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December 17, 2024 – UK –
The UK’s Investigatory Powers Tribunal (IPT) has found that the Police Service of Northern Ireland (PSNI) and the Metropolitan Police unlawfully surveilled investigative journalists Barry McCaffrey and Trevor Birney in a series of covert operations aimed at uncovering their confidential sources. The ruling, delivered in December 2024, marks a significant victory for press freedom and journalistic integrity in the UK.
The case centers around the 2017 documentary No Stone Unturned, which examined the unsolved 1994 Loughinisland massacre in Northern Ireland. Following its release, the PSNI launched an investigation to determine who had leaked sensitive documents to the filmmakers. The tribunal found that in 2018, the PSNI authorized a Directed Surveillance Authorisation (DSA) without adequately weighing the public interest in protecting journalists’ sources. The IPT concluded that this authorization breached Article 10 of the European Convention on Human Rights, which guarantees freedom of expression.
The tribunal also ruled that earlier surveillance efforts—specifically, phone data retrieval in 2012 by the Metropolitan Police and in 2013 by the PSNI—were similarly unlawful. These actions were taken without proper legal safeguards or justifications, and they exposed a broader pattern of state overreach.
Both McCaffrey and Birney were awarded £4,000 in damages. This is the first time the IPT has awarded compensation to journalists for unlawful surveillance, setting a critical legal precedent. The ruling also revealed that communications data of hundreds of journalists and lawyers in Northern Ireland had been accessed by police over 14 years, raising serious concerns about systemic abuse of investigatory powers.
The case has drawn widespread condemnation from press freedom advocates and has reignited calls for a public inquiry into surveillance practices targeting journalists. McCaffrey and Birney described the ruling as a major victory but stressed that it is “just the tip of the iceberg.” In response, PSNI acknowledged the tribunal’s findings and pledged to review and reform internal policies to ensure surveillance is lawful, proportionate, and respectful of journalistic freedoms.
The ruling is being hailed as a turning point for media rights in the UK and a crucial check on state power in democratic societies.
Reference –
https://aej-uk.org/2024/12/19/belfast-journalists-win-case-against-unlawful-police-surveillance/
