Policy paper

Amending the journalistic safeguard of the Investigatory Powers Act 2016

Draft remedial order to amend the journalistic safeguard at section 154 of the Investigatory Powers Act 2016 following Big Brother Watch and Others v UK (BBW).

• From: Home Office
• Published: 20 March 2023

This was published under the 2022 to 2024 Sunak Conservative government

Documents

Incompatibility under the Human Rights Act 1998: a proposal for a remedial order to amend the journalistic safeguard at section 154 of the Investigatory Powers Act 2016 (accessible)

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Incompatibility under the Human Rights Act 1998: a proposal for a remedial order to amend the journalistic safeguard at section 154 of the Investigatory Powers Act 2016

Ref: ISBN 978-1-5286-3934-7, E02868118

Unnumbered act paper

PDF, 512 KB, 20 pages

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Incompatibility under the Human Rights Act 1998: a proposal for a remedial order to amend the journalistic safeguard at section 154 of the Investigatory Powers Act 2016 (print-ready PDF)

Ref: ISBN 978-1-5286-3934-7, E02868118

PDF, 3.63 MB, 20 pages

This file may not be suitable for users of assistive technology.

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Details

This paper is a draft of a proposed remedial order to amend the Investigatory Powers Act 2016 (IPA). The amendments introduce improved safeguards relating to the selection for examination and retention of confidential journalistic material and sources of journalistic material derived from material acquired through bulk interception.

The document contains:

• important background information
• the incompatibility identified by the European Court of Human Rights
• the reasons for amending the IPA
• the terms of the remedial order

As well as the draft remedial order, the document also contains the explanatory note and the explanatory memorandum.

Published 20 March 2023