Vincent Kearney, a former BBC correspondent in Northern Ireland, was the target of extensive and unlawful monitoring by British services for eight years. MI5 admitted to unlawfully obtaining data from his mobile phone twice, but proceedings before the Investigatory Powers Tribunal revealed that surveillance conducted by several police formations and the Security Service was far more extensive and prolonged. The journalist was treated as a suspect, and the services compiled a detailed profile of him and his family in an attempt to uncover his sources. The case is being heard in London and may result in compensation being awarded.

Long-term unlawful surveillance

Services, including MI5 and police from Northern Ireland and England, conducted a campaign of illegal interference against Vincent Kearney over an eight-year period (2006-2014). They attempted to identify his journalistic sources in this way. Surveillance occurred almost every year.

Detailed journalist profile

The Police Service of Northern Ireland compiled a detailed intelligence materials profile concerning Kearney and his family. Information collected included date of birth, phone numbers, vehicle registrations, names of his wife and mother-in-law, and the mother-in-law's address.

Mass interception of communications

In one operation in 2013, the PSNI obtained and stored information on over 1,580 calls and text messages made or received by Kearney within two weeks. This data was unlawfully acquired.

Case before special tribunal

Kearney, along with the BBC, brought the case to the Investigatory Powers Tribunal, an independent court hearing complaints about the illegal use of investigative techniques by public authorities. Among the issues to be decided are compensation and whether the BBC was a target of the services' actions.

Journalist treated as a suspect

Kearney stated in his remarks that he was treated by law enforcement as a suspect, not as a journalist. The services acted illegally repeatedly and consistently over many years, which he called a systemic and long-term pattern of action.

The Investigatory Powers Tribunal in London is hearing a landmark case regarding illegal journalistic surveillance. Vincent Kearney, currently the Northern Editor of RTÉ News and previously BBC's home affairs correspondent in Northern Ireland for 18 years, along with his former employer, is suing British intelligence and police services. The defendants are MI5, the Police Service of Northern Ireland, and the Metropolitan Police in London. The case has revealed the scale of unlawful interference with journalistic work. According to testimony and disclosed documents, Kearney was a target of MI5 and the police for eight years, from 2006 to 2014. The services attempted to uncover his sources by obtaining data from his mobile phone. MI5 admitted to unlawfully obtaining this data twice, in 2006 and 2009, but the scope of surveillance turned out to be much broader. The Northern Ireland police compiled a detailed intelligence profile of the journalist, containing personal data, information about family members, and vehicle registrations. The right to protect journalistic sources is a cornerstone of press freedom in democracies. In the United Kingdom, this protection stems from common law and the European Convention on Human Rights, whose Article 10 guarantees freedom of expression. Excessive surveillance of journalists by services can lead to a so-called chilling effect, discouraging sources from cooperating. In 2013, the PSNI obtained and stored information on over 1,580 calls and text messages made or received by the journalist in just two weeks. Kearney emphasized in a media statement that he was treated as a suspect, not as a journalist performing his job. His legal representative, lawyer Jude Bunting, described the services' actions as "a long and consistent campaign of unlawful interference." The case is exceptional because such detailed data regarding state surveillance of journalists is rarely publicly disclosed. „"The concessions made reveal repeated and consistent illegality on the part of multiple public authorities over a period of many years. This was taking place on an almost annual basis between 2006 and 2014 while I worked as a correspondent for BBC Northern Ireland."” — Vincent Kearney The case is being heard before the Investigatory Powers Tribunal, part of whose hearings will be closed to the public and media. The Tribunal is to decide on potential compensation for the journalist and whether the BBC itself was also a target of the services' actions. The decision in this case may have a significant impact on the surveillance practices of British services towards the media and on the scope of protection for journalistic source confidentiality. Kearney left the BBC in 2019 and currently works for the Irish public broadcaster RTÉ.

Mentioned People

  • Vincent Kearney — Former BBC home affairs correspondent in Northern Ireland, currently Northern Editor of RTÉ News. Plaintiff in the unlawful surveillance case.
  • Jude Bunting — Lawyer representing Vincent Kearney and the BBC before the Investigatory Powers Tribunal.