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12-Jul-2005

Indymedia Bristol: server threatened then removed

by: Bristol Indymedia

Britain: On 20 June, Bristol Indymedia (IMC Bristol) received an email from the police asking to contact them with reference to a posting on the IMC Bristol newswire. IMC Bristol volunteers appointed a solicitor and started briefing them to contact the police on their behalf. On 21 June, the police contacted an IMC Bristol volunteer asking for IP logs. The subject of the police enquiry was a posting claiming that damage had been done to either some cars on a train transport, the transport itself, or the railway line.

Bristol Indymedia volunteers hid the post (originally posted late in the evening of 17 June) from their main newswire within 24 hours of it being posted - as it violated IMC Bristol editorial policy - and well before the police made initial contact.

When the solicitor contacted CID on the 21st to inform them that they could not have the server, or access to it, the police said that they could go through data protection and legal moves to get the logs or get a search warrant, and that they may arrest somebody for obstructing the course of justice. At this point, an IMC Bristol volunteer informed IMC UK about the events. IMC Bristol then contacted Liberty, whose legal advisor contacted the police to press them on the issue that this server was considered an item of journalistic equipment and so subject to special provision under the law. The police had yet to confirm this. NUJ and Privacy International have also been contacted.

Over the next 3 days, while IMC Bristol remained in possession of their server, communications with the police, and between various legal and civil rights organisations continued. Technical and legal issues surrounding the case were also being clarified. Bristol Indymedia is an independent news service. As part of their policy, they will not make non-public information they hold publicly available. They do not permanently store IP addresses. They do not intend to voluntarily hand over information to the police as they have requested, and have informed them of this.

To see the posting, which apparently triggered the police contacting IMC Bristol, please go to: http://bristol.indymedia.org/newswire/display_any/23330/index.php?comment_view=1

But, 3 days later, the police raided a residential property in Bristol and seized an Indymedia server and other computer equipment. They also arrested one person for incitement to criminal damage under common law. That person has since been released on bail. This police action has been described as an attack on the freedom of speech and journalistic independence.

Bristol Indymedia considered that the system was journalistic material covered by special provision under the law. A solicitor from Liberty faxed the police explaining this provision. The police then contacted Bristol Indymedia to request a meeting, which Bristol Indymedia agreed to. But, minutes before the arranged meeting DI Bennett of British Transport Police cancelled the meeting and asked to postpone it. The next police contact was the seizure of the server and the arrest of a Bristol Indymedia volunteer. The seizure of the server was carried out under a search warrant (police and criminal evidence act 1984, ss.8 and 15), not recognising the journalistic privilege.

An additional comment from Bristol Indymedia is that they “are outraged at the actions of the police. They have completely disabled the entire Bristol Indymedia news service. By their actions they have undermined the principle of open publishing and free access to the media, thereby removing people's opportunity to read and report their own news. This situation has serious implications for anyone providing a news service on the Internet. We do not intend to let this stop us from continuing the project."

Source: Ana, Emal: imc-bristol@lists.indymedia.org, Tel: 07976 787335