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ation on the right of journalists not to disclose their sources of information 80 2010 report on the protection of journalists sources from the council of europe coe parliamentary assembly highlighted the need to limit exceptions to legal source protection provisions 2011 council of europe human rights commission issues discussion paper on protection of journalists from violence coe hrc 2011 noting that the fight against terrorism does not allow the authorities to circumvent this right by going beyond what is permitted article 10 of the echr and recommendation r 2000 7 81 2011 council of europe parliamentary assembly adopted recommendation 1950 on the protection of journalists sources coe 2011 recommending that the committee of ministers call on all their member states to legislate for source protection review their national laws on surveillance anti terrorism data retention and access to telecommunications records co operate with journalists and media freedom organisations to produce guidelines for prosecutors and police officers and training materials for judges on the right of journalists not to disclose their sources develop guidelines for public authorities and private service providers concerning the protection of the confidentiality of journalists sources in the context of the interception or disclosure of computer data and traffic data of computer network 82 2014 declaration of the committee of ministers on the protection of journalism and safety of journalists and other media actors adopted a favourable environment for public debate requires states to refrain from judicial intimidation by restricting the right of individuals to disclose information of public interest through arbitrary or disproportionate application of the law in particular the criminal law provisions relating to defamation national security or terrorism the arbitrary use of laws creates a chilling effect on the exercise of the right to impart information and ideas and leads to self censorship 83 january 2015 council of europe committee on legal affairs and human rights report on mass surveillance resolution and recommendation addressed the implications for journalistic source protection in the context of freedom of expression and access to information the resolution included the following statement the parliamentary assembly is deeply concerned about mass surveillance practices disclosed since june 2013 by journalists to whom a former united states national security insider mr edward snowden had entrusted a large amount of top secret data establishing the existence of mass surveillance and large scale intrusion practices hitherto unknown to the general public and even to most political decision makers 84 may 2014 council of the european union eu human rights guidelines on freedom of expression online and offline included the following statement states should protect by law the right of journalists not to disclose their sources in order to ensure that journalists can report on matters in the public interest without their sources fearing retribution all governments must allow journalists to work in a free and enabling environment in safety and security without the fear of censorship or restraint 85 bulgaria poland and romania edit in bulgaria poland and romania unauthorized access to information by government entities were identified in several cases 86 in those political regions policies such as mandatory registration of pre paid sim mobile phone cards and government access to cctv make hacking tools and surveillance a lot easier netherlands edit in the netherlands a 2006 case ruled that in cases of minimal national security interest do not supersede source confidentiality bart mos and joost de haas of the dutch daily de telegraaf in an article in january 2006 the two journalists alleged the existence of a leak in the dutch secret services and quoted from what they claimed was an official dossier on mink kok a notorious criminal they further alleged that the dossier in question had fallen into the hands of kok himself a subsequent police investigation led to the prosecution of paul h an agent accused of selling the file in question upon motions by the prosecution and the defence the investigative judge in the case ordered the disclosure of the source for the news story on the grounds that it was necessary to safeguard national security and ensure a fair trial for h the two journalists were subsequently detained for refusing to comply with the disclosure order but were released on appeal after three days on november 30 the hague district court considered that the national security interest served by the order was minor and should not prevail over the protection of sources 87 north and south america edit in the americas protection of sources has been recognized in the inter american declaration of principles on freedom of expression which states in principle 8 that every social communicator has the right to keep his her source of information notes personal and professional archives confidential 88 united states edit main article reporter s privilege in the united states unlike doctor patient or lawyer client confidentiality reporters are not afforded a similar legal shield communications between reporters and sources have been used by the fbi and other law enforcement agencies as an avenue to information about specific individuals or groups related to pending criminal investigations 89 branzburg v hayes edit in the 1971 case of branzburg v hayes the court ruled that reporter s privilege was not guaranteed by the first amendment but the publicity surrounding the case helped introduce the concept of reporter s privilege into public discussion as a result of the case branzburg a kentucky reporter was forced to testify about his sources and story to a grand jury 3 tracy v missoula edit a university of montana student linda tracy was issued a subpoena for video she took of a violent encounter between police officers and a group of residents when the case which was ultimately dismissed involved attaining unedited footage of the encounter which part of was used in a documentary linda tracy made as for an undergraduate journalism class although she won the case her status as a real journalist was called into question even with the victory the court did not specifically address if protections and privacy extended to student journalists but because of the nature of her intent and the project she could not be coerced to releasing the footage 90 the case helped help further battles in student journalism and press freedoms at an educational level citation needed electronics communications and privacy act edit the electronic communications privacy act passed in 1986 and protects bank transactions telephone digits and other information the act also encompasses what organizations must provide to law enforcement with a subpoena such as name address durations of services used type of device used and source of payment this is known as required disclosure policies it later included provisions to prohibit access to stored electronic devices 91 edward snowden edit former cia employee edward snowden further impacted the relationship between journalism sources and privacy snowden s actions as a whistleblower at the national security agency drew attention to the extent of us government surveillance operations 92 surveillance by network administrators may include being able to view how many times a journalist or source visits a website per day the information they are reading or viewing and online applications they utilize mexico edit in mexico it is reported that the government there has spent 300 million during one year to surveil and gather information from the population with specific interest in journalists to get access to their texts phone calls and emails 93 canada edit under canadian law journalists cannot be compelled to identify or disclose information likely to identify a journalistic source unless a court of competent jurisdiction finds there is no other reasonable way to obtain the information in question and that the public interest of administrating justice in the case outweighs the public interest of source protection 94 in 2019 the supreme court of canada overturned an order that would have required a journalist to disclose the source of her reporting on the sponsorship scandal former cabinet minister marc yvan côté had sought the order in a bid to have charges against him stayed arguing that officials from an anti corruption police unit had leaked information about the case to the press the case was remitted back to the court of quebec for further consideration of new facts 95 technology edit newsrooms rely on end to end encryption technologies to protect the confidentiality of their communications 93 however even these methods are not completely effective 1 more schools of journalism are also beginning to include data and source protection and privacy into their curriculum 92 technologies used to protect source privacy include securedrop 96 globaleaks 97 off the record messaging the tails operating system and tor 92 latin america and the caribbean edit banisar wrote there are important declarations from the organisation of american states oas few journalists are ever required to testify on the identity of their sources however direct demands for sources still occur regularly in many countries requiring journalists to seek legal recourse in courts there are also problems with searches of newsrooms and journalists homes surveillance and the use of national security laws in 1997 the hemisphere conference on free speech staged in mexico city adopted the chapultepec declaration principle 3 states no journalist may be forced to reveal his or her sources of information 98 building on the chapultepec declaration in 2000 the inter american commission on human rights iachr approved the declaration of principles on freedom of expression as a guidance document for interpreting article 13 of the inter american convention of human rights article 8 of the declaration states every social communicator has the right to keep his her source of information notes personal and professional archives confidential 99 there are developments with regards to the status of the above regional instruments since 2007 guatemala 2013 the then president otto pérez molina expressed interest in signing the declaration of chapultepec he later suspended the signing venezuela 2013 announced its withdrawal from the inter american commission on human rights iachr and the inter american court of human rights see also edit confidentiality senior administration official shield laws in the united states references edit this article incorporates text from a free content work licensed under cc by sa 3 0 igo license statement permission text taken from protecting journalism sources in the digital age 193 julie posetti unesco 1 2 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