Declassified UK is an investigative journalism organisation
which provides in-depth analysis and exclusive news on UK foreign
policy, its military, intelligence agencies and most powerful
corporations.
However the MoD press office has refused to provide information or
comment in response to recent enquiries by Declassified. Now Leigh
Day lawyers have written to the MoD on the journalists' behalf
to seek urgent clarification about what appears to be a
blacklisting policy.
On 25 August 2020, Declassified approached the MoD press team
seeking comment on an emerging story that a serving soldier had
been arrested following a protest regarding the UK's
involvement in Yemen.
The MoD initially said it would provide comment in due course but
changed tack after a press officer asked Declassified "what
sort of angle have you taken on the war in Yemen?". The
journalist was then told: "We no longer deal with your
publication". The MoD provided comment to other media outlets
who went on to publish articles on the same story.
Despite repeated requests, the MoD has failed to provide
Declassified with any details of when or why it has adopted the
policy. The effect has been to exclude Declassified from the
standard process of engagement between media outlets and the MoD,
effectively blacklisting Declassified as an organisation to which
the MoD will provide comment or responses in relation to
journalistic enquiries.
Leigh Day's urgent letter notes that such a policy would be a
serious breach of Article 10 ECHR, including the right to hold
opinions and to receive and impart information and ideas without
interference by public authority.
The actions of the MoD press team may also contravene duties of
impartiality and neutrality set out in the Government Communication
Service Propriety Guidance as well as the Civil Service Code.
The letter asks the MoD to explain the full content of the policy
and the basis and reasons for it. Declassified will consider legal
action if the response is not satisfactory.
The letter comes after a level 2 press freedom alert was issued
on the matter by the Council of Europe on Friday.
The Society of Editors and the International Press Institute have
also raised concerns with the MoD.
The press freedom alert requires the UK government to provide a
formal response to why it has blacklisted Declassified. Despite
this, the MoD has not provided Declassified with any further
information since telling the group that it would no longer engage
with it on 25 August.
Mark Curtis, Editor of Declassified, said:
"We think our investigative work has been ground-breaking in
informing the public about numerous government policies which other
media have not covered. It raises serious questions if it is for
this that the MoD is blacklisting Declassified.
"Ministers speak a lot about freedom of the media and the
importance of holding governments to account. But our ability to do
precisely this is being halted by a public body which seems to
believe it can pick and choose to whom it provides information.
This is unacceptable and a deterrent to critical
journalism."
Tom Short (solicitor) and Tessa Gregory (Partner) from Leigh
Day's Human Rights team are instructed by Declassified.
Tom Short said:
"It is a matter of great concern that the MoD appears to seek
to silence critical public-interest journalism by blacklisting our
client and excluding them from the normal comment and response
process that all other journalists continue to be able to
use.
"Our client's concern that this policy stifles open
journalism in retaliation for Declassified's coverage of the
UK's role in the war in Yemen is compounded by the unfair
process by which the MoD has implemented it.
"The MoD has refused to explain the basis for the
blacklisting, gave no advance notice of the policy, and has denied
our client any opportunity in advance to make representations in
opposition to it."
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