FOI costs enforcement presents new SLAPPs threat
The NUJ has warned that legally enforced recovery of Freedom of Information (FOI) costs could pose a serious threat to media freedom and open the door to SLAPP-style intimidation of journalists.
Later this month, NUJ member and multiple British Journalism Awards nominee Barnie Choudhury will appear before a London tribunal after the Judicial Appointments Commission (JAC) applied for £15,000 in costs, accusing him of acting unreasonably concerning conduct related to his FOI requests. The hearing will take place before the First-tier Tribunal (General Regulatory Chamber), Information Rights, on 29 April.
Choudhury, an award-winning former BBC journalist, submitted multiple FOI requests that formed the basis of more than 23 published stories scrutinising the work of the JAC.
Laura Davison, NUJ general secretary, said attempts to recover costs in this way were “highly unusual” and warned of wider consequences if the application succeeds. “If the JAC’s application is upheld, it would create a significant new risk for journalists using FOI requests to hold power to account and add to the weaponry of those who use SLAPPs to silence media scrutiny,” she said. Davison urged the JAC to reconsider its position.
Choudhury strongly rejects the costs application, describing it as unlawful and retaliatory. “The JAC has no lawful basis to seek costs against me. Its application is flawed, unfair and driven by retaliation for my journalism,” he said, adding that he had acted “reasonably and transparently throughout”.
The case follows earlier tribunal proceedings in which Choudhury achieved partial success. The JAC was ordered to disclose recruitment material after the tribunal found that a transparent judicial appointments process was in the public interest.
Choudhury has encouraged journalists to observe the upcoming hearing online. Further details are available by contacting [email protected].