5E Other Laws Affecting Broadcasting : Terrorism
The Terrorism Act 2000 (as amended by the Anti-terrorism, Crime and Security Act 2001) places a positive duty to disclose information relating to terrorist offences. A serious offence is committed (carrying a penalty of up to 5 years' imprisonment if tried in the Crown Court) if a person, without reasonable excuse, fails to disclose information that he knows or believes might be of material assistance in preventing the commission, by another person, of an act of terrorism, or in securing the apprehension, prosecution or conviction of another person in the UK for an offence involving the commission, preparation or instigation of an act of terrorism.
In addition, it is also an offence if a person fails to inform the police where he/she believes or suspects that certain offences relating to the funding of suspected terrorists have been committed.
The Prevention of Terrorism Act 2006 has introduced a new offence commonly referred to as the ‘glorification of terrorism' offence. The offence is committed by the publication of statements that glorify the commission or preparation of acts of terrorism (whether in the past or in the future). The offence is committed if members of the public could reasonably expect to infer that what was being glorified should be emulated by them. On conviction, the offence carries a penalty of up to 7 years imprisonment and/or a fine if tried in the Crown Court.
These provisions may well catch journalists making programmes on terrorism, especially undercover operations. For this reason: any programmes dealing with or touching upon terrorist activity must be referred to the programme lawyer at a very early stage and, where possible, even before research begins. Programme- makers must not conduct interviews with known or suspected terrorists before having taken detailed legal advice.