UK terrorism laws so broad it has begun to 'catch those it never intended to'

Political journalists and bloggers should not be convicted under terror laws says watchdog

UK anti-terrorism laws are so broadly drawn they are in danger of catching journalists, bloggers, and those it was "never intended to cover" the counter-terrorism watchdog has said.

David Anderson QC has called on the Government to revisit its definition of terrorism in his annual report published today as the UK’s independent reviewer of terrorism legislation.

The UK has some of the most extensive anti-terrorism laws in the western world, Mr Anderson said, giving ministers the powers they need to combat violence perpetrated by al-Qa’ida inspired terrorists, right-wing extremists and dissident groups in Northern Ireland. They also enable prosecutions to be brought for activities in other countries including Syria and Iraq.

But if these exceptional powers are to command public consent, it is important they should be confined to their proper purpose, he said.

"The problem is that our definition has begun to catch people that it was never really intended to catch," Mr Anderson told BBC Radio 4’s Today programme.

While giving credit to the prosecuting authorities, the police, and ministers, who he believes do not "very often abuse or stretch the very wide discretions they are given under the Act," Mr Anderson said that people "who should never get caught by these laws" are worried that they might be arrested, which could restrict the way they conduct their business.

"Look at the example of journalists and bloggers, who can be considered terrorists if they are seeking to influence the Government and if their words endanger life or create a serious risk to public health or safety," he told the programme.

"Foolish or dangerous journalism is one thing, terrorism is another," he said.

Mr Anderson references the case of David Miranda in his report, in which the Brazilian partner of Guardian journalist Glenn Greenwald was detained and questioned for nine hours under terrorism laws because he was believed to be carrying stolen secrets linked to Mr Greenwald’s articles uncovering NSA surveillance activity.

Mr Miranda’s detention was later deemed lawful by the High Court, but Mr Anderson said the case of this detention, in which Mr Miranda was believed to be carrying a large number of stolen secret documents, was "more difficult to defend" the use of anti-terrorism laws for the purpose of stopping someone, detaining them and seeing "what’s going on".

"One might be thinking of official secrets, of espionage, of theft, but it’s a bit of a stretch to see somebody like that as a potential terrorist," he said.

Mr Anderson warned the public would only continue to accept the legislation if they were sure it was genuinely needed. He has called on Parliament to revisit its definition and the use of the word "influence" in its laws, as currently the definition is so broad it could catch a campaigner who voices a religious objection to vaccination on the grounds of it being a serious risk to public health.

"I think the problem there is the way the bar is set. It is enough that you are trying to influence the Government for political reasons. In most other countries you need to have to intimidate the government or coerce the government before you can be a terrorist," he said.

He added: "Another problem with the law is that it fails to distinguish, in all respects, between hate crime and terrorism.

"So you could take someone who is no harm to anyone other than his immediate victim - a man who pipe bombs his neighbour's wall, or a student who threatens a teacher on a fascist website," he said.

Start your day with The Independent, sign up for daily news emails
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksAn introduction to the ground rules of British democracy
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
SPONSORED FEATURES
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Guru Careers: Account Manager

£30 - 38k (DOE): Guru Careers: We are seeking a digitally focussed Account Man...

Recruitment Genius: Web Developer - PHP / MySQL / HTML / CSS

£23000 - £28000 per annum: Recruitment Genius: Due to expansion, this digital ...

Recruitment Genius: Receptionist / Cashier

£16500 - £19500 per annum: Recruitment Genius: One of the South East's leading...

Recruitment Genius: Sales Administrator - Automotive

£18000 - £25000 per annum: Recruitment Genius: An exciting opportunity exists ...

Day In a Page

A groundbreaking study of 'Britain's Atlantis' long buried at the bottom of the North Sea could revolutionise how we see our prehistoric past

Britain's Atlantis

Scientific study beneath North Sea could revolutionise how we see the past
The Queen has 'done and said nothing that anybody will remember,' says Starkey

The Queen has 'done and said nothing that anybody will remember'

David Starkey's assessment
Oliver Sacks said his life has been 'an enormous privilege and adventure'

'An enormous privilege and adventure'

Oliver Sacks writing about his life
'Gibraltar is British, and it is going to stay British forever'

'Gibraltar is British, and it is going to stay British forever'

The Rock's Chief Minister hits back at Spanish government's 'lies'
Britain is still addicted to 'dirty coal'

Britain still addicted to 'dirty' coal

Biggest energy suppliers are more dependent on fossil fuel than a decade ago
Orthorexia nervosa: How becoming obsessed with healthy eating can lead to malnutrition

Orthorexia nervosa

How becoming obsessed with healthy eating can lead to malnutrition
Lady Chatterley is not obscene, says TV director

Lady Chatterley’s Lover

Director Jed Mercurio on why DH Lawrence's novel 'is not an obscene story'
Farmers in tropical forests are training ants to kill off bigger pests

Set a pest to catch a pest

Farmers in tropical forests are training ants to kill off bigger pests
Mexico: A culture that celebrates darkness as an essential part of life

The dark side of Mexico

A culture that celebrates darkness as an essential part of life
Being sexually assaulted was not your fault, Chrissie Hynde. Don't tell other victims it was theirs

Being sexually assaulted was not your fault, Chrissie Hynde

Please don't tell other victims it was theirs
A nap a day could save your life - and here's why

A nap a day could save your life

A midday nap is 'associated with reduced blood pressure'
If men are so obsessed by sex, why do they clam up when confronted with the grisly realities?

If men are so obsessed by sex...

...why do they clam up when confronted with the grisly realities?
The comedy titans of Avalon on their attempt to save BBC3

Jon Thoday and Richard Allen-Turner

The comedy titans of Avalon on their attempt to save BBC3
The bathing machine is back... but with a difference

Rolling in the deep

The bathing machine is back but with a difference
Part-privatised tests, new age limits, driverless cars: Tories plot motoring revolution

Conservatives plot a motoring revolution

Draft report reveals biggest reform to regulations since driving test introduced in 1935