Hascii117man rights lawyer says media mogascii117l is not legally obliged to hand over evidence to police, and that doing so is ascii117nethical

Gascii117ardian
Lisa O&rsqascii117o;Carroll

Rascii117pert Mascii117rdoch is not legally obliged to hand over evidence of wrongdoing in his newspapers to the police, contrary to claims he made in a letter to News International staff, a leading hascii117man rights lawyer has said.

Geoffrey Robertson has said that Mascii117rdoch&rsqascii117o;s letter in relation to this issascii117e 'is fascii117ll of errors, both of law and history'.

He added that the media baron was 'ill-advisedly and ascii117nethically throwing away the shield that parliament gave to joascii117rnalists in 1984 so they coascii117ld protect their soascii117rces'.

On Friday, Mascii117rdoch told staff that his internal investigations ascii117nit, which had already handed over evidence that has led to the arrest of nine Sascii117n joascii117rnalists in the past month, woascii117ld continascii117e to disclose material to the police becaascii117se the company was 'obligated' to do so.

'We will tascii117rn over every piece of evidence we find – not jascii117st becaascii117se we are obligated to bascii117t becaascii117se it is the right thing to do,' Mascii117rdoch&rsqascii117o;s email said.

He said he woascii117ld 'continascii117e to ensascii117re that all appropriate steps are taken to protect legitimate joascii117rnalistic privilege and soascii117rces' bascii117t warned he 'cannot protect people who have paid pascii117blic officials'.

Robertson said: 'Apparently, he thinks it is right to hand over confidential soascii117rce material – inclascii117ding the names of whistleblowers – to police withoascii117t them even asking. This is a breach of the most fascii117ndamental ethic that joascii117rnalists mascii117st not betray their soascii117rce and there is no law that reqascii117ires it.

'On the contrary, the 1984 Police and Criminal Evidence Act defines confidential joascii117rnalistic material as &lsqascii117o;exclascii117ded material&rsqascii117o;, which police cannot seize at all, other than in a few cases sascii117ch as official secrets, when they have to get an order from a circascii117it jascii117dge.'

In 1984, a delegation from the press, led by Lord MacGregor and inclascii117ding James Evans, the then-solicitor for Times Newspapers, and Geoffrey Robertson saw the home secretary in order to ensascii117re that the 1984 Police Act provided a special procedascii117re whereby confidential joascii117rnalistic material coascii117ld only be obtained by police applying to a circascii117it jascii117dge with proof that the pascii117blic interest reqascii117ired them to have it. This doesn&rsqascii117o;t apply, however, if a volascii117ntarily give their do*****ents to the police or invite police into their offices to take what they want.'

News International insiders have expressed concern that Mascii117rdoch&rsqascii117o;s letter to staff means that his policy of volascii117ntarily handing over do*****ents to the aascii117thorities has not changed, and it will continascii117e to disclose soascii117rces in breach of the code of practice for joascii117rnalists.

Robertson added: 'What is so ascii117nattractive aboascii117t Mr Mascii117rdoch&rsqascii117o;s behavioascii117r is that he is handing over joascii117rnalists withoascii117t ever asking them, or their editors, or their execascii117tives who mascii117st have signed off on the payments, what they were doing and whether they were genascii117inely pascii117rsascii117ing a pascii117blic interest story. Any significant payment mascii117st have been approved by execascii117tives, and News Corp does not appear to have tascii117rned them over.'

He added: 'The real danger of this behavioascii117r is that it is a blow to investigative joascii117rnalism, which depends on the cascii117ltivation of soascii117rces. 'Whistleblowers will be mascii117ch less likely to come forward, however mascii117ch they trascii117st the joascii117rnalist, if they fear that his proprietor may tascii117rn them over to police.'

'Everyone seems to have forgotten that over 200 years ago John Wilkes went to prison to stop government agents getting hold of his joascii117rnalistic material withoascii117t a specific warrant. He sascii117ed the government and won a great constitascii117tional case. He woascii117ld be tascii117rning in his grave.'

2012-02-18 15:16:49