3 Dealing with leaks
21. Financial reward might provide an incentive
for police officers to leak information to journalists. In 2003
the editor of The Sun newspaper admitted to the Culture, Media
and Sport Committee in evidence to its inquiry into Privacy
and Media Intrusion that journalists on her paper "have
paid the police for information in the past". When asked
if the practice would continue in future, she replied "it
depends".[20]
22. Professor Silverman was aware of journalists
who had paid police officers for information, although it was
not common practice:
My understanding is that in some of those cases …
where a photographer conveniently happens to be there when a celebrity
is being arrested, money has changed hands …
We have talked about money, but I would estimate
that most off-the-record chats, leaks, or whatever, come about
because there is a relationship of trust between a journalist
and a police officer. In my experience, that accounts for the
majority of information or leaks that are passed from the police.[21]
23. He personally disapproved of the practice
and thought most members of the National Union of Journalists
would likewise disapprove:
I would not defend a tip-off to a journalist where
money has changed hands … and, in answer to a question earlier
about is that against the law, it is certainly against police
discipline regulations and I would expect officers who accept
money for that to be disciplined.[22]
He told us that in his understanding it was unethical
rather than unlawful for journalists to pay police officers for
information.[23]
24. According to Deputy Chief Inspector Trotter,
the passing of money is "far less frequent" than it
ever was.[24] He told
us that leaks can in themselves be unlawful if they breach the
Official Secrets Act and that "malfeasance in a public office
is a charge we have used before against anyone leaking information
and, clearly, would be a breach of discipline".[25]
25. Deputy Chief Constable Trotter noted that
while police forces considered such leaks to be "entirely
reprehensible", it was often difficult to locate the source:
We launch inquiries whenever we have information
that there has been a leak, but clearly journalists do not give
up their sources very easily. Even when we track telephone traffic
between them, proving the offences is quite difficult and, of
course, we find it is not always police officers; there are sometimes
others who are privy to information.[26]
However, there have been cases that have resulted
in officers receiving prison sentences or losing their jobs. Data
collected from 33 forces showed that 8 investigations were carried
out in 2005/06, 25 in 2006/07 and 33 in 2007/08.[27]
26. Shami Chakrabarti argued:
My concern is not necessarily to have more criminalisation
or more police officers banged up, it is really about trying to
achieve a culture change where people up and down the service
understand that it is wrong; why it is wrong.[28]
Liberty has recommended the development of proper
guidelines to govern briefings to the media by police officers
or civil servants during counter-terrorist operations, failure
to adhere to which should result in disciplinary action.[29]
27. On 25 November Sally Murrer, a journalist,
and Mark Kearney, formerly a detective sergeant at Thames Valley
Police, were acquitted at Kingston-upon-Thames Crown Court of
the charges of aiding and abetting misconduct in public office
in relation to the leaking of confidential information. According
to the judge, Mr Justice Southwell, Article 10 of the European
Convention on Human Rights, and subsequent case law across Europe,
protect journalists and their sources from criminal prosecution
unless they involve matters of national security or impair the
investigation of a serious crime.[30]
28. The leaking of information
from police officers to journalists is not in itself a criminal
offence, unless it breaches the Official Secrets Act or impairs
the investigation of a serious crime. It is, however, a breach
of police discipline regulations. Police forces appear to take
such breaches seriously but often find it difficult to identify
the source of the leak. It is therefore important to effect a
cultural change by frequently reminding officers of the harm
that may arise from leaking information. We support Liberty's
recommendation for the development of detailed and enforceable
guidelines to govern briefings to the media by police officers
or civil servants during counter-terrorism operations.
20 Culture, Media and Sport Committee, Fifth Report
of Session 2002-03, Privacy and Media Intrusion, HC 458,
para 92 Back
21
Qq 18, 24 Back
22
Qq 18, 23 Back
23
Q 28 Back
24
Q 50 Back
25
Q 35 Back
26
Q 35 Back
27
Q 39; Ev 20 Back
28
Q 13 Back
29
Liberty, Setting the Record Straight-the dangers of "off-the-record"
briefings to the media during police counter-terrorism operations,
May 2007, http://www.liberty-human-rights.org.uk, p 12 Back
30
"Judge throws out 'leak case' against journalist Sally Murrer
and her police source", The Times, 28 November 2008,
www.timesonline.co/uk Back
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