The Metropolitan Police is facing criticism after warning media outlets that publishing leaked documents could be a “criminal matter.”
The police force on Friday launched a probe into the explosive leak of cables from UK ambassador to the US Sir Kim Darroch, which were published in The Mail on Sunday on 7 July.
Assistant Commissioner Neil Basu warned: “The publication of leaked communications, knowing the damage they have caused or are likely to cause may also be a criminal matter.
“I would advise all owners, editors and publishers of social and mainstream media not to publish leaked government documents that may already be in their possession, or which may be offered to them, and to turn them over to the police or give them back to their rightful owner, Her Majesty’s Government.”
Chilling effect
The comments have led to significant blowback from politicians and journalists.
Conservative leadership frontrunner Boris Johnson said at a campaign event on Saturday: “Media organisations should feel free to bring important facts into the public domain.
“There can be no conceivable case in my view for prosecuting newspapers or media organisations for publishing stuff like this, where there plainly isn’t any risk to national security.”
Mr Johnson added: “A prosecution on this basis would amount to an infringement on press freedom and have a chilling effect on public debate.”
Foreign Secretary Jeremy Hunt added on Twitter: “The person responsible [for the leaks] MUST be held fully to account.
These leaks damaged UK/US relations & cost a loyal ambassador his job so the person responsible MUST be held fully to account. But I defend to the hilt the right of the press to publish those leaks if they receive them & judge them to be in the public interest: that is their job
— Jeremy Hunt (@Jeremy_Hunt) July 13, 2019
“But I defend to the hilt the right of the press to publish those leaks if they receive them & judge them to be in the public interest: that is their job.”
Anti-democratic
A spokesperson for the National Union of Journalists told i: “The leaks are clearly in the public interest and the police should not be threatening journalists.”
George Osborne, currently editor of the Evening Standard, said in a tweet: “If I were the Metropolitan Police Commissioner, and I wanted to maintain my credibility and the credibility of my force, I would quickly distance myself from this very stupid and ill-advised statement from a junior officer who doesn’t appear to understand much about press freedom.”
What a mess the Met Police have got themselves into attacking press freedom. No prosecution would have a chance of succeeding anyway. I predict a u-turn today by Commissioner overruling Mr Basu; if they stick with his threats to the media then there will be calls for resignations
— George Osborne (@George_Osborne) July 13, 2019
The Sunday Times political editor Tim Shipman also denounced the “sinister, absurd, anti-democratic statement this evening threatening journalists with arrest for printing government leaks,” adding: “Do you have any comprehension of a free society? This isn’t Russia.”
However, former Defence Secretary Michael Fallon defended the police.
He told the BBC’s Today programme: “If they are receiving stolen material they should give it back to its rightful owner and they should also be aware of the huge damage that’s already been done and the potentially even greater damage that could be done by further breaches of the Official Secrets Act… that’s the law of the land.”
Sir Michael said that publication of the leaked communications “looks like a breach of the Official Secrets Act,” adding: “The Mail on Sunday must make its decision if it’s proposing to publish more material.”
Criminal offence
In a subsequent statement, Assistant Commissioner Neil Basu said: “The Metropolitan Police respects the rights of the media and has no intention of seeking to prevent editors from publishing stories in the public interest in a liberal democracy.
“The media hold an important role in scrutinising the actions of the state.
“We are however a body charged with enforcing the law, and we have received legal advice that has caused us to start a criminal enquiry into the leak of these specific documents as a potential breach of the Official Secrets Act (OSA).
“The focus of the investigation is clearly on identifying who was responsible for the leak.
“However, we have also been told the publication of these specific documents, now knowing they may be a breach of the OSA, could also constitute a criminal offence and one that carries no public interest defence.”
Mr Basu added: “We know these documents and potentially others remain in circulation.
“We have a duty to prevent as well as detect crime and the previous statement was intended to alert to the risk of breaching the OSA.”