Illegal police surveillance of journalists
Tribunal finds that police illegally spied on journalists
December 2024
Viewers of news programmes last evening (17 December) will have noticed journalists and David Davies MP standing outside the Royal Courts of Justice holding Amnesty signs saying ‘Journalism is not a Crime’. This was as a result of the Investigatory Powers Tribunal ruling that both the Police Service of Northern Ireland and the Metropolitan Police had acted unlawfully by spying on journalists during the Troubles*.
Journalism is an important part of our society and is sometimes the only means we have of getting some glimpse of the truth. Police actions in spying on journalists is to be deprecated. Two journalists, Trevor Birney and Barry McCaffrey produced a film called No Stone Unturned which documented the alleged collusion between the Police and the suspected murderers in the massacre which took place in Loughinisland in 1994. Six Catholic men were shot dead in the UVF attack, which was later found to involve collusion. In making enquiries to the PSNI this set off the surveillance operation in a bid to find the sources the journalists had relied on. It seemed relatively easy for the police at the time to acquire these orders.
‘Landmark case for press freedom‘ – Amnesty
Responding to a judgment from the Investigatory Powers Tribunal (IPT) which today ruled that the police acted unlawfully and breached the human rights of Northern Ireland journalists, Amnesty declared it a ‘landmark case for press freedom’.
The Investigatory Powers Tribunal, which is the only British court with statutory powers to investigate secret police surveillance, ruled that the Police Service of Northern Ireland (PSNI) and the Metropolitan Police Service unlawfully spied on the journalists in a bid to uncover their sources.
At the conclusion of a five-year investigation, the Tribunal found that the PSNI had repeatedly acted unlawfully, in breach of the European Convention of Human Rights and the Human Rights Act 1998. The unlawful behaviour reached all the way to the top of the PSNI with the then Chief Constable Sir George Hamilton being found by the Tribunal to have acted unlawfully by failing to “consider whether there was an overriding public interest justifying an interference with the integrity of a journalistic source” when he authorised a spying operation against an official at the Office of the Police Ombudsman of Northern Ireland.
There are increasing concerns about police and security service surveillance, which is becoming easier with new technology. Software can be placed on phones to intercept messages, whether the phone is switched on or not.
Sources: Amnesty International; Irish Times; Irish News; The Guardian
*The ‘Troubles’ were an ethno-nationalist conflict in Northern Ireland that lasted for about 30 years from the late 1960s to 1998. Also known internationally as the Northern Ireland conflict, it began in the late 1960s and is usually deemed to have ended with the Good Friday Agreement of 1998. Although the Troubles mostly took place in Northern Ireland, at times violence spilled over into parts of the Republic of Ireland, England, and mainland Europe. (Wikipedia)
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