United Kingdom: : Court of Appeal rules on “stop power” under Terrorism Act and journalistic material

• Autores: Lorna Woods
• Localización: IRIS: Legal Observations of the European Audiovisual Observatory, ISSN-e 1023-8565, Nº. 4, 2016
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • The case concerned the legality of the stopping and searching of David Miranda at Heathrow Airport in 2013, who was believed to be carrying information relating to the Snowden disclosures which had been published in The Guardian newspaper (see IRIS 2016-2/28). Miranda is the spouse of Glenn Greenwald, a journalist who at the material time was working for The Guardian. The police relied on the Terrorism Act 2000 (TACT), and the High Court held that the actions of the police were legal, but gave leave to appeal. The Court of Appeal suggested that there were three questions before it: (a) the definition of TACT powers, so as to determine whether the power was used for its intended purpose; (b) the question of proportionality of the power’s use; and (c) whether the use of the power is compatible with the rights guaranteed by Article 10 ECHR, specifically in relation to journalistic material.