OSCE Representative raises concern over seizure of New York Times’ journalist’s records in the United States

VIENNA, 8 June 2018 - The OSCE Representative on Freedom of the Media, Harlem Désir, today sent a letter to the United States authorities to express concern about the seizure of a journalist’s records as part of an ongoing investigation into the leaking of classified information and to enquire whether the seizure respected national and international standards on the protection of journalistic sources.

According to reports, New York Times’ national security reporter Ali Watkins had years’ worth of her phone and e-mail records seized as part of a leak investigation against James A. Wolfe, the Senate Intelligence Committee’s former director of security. Watkins, who had also worked for Buzzfeed News and Politico, had been notified that the Justice Department had acquired years’ worth of her customer records and subscriber information on 13 February 2018.

“The seizure of Watkins’ data undermines the principle of protection of journalistic sources, which is essential for the exercise of newsgathering. It hampers her ability to work freely as a journalist. Furthermore, it could have a chilling effect on the work of other investigative journalists,” Désir said.

In his letter, Désir also asked for clarification on whether investigators had exhausted all other possibilities before taking Watkins’s information.

Désir highlighted that the right to freedom of expression encompasses the protection of journalistic sources. He recalled that in the General Comment No 34, the authoritative interpretation of Article 19 of the International Covenant on Civil and Political Rights, the UN Human Rights Committee clearly indicates that freedom of expression includes the protection of journalistic sources (paragraph 45).

The Representative also cited the recommendation made by the Special Rapporteur on freedom of opinion and freedom of expression, David Kaye, in his 2015 report the UN General Assembly, that “any restrictions on confidentiality must be genuinely exceptional and subject to the highest standards, and implemented by judicial authorities only,” (A/70/361, para 62).

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. He provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, twitter @OSCE_RFoM and on www.facebook.com/osce.rfom.