MI5 and PSNI Ordered to Compensate Journalist for Illegal Surveillance
The Investigatory Powers Tribunal has ordered MI5 and the Police Service of Northern Ireland to pay £20,000 in damages to former BBC journalist Vincent Kearney for unlawfully obtai
By BBC News
The Investigatory Powers Tribunal (IPT) has mandated that MI5 and the Police Service of Northern Ireland (PSNI) pay a total of £20,000 in damages to Vincent Kearney, a former BBC journalist, after unlawfully accessing his phone records. Each agency is required to pay £10,000 to Kearney.
The case revolves around the illegal surveillance of Kearney’s phone records, which was conducted in an effort to uncover his confidential sources while he was reporting for the BBC in Belfast. MI5 admitted to unlawfully obtaining communications data from Kearney's phone on two occasions, specifically in 2006 and 2009.
In a statement following the ruling, Kearney expressed satisfaction that the court had held the agencies accountable for their actions, stating, "I am delighted the court has penalised those responsible for breaking the law. The fact it decided to award damages reflects the seriousness of the case."
The BBC, which supported Kearney in the legal proceedings, welcomed the findings, describing them as significant for the protection of journalistic freedom. Kearney, who worked for BBC Northern Ireland for 18 years before joining RTÉ, noted that the surveillance had a detrimental effect on his ability to perform his job, creating a 'chill factor' that discouraged sources from coming forward.
The IPT concluded that the actions of MI5 and the PSNI represented a disproportionate interference with Kearney's privacy rights and journalistic sources. Chief Constable Jon Boutcher of the PSNI acknowledged the tribunal's findings and apologised to Kearney, admitting that the authorisations for the surveillance were not lawful and were disproportionate.
The National Union of Journalists has described the ruling as a landmark judgement, highlighting the need for a judge-led inquiry into the unlawful surveillance of journalists and other professionals. The IPT's decision is seen as a crucial step in ensuring that agencies uphold the law and respect the rights of journalists in their work.