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The Dutch TV show Onopgeloste zaken investigates unsolved cases, which usually leads to a confrontation with a person on camera. In this particular case, a person confronted about possible wrongdoing considered the confrontation to be a violation of his privacy and brought proceedings against the TV show. The claimant was approached by a family, asking him to store their furniture while they were renovating their house. Upon completion of the renovation they wanted their furniture back, but it seemed that the claimant’s company could not be reached by phone or mail. Thereupon the family approached...

The case concerned the legality of the stopping and searching of David Miranda at Heathrow Airport in 2013, who was believed to be carrying information relating to the Snowden disclosures which had been published in The Guardian newspaper (see IRIS 2016-2/28). Miranda is the spouse of Glenn Greenwald, a journalist who at the material time was working for The Guardian. The police relied on the Terrorism Act 2000 (TACT), and the High Court held that the actions of the police were legal, but gave leave to appeal. The Court of Appeal suggested that there were three questions before it: (a) the definition...

Erol Incedal, a 28-year-old law student from south London, was arrested in October 2013 and found to be in possession of a bomb-making manual on a memory card hidden inside his mobile phone case. He had been stopped for speeding in an E-class Mercedes, and a piece of paper inside his glasses case had a note of the address of a property owned by ex-prime minister Tony Blair and his wife. Following an almost totally secret trial, he was cleared of plotting a terrorist attack on the streets of London but was imprisoned for having the manual in his possession. Only 10 of the almost 70 hours of evidence...

The European Court of Human Rights (ECtHR) has once more confirmed the strong protection that is to be given to journalists’ sources, in a case also related to the disclosure of confidential information and the protection of whistle-blowers. The Court is of the opinion that the Turkish authorities have violated the right to freedom of expression of journalists, reporting on important matters related to the armed forces. The magazine Nokta published an article based on documents classified “confidential” by the Chief of Staff of the armed forces in Turkey. It revealed a system...

On 19 January 2016, the Minister for Justice and Equality announced the establishment of an independent review of the law on access to the phone records of journalists. The review will be carried out by a former Chief Justice, the retired Mr. Justice John Murray, who is also a former judge of the Court of Justice of the European Union (CJEU). The purpose of the Murray Review will be to “examine the legislative framework in respect of access by statutory bodies to communications data of journalists held by communications service providers.” This will include taking account of “the principle of protection...