A BBC Northern Ireland journalist received £20,000 in damages after MI5 and police unlawfully obtained his call records. The case highlights risks to source protection and press freedom.
Media professionals tracking legal risks to source protection should note a landmark ruling in the UK: MI5 and the Police Service of Northern Ireland (PSNI) have been ordered to pay £20,000 in damages to journalist Vincent Kearney after unlawfully accessing his call records to identify confidential sources. The Investigatory Powers Tribunal (IPT) found both agencies breached Article 10 of the Human Rights Act, which safeguards freedom of expression, by targeting Kearney’s communications data over a period spanning 2006 to 2018.
According to tribunal documents, intelligence officers made repeated applications to obtain details of calls made to and from Kearney’s mobile phone, including timing, location, and identities. The IPT noted that MI5’s early requests did not specify Kearney’s status as a journalist or acknowledge the risk to his sources. The tribunal found no justification for why the data could not be obtained by other means or why public interest required interference with journalistic sources.
The judgment comes after a 2015 legal precedent established heightened legal protection for journalists’ communications, requiring law enforcement to secure judicial approval before accessing call records to identify sources. Prior to this change, such surveillance was reportedly more common. In 2024, the UK Investigatory Powers Commissioner reported 106 warrant applications to access confidential journalistic material, including 11 requests for call data.
The IPT awarded Kearney £10,000 from the PSNI and £10,000 from MI5, stating there was no reason to distinguish between the conduct of the two organizations. The tribunal emphasized that protections for journalists exist to serve the public’s right to receive information, not just the interests of individual reporters.
Kearney, who served as BBC Northern Ireland’s Home Affairs Correspondent from 2006 to 2019, described the ruling as a significant victory for journalism. He said the case aimed to expose the extent of unlawful surveillance and its impact on his ability to perform his duties. Kearney also noted this is the first time MI5 has been ordered to pay damages to a journalist.
Legal filings revealed that between 2006 and 2018, there were seven separate police or MI5 operations in which confidential communications data belonging to Kearney or the BBC was unlawfully obtained. The PSNI compiled a detailed profile of Kearney, including personal and family information, as well as an extensive review of his published work.
The BBC stated that the case raised serious concerns for both the broadcaster and wider society, emphasizing that journalistic freedoms are fundamental to democracy and must be protected. The National Union of Journalists called the IPT’s decision a landmark judgment and a clear vindication of Kearney and the BBC, urging further inquiry into unlawful surveillance of journalists, lawyers, and human rights defenders.
This case follows earlier revelations about police surveillance of journalists, including the high-profile situation involving Sun reporters. For additional context on government actions targeting journalists’ communications, see this report on federal subpoenas issued to New York Times reporters after coverage of Air Force One security concerns.
