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Dale Farm: News media win legal fight over footage

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Fran Unsworth Fran Unsworth | 17:40 UK time, Thursday, 17 May 2012

The Ö÷²¥´óÐã, like other broadcasters, has a well-established process in place for dealing with police requests for untransmitted footage. Put simply - we require requests for such material to be made through the courts.

We have to consider in each case whether an order is justified and occasionally we conclude that it isn't and that it's necessary to challenge it. On Thursday a successful challenge was made which led to a significant ruling from the courts which fundamentally reinforces the independence of news organisations from the police.

A police officer stands guard as bailiffs dismantle barricades at the Dale Farm Traveller site, October 2011

Ö÷²¥´óÐã, SKY, ITN, Hardcash Productions and freelance journalist Jason Parkinson went to a Judicial Review to overturn a decision by Chelmsford Crown Court to grant a wide-ranging production order to hand over all footage from the Dale Farm evictions to Essex Police.


In this case the order was so wide ranging it amounted to a fishing expedition. We believe journalists must maintain their independence, must not be seen as evidence gatherers and must not have their safety compromised. There is a real concern that our crews would be prevented from doing their job if the subjects they were filming thought the material was inevitably going to be passed onto the police. All of these things would be undermined by the courts agreeing to unfocused and speculative applications for footage.

The broadcasters won the challenge and the footage as requested won't now be released.

But, more importantly that that, today's guidance makes it clear that applications must be supported by proper evidence, must be focused and proportionate and the court has acknowledged that the over-use of production orders may make it harder for the press to do its job.

This won't change the way we deal with such requests in the future - our processes are tried and tested and designed to protect the independence of our journalism and the safety of our staff, whatever the subject of the footage. This remains an important principle and one which we will continue to take very seriously.

But the Ö÷²¥´óÐã, and other broadcasters, have been getting an increasing number of such police requests, which most people hear little about as they pass through the courts, and this ruling will significantly benefit both news organisations and our audiences.

Fran Unsworth is head of Newsgathering at Ö÷²¥´óÐã News.

Comments

  • Comment number 1.

    So if you happened to have a piece of footage that might determine my innocence, I would have to go through the courts to obtain it - always assuming I could afford such a step.
    When journalists trot out the cry of independence, it is usually a pseudonym for self-interest.

  • Comment number 2.

    TSBradshaw - If the footage was of yourself, then that would be a freedom of information request, and not a fishing trip by the police and I sure it would be handled differently.

  • Comment number 3.

    Ö÷²¥´óÐã journalists must fight to maintain their "independence" - you are having a laugh aren't you? Ö÷²¥´óÐã journalism lost all credibility years ago. Any story that promotes Cultural Marxism is given full coverage. Anything that does not fit with the Ö÷²¥´óÐã mantra is quietly ignored. Imagine the Ö÷²¥´óÐã NOT fulfilling a request for footage from the Police if it featured the BNP, EDL or NF?

  • Comment number 4.

    I was going to comment, but then I was told that I was a few hundred over the character count. How, can we encourage serious argument and debate, when it seems that all that counts is the word count?

    This can lead to debates that never properly deal with the issues, and are therefore a waste of time.

    This is a serious issue, it needs space for serious comment.

  • Comment number 5.

    I think the Ö÷²¥´óÐã does well at maintaining their independence.

    The fact that they are accused from all sides of being biased is evidence of that fact.

  • Comment number 6.

    I wonder how much protection the police will give to the media the next time something like this happens again. If you are in with the protesters filming what happens you are going to be a target.

  • Comment number 7.

    DMaple - I doubt you could make a freedom of information request to the Ö÷²¥´óÐã or any other news organisation. FoI requests are made to public bodies and the Ö÷²¥´óÐã is unlikely to be classed as a public body, even given its unique funding method, and neither will any of the other news organisations.

  • Comment number 8.

    Darran - Maybe DMaple wouldn't be able to use the FoI but could use the Data Protection Act if the information is about their self.

  • Comment number 9.

    Ö÷²¥´óÐã and the the other parties, including sky, are to be congratulated on fighting to protect the rapidly vanishing freedom our media need. Thanks.

  • Comment number 10.

    Well done !

    It's about time excessive police powers were brought under control.

  • Comment number 11.

    Question: If a piece of film footage were to contain evidence of criminal behaviour, would witholding it not amount to perverting the course of justice? Or does the "independence" of journalists give them exemption from that charge? If an application requires to be supported by "proper evidence" what if that evidence is contained within the footage?

  • Comment number 12.

    Smartie, the point here is that the police were not requesting specific footage while investigating a specific crime. They just wanted to look at it all to see if they could find evidence of anything. If you allowed them to do that, then by the same reasoning they could look at any footage or photographs that anyone holds to check for any crime. Which, I'm sure you'd agree, is a bit invasive.

  • Comment number 13.

    ONCE AGAIN THE POWER-TRIPPING POLICE HAVE SHOWN THEMSELVES TO BE A DISGRACE AND COMPLETELY UNFIT FOR OUR GREAT COUNTRY IN SUCH A BLATANT BREACH OF CIVIL LIBERTIES.

    THANK YOU Ö÷²¥´óÐã FOR STANDING UP FOR THE BASIC RIGHTS AND FREEDOM OF OUR CITIZENS. TO SAY YOU GUYS REPRESENT THE BEST OF BRITAIN IS AN UNDERSTATEMENT. WE ALL OWE A HUGE DEBT TO THE Ö÷²¥´óÐã, NEVER WAS SO MUCH OWED BY SO MANY TO SO FEW.

  • Comment number 14.

    Complaints that if there was evidence of either a crime or something that will prove innocence are silly. If you knew there was footage it would be easy to have any news org compelled by a court to produce it.

    This case is the police trawling through video looking for things they maybe didn't know about rather than related specific incidents.

  • Comment number 15.

    i truly pity the british populace. they disarmed you, now they abuse you. never in the USA, and from my cold dead hands.

  • Comment number 16.

    Less we forget....The heavy handed and 'over-the-top' coverage of this media circus by, primarily, the Ö÷²¥´óÐã, contributed significantly to the violence by encouraging 'playing to the camera'. It is a disgrace....

  • Comment number 17.

    It is vital that the media can operate independently, a free press is the cornerstone of democracy.

    Unfortunately the Ö÷²¥´óÐã takes a biased approach to most subjects and chooses which side is correct and which is wrong.

    By choosing to edit its news along biased lines it fails to be a free independent news media.

    The threat isn’t the police, it is the biased attitude of the Ö÷²¥´óÐã.

  • Comment number 18.

    So here we have the Ö÷²¥´óÐã patting itself on the back yet again when it really should be doing something about its extraordinary lefty bias in its "reporting" on any subject under the sun.

    The Ö÷²¥´óÐã is in dire need of introspection and self-analysis.

  • Comment number 19.

    5. At 21:44 17th May 2012, Konran - evidence of that fact.'

    It's an interesting argument, all the more so to see trotted out on this template still.

    On analogies CSI, fact and evidence, it equates to the team taking a temperature reading from the torso of a very dead corpse lying with head in the oven and feet in the freezer, and pronouncing it alive and well.

  • Comment number 20.

    4. At 20:53 17th May 2012, VeniVediVocali - space for serious comment.

    Indeed. They have 'improved' this risible system to make it near useless. Were the Ö÷²¥´óÐã not so unique they'd pay the consequences of such deliberate cynical manipulation.

  • Comment number 21.

    11:09 19th May 2012, JunkkMale,

    The Ö÷²¥´óÐã has Twitterised and Facebookated much of its output. It has embraced those sites with great enthusiam. That's a pity because it has led to a trivialising of debate.

  • Comment number 22.

    'journalists must.. not be seen as evidence gatherers'

    Given some tweets between activists and 'reporters', the line between telling any story and incitement can be 'interesting'.

    If those doing the filming are complicit in what is being filmed, what then?

  • Comment number 23.

    Well done beeb , all about rights and nothing about responsibilities.
    Perhaps you could do a poll of your financial contributors and see what they think!

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