NMA Asks Theresa May to Reform RIPA
The News Media Association has written to Theresa May to express deep concern over the threat to journalistic sources from “unwarranted use of state surveillance and enforcement powers” under the Regulation of Investigatory Powers Act (RIPA).
Chair of the NMA legal, policy and regulatory affairs committee Lord Black of Brentwood has written to the Home Secretary requesting changes to the primary legislation to safeguard journalistic sources, followed by a “transparent and effective” review of the regime.
Lord Black writes: “The industry is united in its concern about the threat to journalism, journalists themselves and to their sources from unwarranted use of state surveillance and enforcement powers. RIPA, counter terrorism and public order legislation are particularly open to abuse.
“These draconian legislative powers are being used without proper regard to the protection of freedom of expression and press freedom, an intrinsic part of which is the fundamental principle of protection of sources.”
The letter outlines how the media had warned of the “dangers of police and other authorities bypassing existing protections for journalistic sources” and argued for the incorporation of effective safeguards to protect journalistic sources.
Lord Black continued: “We explained how several critical protections such as judicial authorisation and appeal mechanisms were absent. The media’s concerns and warnings about inappropriate use unfortunately proved prescient. Indeed, ministerial assurances at the time that codes would protect journalism in the United Kingdom have proved totally ineffective.
“On the 28 October, during the second reading of the Serious Crime Bill, the Lords discussed many examples of the serious abuses of legislation against journalists. All of the incidents have occurred through bypass of code protections – exactly as forecast.”
“We very much welcome your recognition that these abuses are wrong and your determination that they must cease. But tweaks to the codes are not sufficient to deal with such a serious problem, especially when codes that are already in place have proved ineffective.
“The legislation itself is flawed. The only possibility of effective safeguard requires changes to the primary legislation which should include:
- Mandatory prior judicial authorisation, injecting greater independence in the evaluation of applications such as those contained within the Police and Criminal Evidence Act (PACE);
- Far stronger conditions for applicants to satisfy before any application or grant of such powers in any cases involving journalists, journalistic activities and journalistic sources; and
- Automatic, mandatory rights of prior notification, inter parties hearings and rights of appeal for the media organisations and journalists affected.
“The whole regime should then be subjected to more transparent and effective review with proper oversight and public accountability.
“Bearing in mind recent announcements by the Home Office we would welcome an early opportunity for discussion on the swift introduction of strong and effective legislative safeguards for journalists’ sources, journalistic investigation and reporting against ever broader and stronger state powers which could address not only historic mistakes but to prevent new ones in any future legislation.”