UK: Victory for protection of sources

A London court has backed journalist Chris Mullin's appeal against a police order for him to reveal his sources, in a major victory for media freedom. West Midlands Police had sought an order to force the former MP and journalist to disclose the source for articles he published which revealed the innocence of six men wrongly jailed for two pub bombings in 1974. The court backed Mullin's refusal to hand over his source in a landmark decision on 22 March. The International Federation of Journalists (IFJ) together with the National Union of Journalists (NUJ) who had backed his case, have welcomed Mullins' victory.

Chris Mullin - Credits: Mark Thomas

In 1974, a bomb attack struck two pubs in Birmingham, a major city in England's West Midlands region. The bombings were attributed to the Irish Republican Army (IRA) and killed 21 people. Mullin wrote a book that helped secure the release of six men wrongly convicted of the atrocity.

During the investigation, the real bomber made a "full confession" to him, a court hearing in London was told last month. But the journalist had promised the source anonymity at the time of the interview and never to reveal his identity.

West Midlands Police had applied for an order compelling Mullin to disclose material relating to 1985-1986 investigation under the Terrorism Act.

Mullin's lawyer, Louis Charalambous, said the ruling "was a milestone for free speech," and acknowledged the public interest in exposing a miscarriage of justice. "If a confidential source cannot count on a journalist's promise of lifetime protection, then these investigations will never see the light of day," he added.

Mullin had already accused the police of failing to conduct a proper investigation. Had they done so, he argued, "they could have caught the real perpetrators from the beginning."

In the judgment, Judge Mark Lucraft finally backed Mullin, who was supported in the case by the NUJ, and said he did not have to hand over his notes to the police.  
 
Michelle Stanistreet, NUJ General Secretary said: “This judgment is a hopeful beacon at a time when we rely more than ever on dependable news, despite journalists facing mounting legal challenges. Few reporters have been more courageous and dogged than Chris Mullin, nor have they been so spectacularly vindicated."

Chris Mullin thanked the NUJ and his legal team and said: "My actions in this case were primarily in the public interest. They led to the release of six innocent men after 17 years in prison, the winding up of the notorious West Midlands Serious Crime Squad and the quashing of some 30 wrongful convictions. This case also led to the establishment of a Royal Commission which, among other reforms, led to the creation of the Criminal Cases Review Commission and the quashing of another 500 or more wrongful convictions. My research is also the main reason why the identities of three of the four terrorists are known."

Anthony Bellanger, IFJ General Secretary, welcomed the Court decision and said: " The protection of journalists' sources is one of the fundamental pillars of our profession.  We warmly applaud this landmark decision which reminds us all of of our commitment to observing professional secrecy regarding the source of information obtained in confidence."

For more information, please contact IFJ on +32 2 235 22 16

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