The effect of new communication regulations on investigative journalism in the UK

Posted by Emma Heald on April 14, 2009 at 10:13 AM

The Guardian's Charles Arthur wrote about concerns that the British government's new regulations on phone and email privacy might have "dealt a killer blow" to investigative journalism. The regulations require telephone and Internet companies to keep logs of what numbers are called, and which websites and email services are accessed, which could be extremely problematic for journalists who want, and sometimes need, to protect their sources.

Following a judge's clearance, every government department and local council can have access to this data, and the worry is that less scrupulous individuals could use it to identify sources who have in some way injured them. Arthur cited, for example, the possibility that such data might "be used to find out who has been tipping off a journalist on a local paper about the misdeeds of local councillors."

According to the 1981 Contempt of Court Act, journalist's sources can stay secret unless disclosure is necessary "in the interests of justice or national security or for the prevention of disorder or crime". But now, it will become far easier for the police, government or councils to work backwards from a journalist's phone calls to find out the identity of a source. Another concern is whether the information will stay with the police and other official sources, or whether if enough money is offered, the database might become available to anybody.

Investigative journalist Duncan Campbell believes that "investigative reporting is desperately threatened by what this government is doing," but that the good news is that "surveillance methods that would close down what we do are still one step away." What would be truly harmful, according to Campbell, is if the police put information such as emails and phone calls, or vehicle licence plates' movements, into a real time system that anyone can access.

But in the meantime, what should journalists do to protect their sources? The Guardian's investigations editor David Leigh recommends simply avoiding technological tracking: send letters. Campbell suggested using pay-as-you-go phones with unregistered sim cards, as drug dealers and terrorists might. And to avoid your car number plate being tracked by the police, travel by motorbike: these tend to have plates only on the back, while the police system looks at the front.

Fears about the demise of investigative journalism due to financial reasons have already been sweeping across the industry for quite some time, and have led to the creation of alternatives such as ProPublica, Voice of San Diego, MinnPost, and the European Fund for Investigative Journalism. Has technology also negatively affected the craft? These new regulations are potentially very harmful, believes Leigh, but overall the Internet has benefited journalists, giving them information at their fingertips, and allowing them to spread stories that matter far more widely.

Source: Guardian