MI5 and Police Illegally Targeted BBC Journalist Vincent Kearney

A former BBC journalist, Vincent Kearney, was subjected to a “long and consistent campaign of unlawful interference” by MI5 and several police forces who obtained his communications data without legal justification, a specialist tribunal has been told. The surveillance, which occurred between 2006 and 2018, aimed to identify Kearney’s sources although he worked as the BBC’s Northern Ireland home affairs correspondent.

Extent of the Surveillance

MI5 admitted last year to unlawfully obtaining Kearney’s phone data on two occasions, in 2006 and 2009. However, the Investigatory Powers Tribunal (IPT) heard that the intrusion extended beyond those instances, involving multiple police forces and the Security Service. The Police Service of Northern Ireland (PSNI) and the Metropolitan Police have too acknowledged unlawfully obtaining Kearney’s communications data, violating his rights under the European convention on human rights. Source

In one operation, the PSNI accessed information relating to 1,580 calls or texts made or received by the journalist. The PSNI created a detailed profile of Kearney, including his date of birth, addresses, car details, phone numbers, and information about his family members. An “extensive review” of his published operate was also conducted. Source

Legal Arguments and Concessions

Jude Bunting KC, representing Kearney and the BBC, argued that the journalist was potentially “targeted more than any other journalist in Northern Ireland.” He stated that the concessions from MI5 and the police forces “reveal repeated and consistent illegality on the part of multiple public authorities over a period of many years.” Source

MI5 conceded that while acting in good faith under the codes of practice at the time, it breached Kearney’s rights when obtaining communications data in 2006 and 2009. Source The PSNI acknowledged the breaches but argued against awarding damages, stating the unlawfulness stemmed from insufficient safeguards in the legal regime at the time, not deliberate intrusion. Source

MI5 disputed the characterization of a “long and consistent campaign,” calling it “hyperbolic,” but accepted that the tribunal should craft a declaration. Source

Impact on Journalism and Calls for Reform

Vincent Kearney, now the northern editor of RTÉ News, stated he was “treated as a suspect rather than a journalist” and that the unlawful activities had damaged his ability to conduct public interest journalism and maintain confidential source relationships. Source He called for mechanisms to prevent similar occurrences in the future.

The BBC expressed serious concern over the extent of the interference, stating it “strikes at the heart of the protections that are in place for public interest journalism” and that such actions “must never be repeated.” Source RTÉ News and Current Affairs managing director, Deirdre McCarthy, echoed these concerns, emphasizing the importance of protecting journalist sources for a free and independent media. Source

The hearing before the IPT concluded on Thursday, with a judgment expected at a later date. Source