Press Freedom And The Transit Lounge

Michael Hedges August 26, 2013 - Follow on Twitter

Occupying the news cycle for an entire day or two was the story of authorities detaining a traveler in transit. It grew precipitously as details emerged; a major newspaper involved, electronic devices confiscated, wobbly statements from authorities. Add to that whistleblowers and spies for sufficient theatrics.

David Miranda may or may not have known that his journey from Berlin to Rio de Janeiro a week ago Sunday (August 18) would entail a longer than usual pause in the transit lounge at London’s Heathrow airport. He was held nine hours – the legal limit – and interrogated by yet unidentified persons under the UK Terrorism Act of 2000, Schedule 7, which gives authorities the right to detain but not explain. His laptop, mobile phone and other electronic devices were taken away. He was, he said, coerced into giving up passwords. UK authorities have over the years detained thousands of persons at airports, ports and train depots under Schedule 7, meant originally to thwart Irish Republican Army (IRA) terrorists.

But Mr. Miranda, by all accounts, has no connection to terrorist groups. He is the civil partner of Guardian journalist Glenn Greenwald, who is primarily responsible for bringing whistleblower Edward Snowden to international notoriety. Mr. Snowden spent several weeks in the transit lounge at Moscow’s Sheremetyevo International Airport while governments argued about his legal status. Mr. Miranda and Mr. Greenwald live in Rio while Mr. Snowden remains in an undisclosed Russian location after obtaining a temporary visa.

The UK news media, led conspicuously by the Guardian, had a field day unleashing detail after detail, charges and counter-charges, remonstrations and accusations. Guardian editor-in-chief Alan Rusbridger then revealed that government agents had demanded the destruction of computer hard-drives and related memory devices, property of the newspaper, that might have contained files surreptitiously acquired by Mr. Snowden on the data acquisition activities of the US National Security Agency (NSA) and its relationship with the similar UK spy agency Government Communications Headquarters (GCHQ) and not yet reported by Mr. Greenwald or published by the Guardian. Whistleblowers and reporters who tell their stories are not universally gifted with accolades.

An individual citizen’s right to privacy in communication, like near-relative data protection, is subject to considerable debate. To protect citizens from terrorist acts and other criminality governments have applied legal measures to acquire access to email, phone records and internet activity often through cooperating privately-owned service providers. Civil libertarians have a problem with spying on individuals by secret government agencies or anybody else. Then, too, privacy is so last century, as Facebook founder Mark Zuckerberg clarified.

“It is highly questionable that the Guardian has had to destroy its hard disk and that Mr. Miranda should have been held on suspicion of terrorism for hours,” said Dutch Member of the European Parliament (MEP) Sophie In t'Veld in a statement. “Just as with extraordinary rendition some years ago, Governments cannot be given a carte blanche to do whatever they like in the name of national security. Press freedom and individual liberty cannot be sacrificed in a genuine democracy. They are the very pillars on which our society is built.”

“These measures, if confirmed, may have a potentially chilling effect on journalists’ freedom of expression as guaranteed by Article 10 of the European Convention of Human Rights,” said Council of Europe (CoE) Secretary General Thorbjørn Jagland. Repeating, in a sense, other ‘chilling effect’ warnings to errant CoE Members, he asked the UK government to “provide information on these reports and comments on the compatibility of the measures taken with the UK’s obligations under the Convention.” With the exception of a Twitter comment by Justice Commissioner Viviane Reding “fully sharing Mr. Jagland’s concerns,” the European Commission, rallying to trade talks with the US, remained officially silent.

Privacy rights and press freedom have consumed UK newspaper publishers and politicians in recent years. Phone hacking charges – spying by any other name – and complicit, perhaps illegal relationships have diminished both. The trial date for a former News Corporation executive and a former Conservative Party communications advisor was curtly delayed for two months last week (August 22) “for legal reasons.” UK government officials repeated at length as Mr. Miranda’s story gained traction that they have not been embarrassed by anything. “The lady doth protest too much, methinks,” said Queen Gertrude in the best English theater.

The pedantic theatrics of requiring a computer hard-drive smashed and holding in custody a journalist’s civil partner for nine hours can only be explained as more tit-for-tat in the expanding battle between news media and government officials. “Never pick a fight with someone who buys ink by the barrel,” observed Mark Twain more than a century ago. Adapted for today’s news media, it’s wise to avoid a fight with a publisher unencumbered by a paywall.

See also in ftm Knowledge

Press/Media Freedom - Challenges and Concerns

Press and media freedom worldwide is facing challenges from many corners. As authoritarian leaders impose strict control over traditional and new media with impunity, media watchers have concerns for democracy. This ftm Knowledge file accounts the troubles of this difficult decade. 88 pages. PDF (December 2011)

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UK Newspapers

The newspaper market in the UK is among the worlds most competitive. The publishers are colorful, editors daring, journalists talented and readers discerning. ftm follows the leaders, the readers, the freebies and the tabloids. 83 pages PDF (October 2010)

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