Case Overview
A London court is set to hear a case brought by the BBC and former journalist Vincent Kearney against MI5 and police authorities concerning telephone surveillance. MI5 has acknowledged unlawfully obtaining data from Kearney's mobile phone.
The case will be heard by the Investigatory Powers Tribunal (IPT) on Wednesday, the judicial body responsible for addressing complaints related to covert intelligence activities.
Kearney served at BBC Northern Ireland for 18 years until 2019. The hearing is scheduled to last several days, with some sessions expected to be held in private, excluding the public and media.
In September of the previous year, MI5 admitted to violating Kearney's source protection and privacy rights by accessing his communications data in 2006 and 2009. Kearney also alleges that the Police Service of Northern Ireland (PSNI) and the Metropolitan Police targeted him. Both police forces are respondents in the case.
Issues Before the Tribunal
The tribunal will consider several issues, including claims for damages and whether the BBC was subjected to unlawful interference with journalistic material.
Speaking prior to the hearing, Kearney stated he was "treated as a suspect rather than a journalist."
"This case has established that I was the target of a systematic and years-long pattern of law enforcement agencies illegally accessing my journalistic sources and mapping my professional activity," he said.
"This has had a chilling effect on my ability to conduct public interest journalism with source relationships damaged and, in some cases, destroyed."
He urged accountability for those responsible to prevent recurrence of such actions.
A BBC spokesperson commented:
"The extent and effect of unlawful interference in Vincent Kearney's work as a BBC journalist is a matter of serious concern.
It strikes at the heart of the protections that are in place for public interest journalism.
What happened in this instance was wrong and must never be repeated.
The independence of what we do is hard won and it's something that we will fight to protect - reflecting the vital role that public interest journalism plays in a free society."
Background on Vincent Kearney
During his tenure at the BBC, Kearney was the home affairs correspondent, focusing on police and security matters. He currently holds the position of northern editor at RTE News.
Perspectives from Amnesty International
Patrick Corrigan, Amnesty International's Northern Ireland director, expressed expectations that the hearing would reveal "more about the true scale" of surveillance faced by journalists.
"What is ultimately required is full transparency, genuine legal accountability, and a decisive end to unlawful spying on the media," he added.
Related Cases and Investigations
The first indications of action against Kearney surfaced during an IPT case involving journalists Barry McCaffrey and Trevor Birney, who were illegally surveilled in attempts to identify their sources.
In 2024, the PSNI was ordered to pay each journalist £4,000 in damages for unlawful intrusion.
Following this legal action, the PSNI commissioned an independent review by lawyer Angus McCullough KC concerning its surveillance practices targeting journalists and lawyers. The review concluded that such surveillance was not "widespread or systemic."
