‘Victory for press freedom’ as Government introduces spying safeguards after Liberty legal challenge

In a “huge victory for press freedom in the UK”, state spying bodies will no longer be able to easily access journalists’ emails, calls and texts.

From today, Monday 14 October 2024, bodies such as MI5 and MI6 must get independent authorisation from the Investigatory Powers Commissioner before searching for or holding onto confidential journalistic material they obtain through ‘bulk’ interception of data and hacking people’s devices.

The Home Office has tightened surveillance laws following a seven-year legal challenge from human rights organisation Liberty, supported by the National Union of Journalists (NUJ).

The Investigatory Powers Act 2016, known by many as the Snoopers’ Charter, enabled state bodies to handle and examine journalistic material unchecked. The new safeguard – which the previous Government conceded was necessary during the legal challenge and was introduced by the Investigatory Powers (Amendment) Act 2024 – will better protect communications between journalists and their sources.

Liberty will now withdraw this part of its long-standing legal battle against the 2016 legislation.

Katy Watts, Liberty lawyer, said:

“This is a huge victory for the rights of journalists and press freedom in the UK. It is vital for a functioning democracy that journalists and their sources can be sure their correspondence is confidential.

“We’re pleased to have put a stop to almost a decade of spy agencies hoovering up and treating journalistic material however they wish, but remain deeply concerned about the unfettered mass surveillance of the rest of the population. The Government must now build on today’s good news and end the practice of bulk surveillance in its entirety.”

Michelle Stanistreet, NUJ general secretary, said:

“Today’s triumph is welcomed by the NUJ and follows our significant support in this case, urging improved protections for journalists and their confidential material.

“It is right that new safeguards will ensure journalists and their sources are better protected from the covert monitoring and retention of data that jeopardised their safety and posed wider harm to media freedom. Today’s win marks a pivotal moment in ensuring journalists can conduct their work safely and we will continue our engagement with this government, opposing all harmful threats to journalism arising from surveillance.”

Shamik Dutta and Caleb Simpson of Bhatt Murphy, Ben Jaffey KC of Blackstone Chambers, and David Heaton and Sophie Bird of Brick Court Chambers act for Liberty.