23.02.15
Government announces guidelines to protect press freedom
In a welcome development, the Home Office have announced that police will no longer be able to access journalists’ phone records to uncover their sources without first gaining the permission of a judge.
It is a move that is wholeheartedly approved of by those of us here at PSE. Protecting sources is critical to press freedom, which in itself is critical to a democracy and it is heartening to see that a Tory party that sometimes seems determined to restrict such freedoms (they still plan to crack down on the public sector’s right to strike) realise this, even if it took relentless urging.
David Cameron agreed to the change two weeks ago after a review by the Interception of Communications Commissioner. It is understood that Nick Clegg has been leading the charge in government for the changes.
It comes after it emerged that police have been using the Regulation of Investigatory Powers Act 2000 (Ripa) to require phone companies to hand over phone records and internet email logs of reporters.
The inquiry into Ripa was launched last autumn after it was revealed that police in London and Kent accessed journalists' phone records as they investigated two cases.
One was the ‘Plebgate’ affair and the other was the case of former cabinet minister Chris Huhne, who was jailed for perverting the course of justice in 2013.
Under the new guidelines, the police would be required to use production orders, which are judicially authorised, under the Police and Criminal Evidence Act 1984 (Pace) for applications to see communications data that reveal journalistic sources.
The new measures are temporary, an “interim solution” according to the Home Office as there will not be time to introduce a bill before the election.
"We are legislating as far as possible now until a bill can be introduced in the next parliament which delivers the recommendations in full," a spokesman said.