Posts Tagged ‘production order’

Protecting Journalistic Materials Motion

27th February, 2013

The following motion was passed at the London Photographers’ Branch on Tuesday 26 February 2013.

The London Photographers’ Branch notes with serious concern the proposals for government changes to Special Procedure Material and protection of journalistic sources under the 1984 Police and Criminal Evidence Act (PACE).

During the Leveson inquiry the Metropolitan police urged Lord Justice Leveson to weaken laws protecting journalistic material, sources and whistleblowers. Although the police would still need to apply to a judge for a Production Order under PACE, the new proposals would allow police to seize journalistic material without first proving they have attempted to get evidence elsewhere.

This overturns the 2012 Dale Farm ruling by Judge Moses in the Royal Courts of Justice, legitimising the previous unlawful use of Production Orders. The ability to seize Special Procedure Material would become a simple matter of legal routine, drastically damaging UK press freedom and independence from the police and state.

It is likely to breach the European Convention on Human Rights and contrary to existing European and UK case law.

The London Photographers’ Branch opposes these government proposals to amend PACE and calls on the National Union of Journalists (NUJ) to respond robustly to the government and calls for dialogue with news organisations, broadcasters and other trade unions to build a united opposition.

NUJ Fights to Protect Journalistic Sources

11th February, 2013

 

Greater Manchester Police have applied for a production order with a hearing on Monday 18 February compelling NUJ member and video journalist Jason N. Parkinson to hand over footage to the police.

The application is for all published and unpublished footage shot between the hours of 10.30am and 12.30pm at the English Defence League (EDL) march and counter protest organised by Unite Against Fascism (UAF) in Bolton on Saturday 20 March 2010.

Mr Parkinson with the full support of the NUJ intends to oppose the production order.

Jason Parkinson said: “I am not willing to hand unpublished material over. Journalists report the news and are not evidence gatherers for the police or anyone else. To do so would endanger the safety of all journalists in similar situations in the future. We would not be regarded as independent and would become greater targets from all sides.

“Also handing over the footage could overturn the incredibly important victory for press freedom we achieved fighting the Dale Farm production order last year.”

Michelle Stanistreet, NUJ general secretary said: “Jason Parkinson is a front line journalist and should have the right to work in the public interest without fearing he will be forced to hand over his footage. The union will continue to support Jason’s campaign to protect journalistic sources and material.”

Jason was served a production order in 2011 for all footage shot over the two days of the Dale Farm eviction in Essex. Major national broadcasters also opposed the production order. In a united effort, the NUJ led an eight-month battle in partnership with the BBC, ITN, Sky and Hardcash Productions that ended in the Royal Courts of Justice. In May 2012 Judge Moses overturned the original Dale Farm production order in a huge win for press freedom in the UK.

Related Material

Dale Farm Production Order Overturned

NUJ and Broadcasters Granted Judicial Review

Why I’m Resisting the Dale Farm Production Order

Solidarity to Northern Ireland Broadcasters Fighting Production Order

3rd November, 2012

The following motion was passed unanimously by the London Photographers’ Branch on Tuesday 30 October 2012.

“The London Photographers’ Branch (LPB) wishes to send a message of solidarity to broadcasters in Northern Ireland who are fighting a court order seeking all footage over violent clashes in North Belfast this summer.

The BBC, Ulster TV, Sky News and the Press Association have joined forces in resisting the application that seeks all unbroadcast material and photographs taken during the 12 July disorder in the Ardoyne area. Read the rest of this entry »

LPB Production Order DM Motion

8th October, 2012

The following motion was passed unanimously at the 2012 NUJ Delegate Meeting in Newcastle.

This DM notes with alarm the increase use of Production Orders by police to seize photographs, footage and audio recordings made by professional journalists at public order events such as the student protests, the 2011 summer riots and the Dale Farm eviction. Read the rest of this entry »

Production Order – challenging false allegations

7th June, 2012

It has come to the attention of the London Photographers’ Branch (LPB) committee that scurrilous rumours have been circulated about LPB branch secretary Jason Parkinson in relation to the Production Order case.

The defamatory allegations refer to the Dale Farm Production Order legal challenge mounted by the NUJ and other news organisations to defend unpublished material gathered over two days of the traveller site eviction last year.

The allegation that has been circulated states that Jason had already handed the unpublished footage to the police.

Jason categorically denies this mischievous, false allegation, and both he and the branch committee are appalled that it has been made and circulated.

The Branch Committee totally supports Jason and will investigate the source of this misinformation which potentially damages the NUJ, the Production Order campaign and Jason’s professional, journalistic reputation.

We would like to take this opportunity to congratulate Jason for his courageous stand against the production order and the hard work of our NUJ legal team in winning a landmark victory for the NUJ and press freedom.

LPB Branch Committee

(Passed unanimously)

 

Dale Farm Production Order Overturned

17th May, 2012

 

Video journalist Jason N. Parkinson with NUJ supporters outside the Royal Courts of Justice before the Dale Farm production order judicial review. © Jess Hurd/reportdigital.co.uk

The NUJ and other media organisations have won the judicial review at the Court of Appeal following the decision by Chelmsford Crown Court to grant the Dale Farm footage production order. The decision to force journalists to hand over unbroadcast footage has been overturned.

Michelle Stanistreet, NUJ general secretary said: “Today is a huge victory for the cause of press freedom and the protection of sources and journalistic material. We are incredibly pleased that the NUJ and other media organisations have won the High Court battle against the police production order to force journalists to hand over their Dale Farm eviction footage.”

Jason Parkinson, who challenged the order said: “This ruling to overturn the Crown Court’s decision to grant the Dale Farm production order sends a very clear message to all police forces that these wide-ranging fishing trips will not be accepted by the UK courts and that we will not be forced into to role of unwilling agents of the state. We are not there as evidence gatherers to fill police intelligence databases with hours of material on activists or protestors, we are journalists and we are there to report the news and keep the public informed.

In the last 18 months, every time one of these orders has been served it has put journalists in greater danger while trying to report on public order situations. I know this because I have been threatened and assaulted by people claiming my material will be used by the police. I am very happy to see Judge Moses has recognised the impact these orders have on the safety and impartiality of all journalists and has made sure any future production order applications must take this into account, as was clearly not the case this time round.”

This victory would not have been possible without the support of the NUJ legal team and campaign department. Special thanks to our General Secretary Michelle Stanistreet for her support, Roy Mincoff from the NUJ legal department, Sarah Kavanagh and Frances Rafferty from the NUJ campaign department, Martin Rackstraw from Bindmans Solicitors, Gavin Millar QC and all our campaign supporters.

We should not underestimate the significant stress and energy that go in to challenging such production orders, especially for freelancers, whose reputation and safety is on the line. It is extremely important that the High Court has acknowledged and reinforced the independent role of frontline journalists and their safety in gathering the news for future public order situations.

Press Clippings:

Read Guardian, Independent, ITN, BBCPress Gazette articles.

 

 

Defending Journalism – Judicial Review

12th April, 2012

Not FIT design © Jason N. Parkinson

On Wednesday 25 April 2012 freelance journalists and broadcasters will enter the Royal Courts of Justice on the Strand in London, to fight for Judicial Review on the Dale Farm Production Order.

The National Union of Journalists has called the “Not FIT” protest at 9.15am outside the court, to defend journalism and to send a clear message the police – we will not be forced through production orders into being evidence gatherers for the police. ”Not FIT” refers to police evidence gather units known as Forward Intelligence Teams (FIT).

All those involved in the Dale Farm production order case have shown great concern at the increase in the use of production orders against the media over the last 18 months and the fear is journalists are being forced into becoming the eyes and ears of the state. The consequences of this can have serious implications towards the impartiality and safety of journalists in the future.

Please come and show your support in the latest battle for press freedom, to tell the police and the state, we are “Not FIT”.

The protest will be held at 9.15am, Wednesday 25 April 2012.

The Defending Journalism Parliamentary Meeting will be on Thursday 19 April 2012.

Previous posts

NUJ and Broadcasters Granted Judicial Review

Why I’m Resisting the Dale Farm Production Order

Journalists Not Evidence Gatherers

We Are Press Not Police Intelligence

Protecting Journalistic Material

Defending Journalism: Parliamentary Discussion

12th April, 2012

In the build up to the Dale Farm Production Order Judicial Review the National Union of Journalists (NUJ) has organised an event in parliament to discuss the protection of sources and journalistic material.

The event is being hosted by Austin Mitchell MP in the House of Commons on Thursday 19 April starting 6.30pm.

Under discussion will be the News International Management and Standards Committee, the increased use of Production Orders and the legislative landscape.

Speakers confirmed so far include:

John Battle – ITN Head of Compliance

Gavin Millar QC – Doughty Street Chambers

Michelle Stanistreet – NUJ general secretary

Jason Parkinson – NUJ freelance video journalist facing Dale Farm production order

More speakers to be confirmed.

The Judicial Review of the Dale Farm Production Order will start on Wednesday 25 April at the Royal Courts of Justice. The start of the Judicial Review will be marked by the “Not FIT” protest at 9.15am organised by the NUJ and London Photographers’ Branch (LBP).

To attend please RSVP the NUJ Campaigns department.

Previous posts

NUJ and Broadcasters Granted Judicial Review

Why I’m Resisting the Dale Farm Production Order

Journalists Not Evidence Gatherers

We Are Press Not Police Intelligence

Protecting Journalistic Material

NUJ & Broadcasters Granted Judicial Review

18th March, 2012

On Friday afternoon, 16 March 2012, we received conformation that the application for judicial review on the Dale Farm production was accepted by the High Court.

Following the October 2011 eviction police served production orders on all professional camera teams that covered the operation at the Dale Farm Irish Travellers site at Cray’s Hill in Essex. The court orders were to deliver all the footage shot over two days. Read the rest of this entry »

NUJ Appeals Dale Farm Production Order

29th February, 2012

Enter Dale Farm: A riot police officer points a taser gun

Following the case that lasted several months spanning 2011 and 2012 at Chelmsford Crown Court and the subsequent ruling against those involved, I can now report the National Union of Journalists (NUJ) has submitted an appeal to challenge the production order forcing journalists, media organisations and broadcasters to submit all their footage to the police.

The legal challenge is in response to a court decision requiring those involved to comply with the production order and hand over all footage gathered over the first two days of the Dale Farm eviction to Essex police.

In today’s press release those applying for appeal in addition to myself are the BBC, ITN, BskyB, Hardcash Productions. Read the rest of this entry »