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Police using terrorism powers to seize a journalist's laptop are creating a "chilling effect" on democracy, civil rights groups have argued.

The laptop of BBC journalist Secunder Kermani was taken by police under powers intended to prevent terrorism. His work has seen him make contact with western-born Islamic State fighters.


The judge-approved order, made under Section 32 of the Terrorism Act 2000, saw officers take the laptop in a bid to access communications between Kermani and his sources.

Leading civil rights and media freedom groups have attacked the actions of the police and said they were "sowing seeds of fear" among journalists, academics researching sensitive topics, and wider areas of society.

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National security should never provide a carte blanche to run roughshod over fundamental and hard-won freedom Thomas Hughes, executive director, ARTICLE 19

"If a journalist cannot be sure their sources are safe, then this will no doubt have a chilling effect on expression and the vibrant political debate so necessary in a democratic society," said Thomas Hughes, executive director of ARTICLE 19.


The terrorism legislation says that police can define a "terrorist investigation" as something that relates to "the commission, preparation, or instigation" of terrorism acts. "It is not in dispute that the authorities have a duty to investigate and tackle terrorism," said Hughes. "However, this responsibility should not be used to override freedom of expression. 'National security' should never provide a carte blanche to run roughshod over fundamental and hard-won freedoms."

A BBC spokesperson confirmed the organisation was also asked to hand over the communications of Kermani and an Isis member, who was not a confidential source.

It's not the first instance where police have used investigatory powers to obtain details about journalists and their sources. David Miranda, the partner of Glenn Greenwald who worked with Edward Snowden, was detained and questioned under the Terrorism Act in 2013 for nine hours.

A total of 19 police forces used the provisions of the Regulation of Investigatory Powers Act (RIPA) to find out details of journalistic sources between 2011 and 2014.


The RIPA oversight body, the Interception of Communications Commissioner's Office (IOCCO) which investigated the issue, said police use of the powers were "unlawful" and had been "misused".

As a result of the IOCCO investigation new guidelines surrounding the RIPA snooping powers were introduced. The guidelines, as reported by The Guardian, requires judges to decide whether interceptions would be lawful -- in a similar way to the Terrorism Act.

The Register reported that Kermani's communications were not accessible under the RIPA powers, which led to the authorities using the terrorism related legislation.