State surveillance an ‘attack on public interest journalism’, says NUJ member Vincent Kearney ahead of tribunal hearing

The Investigatory Powers Tribunal (IPT) will today hear of unlawful surveillance against former BBC journalist and National Union of Journalists (NUJ) member Vincent Kearney.

The three-day hearing, which takes place at the Royal Courts of Justice in London, follows an admission by MI5 that it had illegally obtained communications data from Kearney’s phone on two occasions in 2006 and 2009 while he was BBC Northern Ireland’s home affairs correspondent. Kearney, who is now the Northern Ireland editor for RTÉ News, has said this unlawful state surveillance amounted to not just an attack on him, but an attack on public interest journalism. 

Vincent Kearney said: 

"This process has confirmed that I was the target of a long and consistent campaign of unlawful interference with my confidential journalistic material by the PSNI, MI5 and other public authorities while working for BBC Northern Ireland. 

"The extent of the admitted illegal monitoring of my communications data over a period of many years in an attempt to identify sources was shocking and stark and it’s likely there was more than has been publicly conceded.   

"This conceded illegality has had a real and significant impact and has had a chilling effect on my ability to carry out public interest journalism. Former colleagues in the BBC have also suffered damage to source relationships. 

"These activities were not just an attack on me and my journalism, but also the journalism of the BBC and on public interest journalism itself. Journalists must be free to pursue their lawful duties without fear of illegal efforts by the state to drive a coach and horses through source confidentiality, which is an essential journalistic tenet." 

Kearney’s case arose in a separate IPT hearing, which ruled in December 2024 that the surveillance of NUJ members Trevor Birney and Barry McCaffrey by both the Police Service of Northern Ireland (PSNI) and the Metropolitan Police was unlawful. 

Laura Davison, NUJ general secretary, said: 

“These revelations involving state surveillance of journalists in the UK are deeply disturbing. Vincent Kearney’s case underlines the union’s concern over the conduct of police and security authorities, and the apparent disregard for journalists’ right to protect their sources. 

"This information wouldn’t have come to light without Vincent’s courage and the support of the BBC and his current employer RTÉ. The Investigatory Powers Tribunal process is secretive, protracted and costly, taking a significant toll on the wellbeing of our members. 

“The NUJ once again demands a broader, independent investigation to uncover the full extent of surveillance against journalists in Northern Ireland - not only by PSNI but also other police forces and security services.”  

In September 2025 the McCullough Review into covert measures by the PSNI against journalists in Northern Ireland was published. The NUJ welcomed the PSNI’s acceptance of the review's recommendations and called for a judge-led inquiry to investigate the full extent of systemic, unlawful surveillance against journalists, lawyers and human rights defenders in Northern Ireland. 

Séamus Dooley, NUJ assistant general secretary, said: 

“NUJ members everywhere but especially in Northern Ireland stand in solidarity with Vincent Kearney and the BBC at this time. Vincent stands in a line of journalists placed under surveillance because they dared to do their job. 

“It is profoundly disturbing but not surprising to be back at the IPT awaiting details of further evidence of abuse of power by those vested with protecting freedoms. There must be accountability and consequences for these actions.” 

Both Davison and Dooley are attending the first day of the hearing in support of Kearney, who has received messages of solidarity from across the union. 

Fran McNulty, NUJ joint president, said: 

“Public service journalists, like all journalists, must be able to pursue stories, investigate issues and engage with sources without any fear of surveillance and intrusion by the state. What has been uncovered in Vincent’s case is of the utmost concern. The pursuit of Vincent was entirely counter to the public interest and I with all journalists express solidarity with him, and assure him of the NUJ’s unwavering support.”

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