On 4 September 2020, the Council of Europe (the Council) issued the UK a Level 2 “media freedom alert,” condemning the British state for acting in a way that has a “chilling effect on media freedom”.

The alert came only a day before Prime Minister Boris Johnson took to Twitter to decry Extinction Rebellion’s blockade of newspaper printing presses as an attack on the free press. This curious juxtaposition possibly highlights the intentions of the UK government moving forward, as it continues to tear down the reputation of so-called “activist lawyers” and shun the courts with the recently-announced judicial review panel.

Johnson correctly asserts that a free press is vital to holding the government to account. However, he seems to forget that lawyers and judges are vital to ensuring that his government acts within the boundaries of the law. 

THE COUNCIL OF EUROPE ALERT

Initially, it is important to note that the Council is a separate entity from the EU, evidenced by its sweeping membership of 47 European states. The Council was established by the 1949 Treaty of London and is responsible for the European Convention on Human Rights (ECHR). Its aim is to oversee the rule of law, democracy, and human rights throughout Europe.

The Council issued the alert as a result of reports that the Ministry of Defence (MOD) had essentially blacklisted an investigative media outlet, Declassified UK, which covers foreign and defence policy. A journalist from Declassified UKapproached the MOD for a comment on a story and was denied after being asked what “sort of angle” Declassified UK had “taken on the war in Yemen”. The journalist later discovered that the Telegraph had been provided with a comment on the same story and was told by the MOD that they “no longer deal with your publication”. The government has not yet responded to the alert. 

This is a highly worrying occurrence. The UK now joins authoritarian states Russia and Turkey on the list; both have recently been issued with the same Level 2 alerts. This is far from ideal for the UK, a country which purports to have a strong human rights record, particularly in relation to free speech.

It is a well-established democratic principle that criticism of the executive is key for a functioning democracy. Freedom of expression is enshrined in article 10 of the ECHR and domestically in the UK Human Rights Act 1998. Unfortunately, attacks on the press are becoming all too common in Europe. The Council issued a stark warning that European attacks on the media must not become “the new normal” – a phrase now synonymous with 2020.

THE BIGGER PICTURE 

So, where does this leave the UK? This instance plays into a much bigger picture of the UK government’s current attitude towards accountability. There is clear hypocrisy at play. The government cannot defend the freedom of the press in one breath, and then in another breath blacklist a media publication for its “unfavourable” stance on the British armed forces. We must also remember that this is not the first time this government has taken similar action to restrict the free press. For example, in May, OpenDemocracy was prevented from asking questions at the daily coronavirus press conferences. Based on these facts, it is difficult to believe that Johnson’s comments are anything but political showmanship. 

We must question the government, in particular Priti Patel, especially given its hostile stance on lawyers protecting asylum-seekers from unlawful deportation under English and international law alongside threats to freedom of the press. The government is making moves to limit accountability at every turn, which consequently allows them to threaten human rights, both at home and abroad. We may be witnessing the underhanded, systematic dismantling of British rule of law. 

Mahin is a final year LLB student at the University of Exeter. He is an aspiring human rights lawyer who is interested in bringing attention to human rights abuses. He is looking to practice in public law, international human rights and civil liberties.

LinkedIn