§ Baroness Jegerasked Her Majesty's Government:
Whether there is any public demand that judicial proceedings should not be brought against editors and writers who, in accordance with Article 19 of the International Covenant on Civil and Political Rights and Article 10 of the European Convention on Human Rights, refuse to submit their sources of information to the police; and, if so, what is their response. [HL2301]
§ Lord Bassam of BrightonThe Government know of some recent concern in relation to police investigations into alleged offences under the Official Secret Acts.
Sections 11, 13 and 14 of the Police and Criminal Evidence Act 1984 afford "journalistic material" special protection. It is recognised in Section 9 of the Act, however, that there are occasions when it will be right to allow the police to seek an order from a circuit judge for the production of such material. Failure to comply with a production order will leave it open for the judge to punish the person concerned for contempt.
This procedure is compatible with Article 19 of the International Covenant on Civil and Political Rights which, in its third paragraph, recognises that freedom of expression carries with it duties and responsibilities. It sets out areas where that freedom may be subject to restrictions if they are provided by law and necessary in a democratic society. Article 10 of the European Convention on Human Rights makes similar provision.
It is quite proper for the police to use these powers to investigate allegations of criminal wrongdoing and they should do so free from government direction or interference. It is also right for the courts to determine where the balance should lie between journalistic freedom and the other interests recognised both by the covenant and the convention.