Page 226 - Law and the Media

Protection of Journalistic Sources
reporter to reveal the name of his source. The health authority argued that the interests of
justice demanded the identification of the person who had wrongly divulged the medical
records because he had committed a criminal act. The health authority also argued that
disclosure was necessary in order to prevent any further dissemination of confidential
information. The court granted a permanent injunction to restrain the publication, but refused
to order that the reporter name his source. It held that the prevention of crime was not the
responsibility of the health authority, and that the health authority had not established
disclosure was necessary in the interests of justice.

11.2.5 Section 6 of the Official Secrets Act 1920

There is an exception to the general rule that journalistic sources are protected. Section 6 of
the Official Secrets Act 1920 states:

Where a chief officer of police is satisfied that there is reasonable ground for
believing that an offence [of ‘espionage’] under Section 1. . .(of the Official
Secrets Act 1911) . . . has been committed and for believing that any person is able
to furnish information as to the offence or suspected offence, he may . . . with the
permission of the Secretary of State, authorize a senior police officer to require the
person to reveal the relevant information, or, in a case ‘of great emergency’ he may
require that the information be revealed without first obtaining the Secretary of
State’s permission.

Any person who fails to comply with such a requirement or knowingly gives false
information commits an offence.

11.3 Police powers under the Police and Criminal
Evidence Act 1984

The provisions giving the police the power under Sections 8 and 9 of the Police and Criminal
Evidence Act 1984 (‘the PACE’) to search for and seize material are complex. Special
protection is given to material acquired or created for journalism.

The police often treat applications for orders to seize material as routine. However, when
considering applications involving journalistic material, the court should weigh carefully the
public interest in investigating crime and the public interest in the freedom of the press.

11.3.1 Section 8 Police and Criminal Evidence Act 1984

Under Section 8 PACE, a justice of the peace may authorize a police constable to enter and
search premises for material if there are reasonable grounds for believing that:
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