Judgment Approved by the court for handing down.
Miranda v SSHD
terrorists. My understanding of the technology from material in
the public domain is that it enables security and intelligence
services to monitor email traffic. Accordingly, I considered that
if nothing was done to try to prevent further damaging
disclosures which could directly benefit terrorists, the MPS and
I personally would be failing in our obligation to prevent the
loss of life, safeguard the public to [sic] prevent and detect
crime. For all these reasons I considered that the use of a
Schedule 7 stop was proportionate.”
72.
Mr Miranda challenged the evidence that there was a genuine belief that his activity
could endanger life or facilitate terrorist attacks. Both he and Mr Greenwald asserted
in their witness statements that the defendants were well aware that Mr Miranda’s
possession of the material that was seized was in connection with journalism, not
terrorism.
73.
Laws LJ rejected the suggestion that the defendants did not believe that Mr Miranda’s
possession of the material presented any real danger to national security or risk of loss
of life. He said at para 56 that there was “no perceptible foundation for such a
suggestion”. He added that Mr Miranda’s evidence did not engage with the
defendants’ evidence as to the substance of the threat posed by Mr Miranda’s
possession of the material. The nearest Mr Greenwald came to an engagement with
the defendants’ evidence as to the actual or potential damaging effects of the
dissemination of material seized from Mr Miranda was in the following paragraphs of
his witness statement:
“51. It is absurd to suggest that because the material, if it ever
fell into the hands of terrorists could in theory be used for
terrorist purposes, then there is a justification for using counterterrorist measures to take that material from responsible
journalists publishing material through respected international
media organisations (original emphasis).
52. Nowhere in their evidence do the defendants’ witnesses
positively indicate that any disclosure has actually threatened or
endangered life or any specific operation. In my view, this is
not surprising, given the care we took not to create such a risk.”
Responsible journalism
74.
Mr Miranda and Mr Greenwald placed much weight on the need to have regard to the
importance of “responsible journalism” as a factor when weighing the competing
interests in this case. Laws LJ dealt with this issue at para 58:
“Thirdly, Mr Greenwald’s account (paragraph 33) of the “many
ingredients to the sensible reporting of very sensitive
information” is insubstantial; or rather, mysterious – the reader
is left in the dark as to how it is that “highly experienced
journalists and legal experts” (paragraph 33(1)) or
“[e]xperienced editors and reporters” (33(2)) are able to know
what may and what may not be published without endangering
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