OSCE media freedom representative urges caution and further consideration of new Investigatory Powers Bill in the United Kingdom

VIENNA, 10 November 2015 – OSCE Representative on Freedom of the Media Dunja Mijatović today urged the Parliament of the United Kingdom to exercise great caution, and give ample consideration, to the right to freedom of information and free expression when debating a draft bill that could increase the surveillance powers of law enforcement authorities in the country.

“The proposed bill provides for a wide expanse of surveillance activities that could fundamentally alter the way the state protects the freedom to seek, receive and impart information,” Mijatović said. “Any legislation that allows government snooping must be narrowly drawn and include guarantees, as a basic pre-condition for investigative journalism, that confidentiality of journalists’ sources would not be compromised.”

The Investigatory Powers Bill, among other things, gives law enforcement agencies the right to collect and require Internet service providers to maintain users’ connection data for up to a year, which could lead to the disclosure of journalists’ sources.

“I do recognize and fully respect the importance of any government’s legitimate security efforts and preventive measures, but all necessary mechanisms protecting free expression and media freedom must be preserved in order not to obstruct journalists’ work,” Mijatović said.

She said her Office is following closely the very negative legislative trend where several OSCE participating States adopted, or are in the process of adopting, security driven legislation that potentially could infringe on freedom of expression and lead to disclosure of journalists’ sources.

“An effective and thorough judicial review of attempts to reveal journalists’ data must be provided for in any legislation that affects journalists’ basic rights, including the confidentiality of sources,” Mijatović said.

In January this year the Representative wrote to the authorities in the United Kingdom expressing her concern about the Regulation of Investigatory Power Act (RIPA) and the disclosure of communications data. She stressed that governments should safeguard the right of journalists to protect their confidential sources.

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. She provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.