Journalists have the right not to disclose the identity of their sources.
The right not to reveal journalistic sources
The protection of journalistic sources is one of the key rights that journalists have in order to exercise their freedom of expression and to fulfil their function as a ‘’public watchdog”. The confidentiality of journalists' sources is protected in the exercise of their mission to inform the public. Without such protection, journalists’ sources may refrain from helping them to fulfil their function.
The Human Rights Committee says that “States parties should recognize and respect that element of the right of freedom of expression that embraces the limited journalistic privilege not to disclose information sources”.
Journalists have this right regardless of whether their sources obtained the information legally or illegally. The right not to reveal their sources protects journalists not only from specific orders to reveal the name of the source, but also from actions by the police or some other public authority which could lead to the identification of the source.
example The police cannot order a journalist to provide documents containing a lead to the identification of the source, listen in on a journalist’s phone conversations or search his/her house and data storage devices.
However, the secrecy of journalistic sources is not absolute and can be restricted in exceptional circumstances:
Restrictions
A journalist may be required to reveal their sources only if there is a public interest involved and if measures adopted are strictly necessary and proportional in pursuit of a legitimate aim.
example The need to identify the person (source) who leaked a company’s confidential corporate plan or information in a highly sensitive criminal case, would not automatically be considered to be in the overriding public interest, justifying the disclosure of journalistic sources.
Any interference with the secrecy of a journalist’s sources must be treated with utmost caution. There should be adequate legal safeguards to prevent the authorities from abusing such exceptions.
The judge can order measures to uncover the journalist's sources, but cannot force the journalist to reveal them. When ordering these measures, the judge should assess:
- the necessity of the infringement whether the information required is related to a serious crime, such as child abuse
- the importance of the information sought
- the fact that the information requested is essential for the determination of the truth
However, journalists have the right to refuse any pressure and to divulge their sources. For example, journalists cannot be compelled to give a statement to reveal the origin of their sources.