Judgment Approved by the court for handing down. Miranda v SSHD established in our law. As Lord Sumption said in Bank Mellat v Her Majesty’s Treasury (No 2) [2014] AC 700, [2013] UKSC 39 at para 20: “… [T]he question depends on an exacting analysis of the factual case advanced in defence of the measure, in order to determine (i) whether its objective is sufficiently important to justify the limitation of a fundamental right; (ii) whether it is rationally connected to that objective; (iii) whether a less intrusive measure could have been used; and (iv) whether, having regard to these matters and the severity of the consequences, a fair balance has been struck between the rights of the individual and the interests of the community.” 60. The issue raised by the third ground of appeal is whether the Divisional Court adopted a flawed approach to the fourth limb of the test for proportionality. In short, Mr Ryder submits that Laws LJ erred in considering that there was evidence that demonstrated that a fair balance had been struck between Mr Miranda’s article 10 rights (derived from his involvement in journalistic activity) and the wider security interests of the community. 61. An assessment of the proportionality of a decision to exercise the stop power is factsensitive. It is necessary to have regard to the interests of the person who is to be stopped on the basis of the facts as they were or ought to have been known to those who exercised the power. Against those interests there must be weighed (on the facts of this case) the national security interests of the community. At the heart of Mr Miranda’s case is the submission that the material that he was carrying was “journalistic material” whose publication engaged article 10 of the Convention. It is common ground that, for present purposes, “journalistic material” is to be taken to mean “material acquired or created for the purposes of journalism”: see the definition in section 13(1) of the Police and Criminal Evidence Act 1984 (“PACE”). Is the balancing exercise to be conducted on the basis that the material was journalistic material? 62. Mr Kovats and Mr Beer QC submit that, if those who authorised and conducted the port stop did not know (and could not reasonably have been expected to know) that Mr Miranda was in possession of journalistic material, then the proportionality of the decision to conduct the stop cannot be assessed on the basis that he was carrying such material. This is reflected in the Grand Chamber decision of the ECtHR in Pentikainen v Finland (App no 11882/10, judgment of 20 October 2015). In that case, the applicant (a journalist) was sent by his employer (a weekly magazine) to take photographs of a demonstration and to write a report for the magazine. He was apprehended and detained by the police. He was later charged and found guilty by the domestic courts of disobeying the police. He complained that this was in breach of his article 10 rights. It was held by the court that there had been an interference with his article 10 rights. The real issue was whether the interference was proportionate to the legitimate aims pursued. In relation to his apprehension, the court said at para 95: “…the Court will pay attention to whether the police orders were based on a reasonable assessment of the facts and whether the applicant was able to report on the demonstration. It will