely harsh.”

The two reporters worked for a San Francisco TV production company which is owned by former US Vice President Al Gore. Many regard the sentence as indicative of an increase in hostility between the US and North Korean Governments.

“As the oldest professional journalist body in the world, we are making this very personal and professional approach because we understand that he was educated in Switzerland and will recognise that these journalists were on a path of discovery which posed no real threat to North Korea.

“We know that Jong-un is well respected and in our letter have pointed out that any positive action by him leading to the release of these journalists will be recognised as a mark of his enlightened approach in a country that many outsiders regard as austere and closed.”

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CIoJ warns that Human Rights Law should take precedence in protecting journalistic sources

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A LOCAL NORTHERN IRELAND court would be guilty of a “serious error” if it ordered journalist Suzanne Breen to disclose her sources, says the Chartered Institute of Journalists (CIoJ) the oldest and most senior professional organisation of journalists in the world.

The court, presided by Belfast recorder Tom Burgess, is considering whether to order the Sunday Tribune’s northern editor, Suzanne Breen, to hand over information about the Real IRA murders of two British soldiers – Mark Quinsey, 32, from Birmingham, and Patrick Azimkar, 21, from London – in Northern Ireland in March. She had received a telephone call from the Real IRA, claiming responsibility for the murders, which she then reported in the Sunday Tribune.

“Confidentiality of sources is enshrined in European human rights law and which the UK accepted in the Human Rights Act 2006,” say the CIoJ and added: “There have already been several cases in which the European Court of Human Rights has overruled national decisions and ordered national courts to respect the confidentiality of journalists.”

The judge had given Breen’s legal team a week to find reasons why he should not require her to hand over her confidential information to the police. The case is scheduled to come back to the court on Friday this week, when the Recorder will give his final ruling.

It is clear, says the CIoJ that her legal team must spell out the meaning of Article 10 of the human rights convention. It should also give examples of legal precedent, where the European Court of Human Rights has interpreted the convention as meaning that national courts must respect the confidentiality of journalists’ sources and of information given in confidence to a journalist.

If the NI court still insists on the disclosure of confidential information and of sources, Ms. Breen must appeal, advises the CIoJ. Should the Appeal Court fail to overturn the lower court’s ruling that would be to the House of Lords.

She should also be prepared to take her case to the European Court of Human Rights in Strasbourg, which – according to legal precedent – will very likely decide that she should not disclose her sources nor show her papers to the police.

The CIoJ’s view is supported by Ian Forrester QC, who was lead Counsel in an important case about the confidentiality of journalist sources last autumn. The European Court of Human Rights (ECHR) found against the European Commission and the Belgian state in the case of Hans-Martin Tillack, a correspondent for the German news magazine Stern, in which he wrote a series of articles about fraud and mismanagement at the European institutions. The court ruled that Tillack could not be requested to disclose his sources.

British barrister Forrester, who now specializes in dealing with European human rights cases at the ECHR in Strasbourg, comments that he finds it “difficult” to reconcile the Northern Ireland court’s decision with the ECHR’s judgments “about Tillack and the earlier Belgian cases”

In any case, comments the CIoJ, while appeals are being considered or are under way Suzanne Breen should not disclose her sources to the police or to any court.

“Confidentiality of sources is sacrosanct for journalists,” says Liz Justice, President of the CIoJ. “People need to be sure that they can blow the whistle about wrongdoings and tell the truth to a journalist without fearing that their identity will be revealed. In this day and age it allows the public to get to the truth.

“This safeguard may be paramount for the life and safety of the journalist and their family. He or she may well be attacked and even murdered if people who spoke to him/her fear that their identity will be revealed.”

End

Note to Editors

1. Formed in 1884, the Chartered Institute of Journalists (CIoJ) is the oldest established professional body for journalists, and a representative voice of media and communications professionals throughout the UK, Ireland and the Commonwealth.

Liz Justice can be contacted on 07780 661926 and further information about the CIoJ is available at www.cioj.co.uk