Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
lawsuit, police, uk, wiretap



UK Court Dismisses Lawsuit Against Journalist Police Wiretapped

from the protection-of-sources dept

An interesting and important ruling came out of the UK last week, as a journalist had a lawsuit against her thrown out by a judge, because it appears that much of the evidence came from police wiretapping her phone conversations with a source in the police department. The judge ruled that journalists have a right to protect their sources, and the police wiretaps were illegal. I'm not familiar enough with UK wiretapping laws to know if they needed a court's approval for the wiretap in the first place -- but on the whole this seems like a reasonable decision, as the case itself was quite troublesome. Basically, it sounded like the police wanted to plug leaks from within the department, and then bugged the journalist to find out who the leaker was, and with that info charged both the source and the journalist. That certainly seems like an abuse of police power to try to prevent future leaks, so it's good to see the court dismiss the whole thing.

9 Comments | Leave a Comment..

 
 

Reader Comments

(Flattened / Threaded)

    Dec 2nd, 2008 @ 4:56am
  • Jump to Conclusions Mat

    by Anonymous Coward

    Nice way to jump to conclusions. You have no details from the case and have admitted that, but automatically assume the worse.

    (reply to this comment) (link to this comment)

    • Dec 2nd, 2008 @ 5:33am
    • Re: Jump to Conclusions Mat

      by Noah Buddy

      @AC - Did you even RTFA? Personally I came to about the same conclusion as Mike.

      (reply to this comment) (link to this comment)

      • Dec 2nd, 2008 @ 8:15am
      • Re: Re: Jump to Conclusions Mat

        by Anonymous Coward

        Did you read any other articles? Wiretapping was not even involved. The guy's car was bugged. Do you take everything that Mike posts as fact? The fact is according to a quote I found on a BBC article the information was legally acquired.
        "It is noted that during the legal arguments the judge commented that the methods used to obtain the evidence were lawfully authorised by domestic law and that the actions of the police were proportionate."
        http://news.bbc.co.uk/2/hi/uk_news/7739758.stm
        So my point is that Mike automatically jumped to the conclusion that the information was illegally acquired when the case was thrown out for a completely different reason.

        (reply to this comment) (link to this comment)

      Dec 2nd, 2008 @ 6:11am
    • Re: Jump to Conclusions Mat

      by Luci

      What do you mean, 'assume the worst'? That's a comment you would need to back up. However, he didn't jump to conclusions. He inferred a possibility gleaned by reading the linked article. Having read the article, myself, I believe his inference is quite close to the actuality of this particular case.

      (reply to this comment) (link to this comment)

    Dec 2nd, 2008 @ 5:41am
  • Re: Jump to Conclusions Mat

    by Anonymous Coward

    I get tired of other Anonymous Cowards ruining our good name with inane personal attacks and completely FAIL at trolling.

    (reply to this comment) (link to this comment)

  • Dec 2nd, 2008 @ 7:47am
  • by Anonymous Coward

    From another AC (because I don't take the time to fill in the other fields) who didn't read the linked article:

    I don't know UK law either, so I won't comment on that aspect, but I do agree with the idea behind the result.

    The police should work to close leaks in their department. Not just the police, but private business and other government agencies have official means of disseminating information. Except for the whistle blower situations we should respect the fact that these entities have information that they wish to be kept secret until such time as those with authority choose to disseminate it.

    (reply to this comment) (link to this comment)

  • Dec 2nd, 2008 @ 11:08am
  • by Jesse

    So this seems right, punish the leaker, not the journalist. Journalists should be free to pursue leads.

    (reply to this comment) (link to this comment)

  • Dec 3rd, 2008 @ 4:56am
  • by Anonymous Coward

    FYI

    surveillance in UK is regulated by RIPA which says who has permission to do what sort of surveillance. If you want to know more, that's where to start looking.

    (reply to this comment) (link to this comment)

Add Your Comment

Have a Techdirt Account? Sign in now.
Get Techdirt’s Daily Email
Plain Text HTML
Save me a cookie
  • Plain Text: A CRLF will be replaced by break <br> tag, all other allowable HTML is intact
  • HTML: No formatting of any kind is done without explicitly being written in
  • Allowed HTML Tags: <b> <i> <p> <a> <em> <br> <strong> <blockquote> <hr> <tt>
Close
Have a Techdirt Account? Sign in now.
Get Techdirt’s Daily Email
Plain Text HTML Save me a cookie

Search Techdirt
And now, a word from our Sponsors..



Subscribe to Techdirt's Daily Email Newsletter

Techdirt's Daily Email Newsletter

Related Stories
Close
E-mail It