There are currently two fronts to the assault on journalism, free speech and a free press in this country. One is the slow chipping away at media autonomy and the ratcheting up of regulation, ostensibly to protect the privacy of the ordinary citizen but really (and quite transparently) all about protecting the interests and the secrets of the wealthy or celebrity elites. The charge on this front is currently led by the likes of Lord Leveson and his report on press regulation.

But the other is much more daring and ambitious. It has nothing to do with tying the press up with legal obstacles to publishing the news, and everything to do with making a very public show of bullying and shaming newspapers who dare to expose illegal or secretive government activity into cowed silence as a warning to others. We now know precisely the extent to which this took place when The Guardian newspaper was forced – in the presence of observers from GCHQ – to destroy the computer equipment in its possession which held the leaked information from the American whistleblower Edward Snowden.

The Guardian reveals:

In two tense meetings last June and July the cabinet secretary, Jeremy Heywood, explicitly warned the Guardian’s editor, Alan Rusbridger, to return the Snowden documents.

Heywood, sent personally by David Cameron, told the editor to stop publishing articles based on leaked material from American’s National Security Agency and GCHQ. At one point Heywood said: “We can do this nicely or we can go to law”. He added: “A lot of people in government think you should be closed down.”

This is the Prime Minister of our country dispatching the top civil servant in the land to personally threaten the editor of a major national newspaper with the forced closure of his publication unless they stop reporting and printing stories and revelations which might be embarrassing to the government.

And intimidation is the only remotely plausible reason for Jeremy Heywood’s visit, because the government was well aware that copies of all the leaked data was held by other news organisations and individuals in other geographic locations, and that destroying only one copy of the files would not prevent the damaging disclosures and news stories:

The government’s response to the leak was initially slow – then increasingly strident. Rusbridger told government officials that destruction of the Snowden files would not stop the flow of intelligence-related stories since the documents existed in several jurisdictions. He explained that Glenn Greenwald, the Guardian US columnist who met Snowden in Hong Kong, had leaked material in Rio de Janeiro. There were further copies in America, he said.

Days later Oliver Robbins, the prime minister’s deputy national security adviser, renewed the threat of legal action. “If you won’t return it [the Snowden material] we will have to talk to ‘other people’ this evening.” Asked if Downing Street really intended to close down the Guardian if it did not comply, Robbins confirmed: “I’m saying this.” He told the deputy editor, Paul Johnson, the government wanted the material in order to conduct “forensics”. This would establish how Snowden had carried out his leak, strengthening the legal case against the Guardian’s source. It would also reveal which reporters had examined which files.

Whether you agree with the actions of Edward Snowden or not, and whether you believe that the British government is justified in allowing the security services to access so much of our personal data at will or that doing so is a gross invasion of privacy and breach of the public trust, I would hope we can all agree that the way in which the Prime Minister’s deputy national security adviser and Cabinet Secretary spoke to a newspaper editor in this country, and the chilling message that they carried, is simply unacceptable in a modern liberal democracy.

In a further brazen move by the government, a hard-to-spot clause in the Deregulation Bill currently before Parliament would allow police to request the seizure and review of journalists’ files and documents in closed, secret court rather than in view of the public (where public disapproval currently stays the hand of any overzealous police chief):

The seizure of journalists’ notebooks, photographs and digital files could be conducted in secret hearings, owing to a little-publicised clause in a government bill aimed at cutting red tape, media organisations have warned.

Requests for notebooks, computer disks, photographs or videos must currently be made in open court and representatives of news groups can be present.

But the clause – in the deregulation bill, which comes before the Commons on Monday – significantly alters the way courts consider so-called “production orders”, stripping out current safeguards.

Although the notebooks and records of journalists can already be seized by police under current law, an application to do so currently has to be made in open court, where the media can be present:

The underlying rules governing whether police can have access to material will remain the same but without media organisations being present it is feared that judges will be more easily persuaded to authorise police seizures of journalistic material. One of the less prominent recommendations of the Leveson inquiry into media standards was that it should be easier for police to obtain journalists’ information. Media organisations already face being charged with contempt of court if they do not comply.

This legislative move proves quite conclusively that the government’s PR / intimidation stunt of forcing The Guardian newspaper to destroy their laptop computers containing files leaked by Edward Snowden was not an isolated incident. Dispatching the Cabinet Secretary to threaten a major news outlet with summary closure unless they comply with government demands may have been the most high profile recent assault on a free press, but the battle is also being waged in more insidious, less headline-grabbing ways. And it must be resisted at all levels.

The government of a free society has no business making it easier for authorities to seize the notes and documents of journalists out of the glare of public scrutiny, just as they should not barge in to a newspaper’s editorial office and issue thinly-veiled ultimatums to comply-or-else.

David Cameron may laugh it off and Oliver Letwin may make some token gestures to soothe the ruffled feathers of those in the journalistic class over the course of the next few days, but this is a deadly serious business. The institutions of democracy, even in an ancient and historical country such as Britain, are ultimately very fragile and liable to being undermined by authoritarians, both well-intentioned and not. And it is deeply concerning when the government can so brazenly and egregiously step over the line delineating protecting the national interest and protecting its own interest, and receive so little censure for doing so.

I hope to see media outlets of all types and political leanings publicly rally to condemn the government and support The Guardian following these latest revelations of state bullying and intimidation. Because there but for the grace of God go us all.

 

Note – Complete footage of Guardian editor Alan Rusbridger’s recent testimony to a Parliamentary committee is here:

 

And footage of the Guardian’s editors destroying their computer equipment under the supervision of GCHQ staff is viewable here.