MI5 to pay compensation for surveillance on journalists phone

MI5 and the Police Service of Northern Ireland (PSNI) have been mandated to pay £20,000 in damages to journalist Vincent Kearney after unlawfully accessing his phone records. This ruling came through the Investigatory Powers Tribunal (IPT) in London, marking what is believed to be the first occasion MI5 has been ordered to compensate a journalist. Kearney, a former BBC correspondent focused on policing and security in Northern Ireland, was the target of secret operations designed to uncover the identities of his confidential sources during his tenure at BBC Northern Ireland.

Kearney, who worked at the BBC for 18 years before joining RTÉ as northern editor in 2019, experienced multiple covert operations between 2006 and 2014. Four of these were conducted by the PSNI, which went further to compile a profile on him that included details such as car registrations and the names of his wife and mother-in-law, likely for the purpose of surveillance. Speaking to BBC News NI, Kearney emphasized the fundamental journalistic principle of protecting the identity of sources and expressed concern over the illegal actions by both MI5 and the PSNI, which undermined his professional work and damaged public interest journalism.

The illegal surveillance had a chilling effect on Kearney’s sources, many of whom became hesitant to share information once it became clear that their communications had been monitored. He stated, “Several sources told me that they didn’t feel comfortable dealing with me anymore because I could no longer promise to protect their identity.” Although Kearney did not initially pursue damages, focusing instead on unveiling the full scope of the surveillance to the public, he acknowledged, “It’s important that both organisations are made to actually pay a price, as well as being held to account and criticised for what they did.” Following the tribunal’s decision, the PSNI Chief Constable Jon Boutcher personally apologized to Kearney, affirming that the phone intrusions should not have occurred. Nevertheless, Kearney remains concerned about the police’s accountability, including whether the officers involved still serve with the PSNI.

Kearney first became aware of some of the unlawful activity in 2024, after an earlier IPT case brought by other Northern Ireland journalists shed light on similar issues. The extent of interference with his journalistic data was only fully revealed through legal disclosures during the IPT proceedings. The tribunal highlighted the importance of Kearney’s journalism to public debate in Northern Ireland and stressed that the protection of sources serves the public interest, not merely the individual journalist. Both MI5 and the PSNI were ordered to pay £10,000 each. The PSNI has since admitted the authorizations for surveillance were unlawful and disproportionate, pledging that significant changes in policies have been implemented. The ruling was welcomed by the National Union of Journalists, with assistant general secretary Séamus Dooley calling it a “landmark judgement” that exposes troubling treatment of journalists and supports calls for a judge-led inquiry into the unlawful surveillance of journalists, lawyers, and human rights defenders

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