Judgment Approved by the court for handing down. Miranda v SSHD 111. I also accept the submission of Liberty that it would be impractical to assume that an average journalist passing through a port and detained under Schedule 7 would have the ability to obtain emergency interim injunctive relief preventing examination of his confidential journalistic material after it had been seized under Schedule 7 in advance of a judicial review hearing on the question of whether the seizure was compatible with his article 10 and common law rights. The differences between article 10 in relation to journalistic material on the one hand and articles 5 and 8 on the other are such that I do not consider that the reasoning in Beghal is dispositive of the present case. The considerations are materially different. 112. As regards the second set of reasons given by Laws LJ, I need to consider the constraints on the exercise of the power that he held to amount to adequate safeguards. These are (i) the requirements of the general law that the power be exercised on a reasoned basis, proportionately and in good faith; (ii) the limitation on the meaning of terrorism given by reference to the mental or purposive elements prescribed by section 1(1)(b) and (c) of TACT; (iii) the fact that the power may only be exercised “at a port or in the border area”; and (iv) the fact that the power of detention is limited to nine hours. 113. I accept that these are constraints on the exercise of the power, but in my judgment they do not afford effective protection of journalists’ article 10 rights. The central concern is that disclosure of journalistic material (whether or not it involves the identification of a journalist’s source) undermines the confidentiality that is inherent in such material and which is necessary to avoid the chilling effect of disclosure and to protect article 10 rights. If journalists and their sources can have no expectation of confidentiality, they may decide against providing information on sensitive matters of public interest. That is why the confidentiality of such information is so important. It is, therefore, of little or no relevance that the Schedule 7 powers may only be exercised in a confined geographical area or that a person may not be detained for longer than nine hours. I accept that the fact that the powers must be exercised rationally, proportionately and in good faith provides a degree of protection. But the only safeguard against the powers not being so exercised is the possibility of judicial review proceedings. In my view, the possibility of such proceedings provides little protection against the damage that is done if journalistic material is disclosed and used in circumstances where this should not happen. An important rationale for the principle of legal certainty that underpins the concept of “prescribed by law” is that there should be adequate safeguards against arbitrary decision-making. Unlike the position in relation to article 5 and 8, the possibility of judicial review proceedings to challenge the rationality, proportionality and good faith of a decision to interfere with freedom of expression in cases involving journalistic material cases does not afford an adequate safeguard. 114. Laws LJ may be right in saying that the ECtHR has not developed an “absolute” rule of judicial scrutiny for cases involving State interference with journalistic freedom. But prior judicial or other independent and impartial oversight (or immediate post factum oversight in urgent cases) is the natural and obvious adequate safeguard against the unlawful exercise of the Schedule 7 powers in cases involving journalistic freedom. For the reasons that I have given, the other safeguards relied on by Laws LJ provide inadequate protection.