Leading Article: Press freedom finds a powerful ally

YESTERDAY, AT the Old Bailey, Judge Henry Pownall QC made an historic decision. Lord Irvine's significant accomplishment in bringing about the incorporation of the European Convention of Human Rights into British law has not yet come into effect in the courts; but, nonetheless, the judge applied one of its provisions in deciding to deny an application by the City of London police. As a result his decision was not just a victory for The Independent and the other media companies which opposed the application; it was a victory for the principle of freedom of expression.

The police had requested that newspapers and television companies hand over to them photographs and notes taken at the anti-debt riots which took place in in the City of London two weeks ago. The judge could have ruled solely on the narrow wording of the law, for the police had failed to seek evidence by other means before applying for an order. But, crucially, he applied a wider interpretation of the law as well. The press has long argued that turning its reporters into police narks would interfere with their ability to gather information, but to no avail; judges had always found that the needs of the criminal justice system for evidence outweighed these considerations. Now, for the first time since the Police and Criminal Evidence Act came into force 15 years ago, a judge has denied a police request for journalists' pictures; and he has done so by emphasising the importance of not impeding the work of the press.

Judge Pownall observed that the fundamental rights of the citizen to freedom of expression are not just another consideration to be put into the balance when determining the application of the law. Such rights must prevail, unless it is absolutely necessary for another fundamental consideration to override them. The desires of the police to have journalists do their job for them is not such a necessity; or, at least in this case, the police did not demonstrate that it was.

Judge Pownall's judgment is welcome evidence that incorporating a bill of rights into British law will work wonders for our freedoms.