Memorandum from the Society of Editors
The Society of Editors has more than 400 members
in national, regional and local newspapers, magazines, broadcasting
and new media, journalism education and media law. It campaigns
for media freedom, self regulation, the public's right to know
and the maintenance of standards in journalism.
The Society has always had a strong interest
in the promotion of open justice. It has campaigned for rights
for media challenge of reporting restrictions and for the media's
formal rights of appeal. The Society is therefore concerned by
the apparent absence of formal rights of appeal or judicial review
of reporting restrictions imposed upon the reporting of courts
martial. We understand that The Guardian has submitted a memorandum
to the Committee which explains that this was the by-product of
the Armed Forces Act 2001 in ending the power of the High Court
to judicially review courts martial by amendment of the Supreme
Court Act 1981. The end of the media's power to obtain judicial
review of the order, combined with omission of any media right
of appeal in respect of the order to the Court of Appeal, Court
Martial Appeal Court, now means it is not possible for the media
to appeal against any restriction imposed upon its ability to
report the proceedings.
The Society of Editors believes that it is important
for the media to have the right to challenge restrictions upon
access or reporting of courts martial with attendant rights of
appeal. We hope that the Armed Services Bill can be amended to
restore the media's formal legal ability to do so, through a statutory
appeal mechanism.
January 2006
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