‘It’s in no one’s interest to cover up wrongdoing in the public sector’ – but journalists’ sources are under attack

Sign the Save Our Sources petition

Earlier this year, a frightened public sector worker who had leaked a story to the press which was undoubtedly in the public interest called Press Gazette to ask if they were in danger of being arrested under Operation Elveden. They were concerned because although they didn’t receive payment for their story, they did ask for a charitable donation to be made. (Picture: Shutterstock)

This was a constant weight on their mind and they wanted to know when they could afford to feel safe. Press Gazette did not have the answer. The whistleblower also made clear that they would be too frightened to blow the whistle on their public authority employer in the future.

Some 87 people have now been arrested under the Metropolitan Police’s Operation Elveden, which is investigating payments to public officials.

In response to the news that the Met Police had used the Regulation of Investigatory Powers Act to obtain the phone records of The Sun newsdesk and political editor Tom Newton Dunn, which resulted in three officers losing their jobs and arrested, Press Gazette started the Save Our Sources campaign.

Press Gazette's petition urges the Interception of Communications Commissioner to ensure that RIPA is not used by public authorities to secretly obtain journalists’ phone records. It has been signed by more than 800 journalists, media law experts, politicians and concerned citizens. And the vast majority of signatories appear to share the same concerns about how willing whistleblowers will be to come forward in future.

It is not yet clear (Press Gazette has sent a number of freedom of information requests) how widespread the use of RIPA against journalists and their sources is.

But was is clear is that the confidentiality of journalistic sources in the UK, once sacrosanct, is in danger like never before:

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Nick Davies and Tom Harper, journalists for The Guardian and Independent respectively who covered phone-hacking, have suggested that the News of the World scandal has been used by police management to prevent and criminalise whistleblowing
In May, Constance Briscoe was imprisoned for 16 months after she emerged as the source of The Mail on Sunday’s investigation into the Chris Huhne-Vicky Pryce scandal. The newspaper was forced to disclose information to Kent and Essex police after orders were made a pre-trial hearing in the Huhne trial. This proved that Briscoe had lied to police

In March 2013, The Sunday Times was forced by a judge to hand over confidential correspondence with Vicky Pryce which exposed her as a source and helped secure her conviction for conspiring to mislead the police after swapping speeding points with Chris Huhne

In 2013, HMRC used RIPA to prove that a whistleblower who exposed a “sweetheart” deal with Goldman Sachs had spoken to The Guardian. It is not yet clear whether the newspaper’s then investigations editor David Leigh was targeted, or whether it was just the employee himself
This month, the Ministry of Defence issued guidelines stating that all employees should inform a press officer of meetings with journalists – even in a social setting
This week, Celebrity Big Brother star Chantelle Houghton made an application to a judge to find out the source of a story which Closer magazine planned to publish. The judge rejected the request, saying: "The integrity of sources is fundamental to the operation of a free press in a democratic society."

Earlier this month, after speaking about the treatment of The Guardian amid the Edward Snowden revelations and the Met Police’s use of RIPA, Alan Rusbridger – a Save Our Sources supporter – said that "confidentiality of sources is in peril" because of government surveillance.

And a number of signatories to Press Gazette's campaign agree, speaking of the “chilling” effect the Met’s actions have had on whistleblowers.

Former Press Gazette deputy editor Jon Slattery said “whistleblowers will never come forward” if journalists cannot ensure their protection, while Gareth Corfield, of the Register, said: “There is a huge public interest in whistleblowing and sources being able to talk to journalists about wrongdoing without fear of being punished by vengeful managers.”

Karis Dowsell, of the South Wales Evening Post and Llanelli Star, said: “A free and independent press is vital to our society and democracy – without trust of sources the freedom of the press will crumble.” And Manchester Evening News journalist Katie Storey said:”I want my sources to know they can provide information in confidence.”

Denise Eaton, editor of the Kent Messenger, said: “It’s in no-one’s interest to cover up wrongdoing in the public sector; such police action only serves to scare those who want to expose failings into submission, secrecy and silence.”

“People should be able to speak out against wrongdoing in the knowledge they will not be penalised for it,” said Kathryn Bradley, of the Eastern Daily Press. “The actions of police spying on journalists will just mean fewer people will be prepared to speak out in the future and we will all be worse off as a result.”

Money Market reporter Sam Dale said that some sources “only give me information because they know their names will not be revealed”, and Duncan Brodie, of the East Anglia Daily Times, said: “As a working journalist, the protection of my sources is vital for retaining the trust of informants who may provide information vital to the public interest but only on the basis of anonymity.”

Professional Police reporter Liam Barnes said that allowing the police to use RIPA in such a manner “has a deeply chilling effect on the already precarious business of investigative journalism and whistleblowing”.

Former Al Jazeera journalist James Brownsnell said he would be willing to go to jail to protect his sources if necessary. “The protection of confidential sources such as whistleblowers is fundamental to our democracy, it is fundamental to the ability to hold the powerful to account.”

Here is a full list of Save Our Sources signatories: