United Kingdom

[GB] Protecting Journalists' Sources

IRIS 1999-10:1/25

David Goldberg

deeJgee Research/Consultancy

The so-called Bloody Sunday Tribunal (a Tribunal to inquire into "a definite matter of urgent public importance, namely the events on Sunday, 30 January 1972 which led to loss of life in connection with the procession in Londonderry on that day, taking account of any new information relevant to events on that day") has issued a ruling dealing with eight specific issues involving various media organisations which have made applications to the Tribunal; and also in connection with an instance of destruction of a journalist's notes. And, in a decision which has implications for all audio-visual media news editors, the Lord Chief Justice of Northern Ireland, Sir Robert Carswell, ruled in the High Court in Belfast, on 27 October, that the northern Ireland editor of the Dublin "Sunday Tribune", Mr Ed Moloney, did not have to hand over notes of an interview with a police informant to the London Metropolitan police force who were conducting a murder investigation at the invitation of the Royal Ulster Constabulary. The crucial legal basis for the decision was, Sir Robert said, that «Police have to show something more than a possibility that the material will be of some use. They must establish that there are reasonable grounds for believing that the material is likely to be of substantial value to the investigation.» The High Court's decision reversed the lower court's finding.


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This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.