for diverse, democratic and accountable media
Posted by Dominic Ponsford 12 October 2014
The Home Office has said that measures could be in place before Christmas to stop police spying on the phone records of law-abiding journalists.
The news comes less than a month after Press Gazette launched the Save Our Sources campaign in response to the revelation that the Met Police had viewed the phone records of The Sun in order to find and sack three officers accused of lawfully leaking information about the Plebgate affair.
In has since emerged that Kent Police targeted journalists working for the Mail on Sunday. And yesterday Press Gazette revealed that a journalist working for the Ipswich Star had also had his records viewed by police.
None of the journalists whose phone records were viewed by the police were under suspicion of breaking the law.
Press Gazette has submitted a Freedom of Information Request to every police force in the country asking them how many times they have used RIPA against journalists. More than 30 forces have so far refused to answer the question.
A Home Office spokesman told The Mail on Sunday last night: “A free press is fundamental to a free society and the Government is determined that nothing is done which puts that at risk. Communications data is an absolutely critical tool used by police and other agencies to investigate crime, safeguard national security and protect the public.
“There are measures in place to ensure that police powers to access this data are not abused.
“We have also been working to strengthen the relevant code to ensure extra consideration should be given to a communications data request involving those in sensitive professions, such as journalists.
“We anticipate that the revised code will be published in draft this autumn and, following a full public consultation, will be laid in Parliament before Christmas."
Speaking on Sky News today, justice minister Simon Hughes said in future police forces will require the approval of a judge before being able to access journalists' phone records in a criminal investigation.
He said: “The principle has to be a) freedom of expression, b) journalists have a job to do and there is a public interest defence available to all journalists so you would be able to argue that case."
The Interception of Communications Commissioner has already announced an inquiry into police use of RIPA against journalists in response to the concerns raised by Press Gazette in the Save Our Sources campaign.
And last week the Liberal Democrat conference formally backed the Press Gazette Save Our Sources campaign and adopted new protections for journalists from statesurveillance as official party policy.
When the new communications code goes out to consultation Press Gazette will be urging the government to ensure it states clearly that law enforcement authorities must seek the permission of a judge before viewing the phone records of journalists.
So far nearly 1,200 journalists, campaigners and concerned individuals have signed the Press Gazette Save Our Sources petition.