The Northeast Iceland District Court has ruled on Stundin journalist Aðalsteinn Kjartansson’s appeal to determine the legality of a police investigation into his and other journalists’ alleged distribution of sexual material from the stolen phone of a Samherji ship captain. The judge concluded that Northeast Iceland Police chief Páley Borgþórsdóttir was wrong to give official defendant status to Aðalsteinn on those grounds, Vísir reports.
As previously reported, four journalists are under investigation by Northeast Iceland Police. While it initially appeared the investigation was into the journalists’ reporting on leaked communications between several Samherji employees calling themselves the company’s “guerrilla division.” However, they were instead accused of violating Articles 228 and 229 of the Penal Code — legislation implemented to protect victims of digital sexual violence. They were given the legal status of defendants in the case.
A law isn’t broken by a journalist receiving data
As per news site Stundin, the Northeast Iceland District Court determined the journalists were not considered to have breached the law simply for receiving and viewing sensitive personal data since it is part of a journalist’s job to receive data and tips and determine if it is in the public interest to pursue them.
The ruling notes that, in general, the mere act of receiving and opening data sent without the recipient’s consent is not a criminal offence.
A case built on sand?
The district court’s verdict also states that it cannot be concluded from police documents that ship captain Páll Steingrímsson contacted the police because of the personal videos on his phone, which the police claimed to be the reason for Aðalsteinn being named as a defendant.
Gunnar Ingi Jóhannsson, Aðalsteinn’s lawyer, told Stundin the ruling confirms his argument that “the police’s case against the journalists is built on sand.”