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UK: IFJ Welcomes ECHR Judgement on Surveillance of Journalists

AInvestSaturday, Feb 1, 2025 2:00 am ET
3min read

The International Federation of Journalists (IFJ) has hailed a landmark ruling by the European Court of Human Rights (ECHR) that the UK government violated press freedom by engaging in mass surveillance without adequate safeguards for journalists' sources. The judgement, which came after a four-year case brought by the Bureau of Investigative Journalism (TBIJ) with the support of the IFJ, is a significant step towards protecting journalists' sources and the right to freedom of expression.



The ECHR ruled that the UK's mass surveillance programmes, carried out by the Government Communications Headquarters (GCHQ) and other intelligence agencies, were unlawful as they lacked sufficient safeguards to protect the freedom of the press. The Court found that the UK government was in breach of Article 10 of the European Convention on Human Rights (ECHR), which guarantees the right to freedom of expression, due to the potential "chilling effect" that mass surveillance might have on journalists' sources and the freedom of the press.



The ruling is a major victory for the IFJ, its UK affiliate the National Union of Journalists (NUJ), and other human rights organisations, including Amnesty International, Privacy International, and Liberty, which supported the case. The IFJ and NUJ had backed the TBIJ's case and made a joint submission to the ECHR, highlighting the importance of protecting journalists' sources and the right to adhere to ethical codes of conduct that safeguard the confidentiality of sources.



The judgement represents a significant blow to the UK government's pursuit of repressive surveillance laws and a victory for all journalists across Europe. IFJ General Secretary Anthony Bellanger stated, "While the judgement is about a specific case in the UK, the principles recognised by the ECHR apply across Europe. Governments should be warned that repressive surveillance laws and the unwarranted mass collection of data will be rigorously challenged to protect journalists' rights and media freedom."



Michelle Stanistreet, NUJ general secretary, echoed Bellanger's sentiments, saying, "This ruling is a great result for ethical journalism and journalists in the UK. We have been campaigning for years against the UK government's repressive surveillance laws that are detrimental to the public interest. We will continue to use all the avenues available to us to improve and amend the current laws and codes of practice. The Bureau should be congratulated for its excellent work and this is a hugely significant and positive outcome."



Rachel Oldroyd, TBIJ's managing editor, welcomed the ECHR judgement, stating, "The Bureau believes the freedom of the press is a vital cornerstone of democracy and that journalists must be able to protect their sources. We are particularly concerned about the chilling effect that the threat of state surveillance has on whistleblowers who want to expose wrongdoing, and this ruling will force our government to put safeguards in place. It is an extremely good day for journalism."



The court expressed particular concern about the absence of published safeguards relating to the circumstances in which confidential journalistic material could be selected, and the potential deliberate targeting of journalists' work by security agencies without measures in place to protect confidentiality. The ruling highlights the need for the UK government to rewrite the law regarding how the security and intelligence services can access and use journalists' confidential communications and material, ensuring that there is a public interest override before officials can scrutinise such material.





Gavin Millar QC, counsel for TBIJ, emphasised the importance of this ruling, saying, "The government must now rewrite the law as to how the security and intelligence service can look at and use journalists' confidential communications and material. Secretive arrangements like these cannot continue. There must be a public interest which overrides the vital right to journalistic free speech before officials can scrutinise such material."



The ruling has significant implications for the UK government's pursuit of repressive surveillance laws and the broader debate on media freedom and privacy across Europe. It sends a strong message to governments that excessive surveillance is not acceptable and that privacy protections must be strengthened to safeguard the confidentiality of journalists' sources and the freedom of the press.



UK Mass Surveillance: Key Findings

- Mass surveillance programmes by GCHQ and other intelligence agencies violated Article 10 of the ECHR.

- Lack of adequate safeguards for journalists' sources led to a potential "chilling effect" on the freedom of the press.

- The UK government must rewrite the law to protect confidential journalistic material and ensure a public interest override before officials can scrutinise such material.

- The ruling has significant implications for the UK government's pursuit of repressive surveillance laws and the broader debate on media freedom and privacy across Europe.



In conclusion, the ECHR's ruling on the UK government's mass surveillance programmes is a significant victory for journalists, whistleblowers, and the public's right to know. It underscores the importance of protecting journalists' sources and the freedom of the press, and sends a strong message to governments that excessive surveillance is not acceptable. The UK government must now take steps to ensure that its surveillance activities comply with the ECHR ruling and protect the confidentiality of journalists' sources, thereby promoting media freedom and the public interest.

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