Isis bride Shamima Begum, pictured with her week-old son Jerah at Al Hawl camp in Syria
A judge today rejected a bid by Scotland Yard to force journalists to hand over notes and broadcast footage from interviews with Shamima Begum.
Lawyers for the Metropolitan Police made the application at the Old Bailey under the Terrorism Act 2000 to access unpublished notes made during meetings with the jihadi bride.
The 19-year-old Isis recruit, who married a Dutch fighter, was interviewed by journalists in a refugee camp in northern Syria earlier this year after being tracked down by Times reporter Anthony Loyd.
Police believe Mr Loyd’s unpublished notes and those from other interviews conducted by the Times, Sky News, ITN and the BBC with Begum, from Bethnal Green, East London, might contain information useful to an investigation.
Media outlets opposed the application as journalists took to Twitter to warn that the legal moves could discourage people from talking to the media, and force reporters to break agreements with interviewees.
In her interviews, Miss Begum, who was heavily pregnant, said she wanted to return to Britain and said she had already given birth to two children who had both died.
She later gave birth to a third child, a boy called Jerah, who died from pneumonia less than three weeks later, according to officials at the refugee camp.
Begum was interviewed after being tracked down by Times reporter Anthony Loyd
Begum was found at the Al Hawl refugee camp in Kurdish Syria, close to the border with Iraq, which is home to some 70,000 displaced people.
She is now receiving legal aid to fight the decision to remove her citizenship, with taxpayers paying hundreds of thousands of pounds to fund her possible return from Syria.
This prompted the then-defence secretary Gavin Williamson to call for a review of legal aid, saying it was a ‘shame’ public money is being spent on her fight to return to Britain.
It followed Home Secretary Sajid Javid’s decision to remove her citizenship.
The decision also saw Labour leader Jeremy Corbyn defend Begum’s right to apply for legal aid, saying: ‘She is a British national and, therefore, she has that right, like any of us do, to apply for legal aid if she has a problem.’
Begum was found at the Al Hawl refugee camp (pictured in February) in Kurdish Syria, close to the border with Iraq, which is home to some 70,000 displaced people
Begum’s brother-in-law Muhammad Rahman said at the time: ‘She should face the charges against her and if she and the family wants that to happen in Britain, then I support that.’
Shamima Begum is pictured at London Gatwick Airport on February 17, 2015
And her father Ahmed Ali said in March that his daughter’s citizenship should not be cancelled and that she could be punished in the United Kingdom.
Today at the Old Bailey, Gavin Miller, for Sky, ITN and The Times, said the order would deprive journalists of their neutrality and place them at risk by making them de facto actors of the state.
‘Journalists are believed to be neutral observers and it is this neutrality of the press that affords them protection,’ he said.
Judge Mark Dennis QC ruled today that none of the outlets will be required to hand over any material from the interviews.
He said: ‘There is no doubt that the initial Times newspaper report was a commendable piece of investigative journalism and represents a significant public interest story which has opened up an important issue for public debate.
Begum’s father Ahmed Ali, who lives in Sunamganu, Bangladesh, said in March his daughter’s citizenship should not be cancelled and that she could be punished in the United Kingdom
‘Such journalistic investigation is to be encouraged, however the work of investigative journalists in particular does rely upon trust, confidentiality, protection of journalistic material and sources, their perceived neutrality, and the co-operation of people who are prepared to place their trust in journalists.’
Judge Dennis said that as Ms Begum had spoken openly and knew her words would be published, the threat to journalistic freedom from such an order was not as great as compelling journalists to name a confidential source.
But he added: ‘Nevertheless, the purported interference remains and has a wider potential impact for journalists and cannot be simply discounted in the face of competing public interest in pursuing the police investigation.’
Although the Met’s application was rejected, Judge Dennis ordered that copies of all the material remain with the firm of solicitors it has been placed with until further order from the court, to prevent it being lost.
Judge Dennis said if Ms Begum were to return to the UK, a fresh application could be considered.
Mr Loyd, who was present for the ruling, told the PA news agency: ‘I understand the legality and legitimacy of the police investigation, but I totally resent being co-opted into that as a journalist by a police force that would not send officers itself to interview (Ms Begum).
‘The police application had a lot of really serious implications to do with press freedom and had a potentially chilling effect.’
Begum is trying to return to Britain with the help of her family lawyer Tasnime Akunjee (above)
Mr Loyd, who has more than 25 years working in conflict zones, said he had never before received a request of this kind from police.
But he said it was ‘far more right and reasonable’ that Ms Begum be investigated by the Met and brought back to the UK as a British citizen than to leave her stateless in a Syrian refugee camp, as is her current situation.
John Battle, head of compliance at ITN, told PA: ‘It’s a victory for journalism that the judge did not make the order.
‘Judge Dennis clearly recognised that the journalism was of the highest public interest obtained in difficult and dangerous circumstances.
‘The judge also accepted that journalism relies on the journalist being neutral, independent and sources being respected and this is an important precedent.’
ITN correspondent Rohit Kachroo was among those who interviewed Ms Begum.
Scotland Yard faced criticism in July when it warned journalists not to publish leaked diplomatic cables from Britain’s US ambassador Sir Kim Darroch.
The force said it was not seeking to block publication of articles but said it had opened a criminal investigation into a potential breach of the Official Secrets Act and that further publication could be a criminal offence.
Senior politicians and editors defended the right of the Press to publish leaked documents if they were in the public interest.
A Scotland Yard spokesman has been contacted for comment by MailOnline today.
