Meta tags:
Headings (most frequently used words):
and, the, of, in, europe, protection, issues, security, role, legal, united, america, organisation, for, co, operation, european, court, source, contents, relevance, context, definition, international, regulations, status, around, world, technology, see, also, references, external, links, digital, environment, key, trumping, effect, national, anti, terrorism, legislation, mass, targeted, surveillance, undercutting, protections, third, party, intermediaries, data, retention, changes, entitlement, to, safety, women, journalists, nations, actors, inter, regional, institutions, africa, asia, pacific, north, south, latin, caribbean, resolutions, reports, recommendations, statements, comments, osce, economic, development, oecd, framework, human, rights, union, justice, council, coe, bulgaria, poland, romania, netherlands, states, mexico, canada, branzburg, hayes, tracy, missoula, electronics, communications, privacy, act, edward, snowden,
Text of the page (most frequently used words):
the (519), and (302), journalists (105), sources (97), for (93), may (80), retrieved (71), that (71), #protection (70), rights (66), 2018 (61), information (61), human (56), source (53), freedom (47), journalism (45), edit (44), their (42), media (40), expression (40), are (39), privacy (38), from (38), with (37), org (35), right (35), surveillance (34), security (33), legal (31), digital (31), court (31), 2014 (31), law (30), data (30), states (29), europe (28), journalistic (27), united (27), report (27), laws (26), internet (26), communications (26), this (25), national (25), council (24), 2013 (24), european (23), not (23), journalist (23), has (23), unesco (22), access (22), case (21), confidential (21), safety (20), international (20), public (20), pdf (19), age (18), declaration (18), terrorism (18), 2015 (17), nations (17), interest (17), also (17), there (17), about (16), investigative (16), protect (16), other (16), general (16), they (16), under (15), press (15), article (15), coe (15), have (15), such (15), was (14), ohchr (14), many (14), which (14), can (14), use (13), protections (13), adopted (13), anti (13), who (13), free (12), all (12), committee (12), 2007 (12), resolution (12), 2012 (12), between (12), been (12), netherlands (11), special (11), retention (11), should (11), articles (10), american (10), development (10), privilege (10), mass (10), disclose (10), africa (10), practice (10), issues (10), including (10), metadata (10), third (10), confidentiality (10), used (10), organization (9), ecthr (9), act (9), protecting (9), principles (9), november (9), reveal (9), actors (9), recommendation (9), 2011 (9), commissioner (9), osce (9), world (9), high (9), res (9), new (9), what (9), countries (9), these (9), had (9), being (9), cases (9), where (9), wikipedia (8), content (8), april (8), archived (8), justice (8), services (8), reporter (8), online (8), assembly (8), ministers (8), union (8), african (8), promotion (8), opinion (8), intermediaries (8), definition (8), acts (8), professional (8), legislation (8), even (8), enforcement (8), electronic (8), environment (8), significant (8), women (8), according (8), toggle (7), search (7), july (7), 2026 (7), dead (7), links (7), society (7), oas (7), snowden (7), communication (7), guidelines (7), 2000 (7), times (7), 2008 (7), convention (7), over (7), anonymity (7), office (7), rapporteur (7), freedoms (7), hrc (7), role (7), organisation (7), operation (7), governments (7), banisar (7), shield (7), inter (7), her (7), include (7), order (7), would (7), police (7), identify (7), question (7), government (7), disclosure (7), provisions (7), recognized (7), without (7), recognition (7), well (7), while (7), you (6), statements (6), 2019 (6), december (6), global (6), threats (6), dutch (6), reporters (6), against (6), member (6), kingdom (6), its (6), oecd (6), framework (6), related (6), link (6), study (6), secret (6), technologies (6), leaked (6), commission (6), regional (6), social (6), identity (6), america (6), further (6), one (6), organizations (6), but (6), when (6), result (6), individuals (6), ensure (6), were (6), mandatory (6), allow (6), context (6), private (6), risks (6), working (6), physical (6), party (6), page (5), external (5), news (5), 2009 (5), columbia (5), means (5), offline (5), int (5), original (5), discussion (5), june (5), february (5), recommendations (5), encryption (5), story (5), technology (5), economic (5), parties (5), based (5), telecommunications (5), julie (5), posetti (5), review (5), every (5), records (5), then (5), status (5), his (5), searches (5), newsrooms (5), more (5), into (5), rely (5), reporting (5), edward (5), criminal (5), agencies (5), those (5), political (5), tools (5), following (5), through (5), effect (5), authorities (5), need (5), judgement (5), them (5), than (5), defined (5), fundamental (5), crime (5), some (5), citizens (5), citizen (5), broad (5), targeted (5), subsection (5), contents (4), mobile (4), view (4), statement (4), using (4), non (4), verification (4), september (4), short (4), https (4), domestic (4), guardian (4), survey (4), 2017 (4), edu (4), tow (4), canada (4), 2006 (4), issue (4), telegraaf (4), others (4), doctrine (4), document (4), asean (4), knowledge (4), trends (4), frank (4), rue (4), undocs (4), official (4), resolutions (4), qualitative (4), interview (4), conducted (4), most (4), definitions (4), podkowik (4), state (4), cultural (4), david (4), impunity (4), term (4), developments (4), work (4), since (4), personal (4), mexico (4), required (4), problems (4), former (4), way (4), included (4), stored (4), tracy (4), she (4), group (4), ruled (4), branzburg (4), main (4), investigation (4), necessary (4), application (4), service (4), interception (4), both (4), process (4), scope (4), concern (4), around (4), often (4), protected (4), risk (4), debates (4), changes (4), entitlement (4), talk (4), require (4), intelligence (4), monitoring (4), range (4), hide (4), move (4), sidebar (4), contact (3), text (3), terms (3), time (3), copy (3), title (3), debate (3), limited (3), sanoma (3), uitgevers (3), model (3), august (3), peace (3), january (3), tor (3), how (3), doi (3), 2020 (3), post (3), lse (3), documents (3), 2010 (3), speech (3), issn (3), needed (3), studies (3), violence (3), paper (3), published (3), eur (3), lex (3), financial (3), ltd (3), guja (3), meeting (3), goodwin (3), 1996 (3), march (3), instruments (3), representative (3), 163 (3), cite (3), eff (3), part (3), publication (3), transactions (3), provide (3), producers (3), unga (3), reports (3), director (3), bloggers (3), long (3), affairs (3), university (3), telecommunication (3), leak (3), see (3), chapultepec (3), conference (3), principle (3), however (3), still (3), latin (3), caribbean (3), corruption (3), specific (3), calls (3), network (3), able (3), passed (3), telephone (3), must (3), known (3), policies (3), student (3), called (3), specifically (3), hayes (3), north (3), two (3), alleged (3), file (3), prosecution (3), after (3), bulgaria (3), poland (3), romania (3), identified (3), censorship (3), parliamentary (3), practices (3), large (3), arbitrary (3), particular (3), produce (3), providers (3), limit (3), ireland (3), directive (3), secrets (3), found (3), regarding (3), interference (3), noted (3), increasing (3), stated (3), conditions (3), ability (3), major (3), recent (3), broadly (3), publish (3), individual (3), legitimate (3), asia (3), burundi (3), people (3), person (3), receive (3), strong (3), argued (3), comments (3), institutions (3), essential (3), create (3), highlights (3), regulations (3), face (3), conflict (3), contexts (3), measures (3), particularly (3), outlined (3), era (3), subject (3), countering (3), suspicion (3), increasingly (3), undertaken (3), monitor (3), any (3), threat (3), trumping (3), history (3), key (3), languages (2), table (2), conduct (2), policy (2), additional (2), apply (2), foundation (2), creative (2), commons (2), attribution (2), license (2), categories (2), unsourced (2), vague (2), ambiguous (2), needing (2), factual (2), pages (2), cs1 (2), maint (2), description (2), wikidata (2), index (2), silkie (2), carlo (2), arjen (2), kamphuis (2), version (2), 2016 (2), providing (2), overview (2), defence (2), initiative (2), open (2), brief (2), silencing (2), democracy (2), globaleaks (2), charles (2), securedrop (2), cpj (2), academiccommons (2), 7916 (2), center (2), knight (2), supreme (2), federal (2), files (2), kleberg (2), death (2), www (2), association (2), yearbook (2), students (2), journal (2), background (2), refusing (2), europa (2), 1950 (2), stichting (2), ostade (2), blade (2), limits (2), concept (2), nederland (2), landelijke (2), 5rb (2), homme (2), cour (2), européenne (2), des (2), droits (2), cedh (2), affaire (2), moldova (2), 14277 (2), tillack (2), 20477 (2), echr (2), southeast (2), asian (2), burundian (2), attorney (2), achpr (2), cleangovbiz (2), integrity (2), vilnius (2), unesdoc (2), keystones (2), refworld (2), summary (2), panel (2), carthage (2), comment (2), 185 (2), ethical (2), dimensions (2), president (2), iso (2), entities (2), exclude (2), jan (2), balance (2), conflicting (2), values (2), andrejevic (2), giroux (2), 108 (2), campbell (2), cover (2), tobin (2), sabbagh (2), rasha (2), kuttab (2), danger (2), know (2), stearns (2), josh (2), call (2), leakers (2), will (2), defining (2), sought (2), 193 (2), take (2), effects (2), first (2), amendment (2), consortium (2), offshore (2), war (2), leaks (2), taken (2), references (2), iachr (2), expressed (2), signing (2), later (2), above (2), forced (2), communicator (2), keep (2), notes (2), archives (2), wrote (2), declarations (2), testify (2), direct (2), demands (2), regularly (2), seek (2), courts (2), homes (2), record (2), messaging (2), methods (2), end (2), minister (2), bid (2), cannot (2), compelled (2), outweighs (2), during (2), gather (2), population (2), get (2), phone (2), emails (2), relationship (2), actions (2), extent (2), day (2), agency (2), whistleblower (2), subpoena (2), address (2), device (2), devices (2), electronics (2), linda (2), issued (2), encounter (2), officers (2), involved (2), footage (2), made (2), because (2), project (2), helped (2), help (2), level (2), missoula (2), grand (2), similar (2), groups (2), investigations (2), lawyer (2), south (2), daily (2), existence (2), dossier (2), kok (2), subsequent (2), accused (2), upon (2), ordered (2), grounds (2), released (2), considered (2), served (2), appeal (2), unauthorized (2), several (2), pre (2), lot (2), matters (2), implications (2), deeply (2), concerned (2), whom (2), amount (2), top (2), intimidation (2), exercise (2), impart (2), ideas (2), leads (2), self (2), chilling (2), operate (2), training (2), concerning (2), computer (2), does (2), highlighted (2), exceptions (2), narrow (2), judgment (2), brought (2), newspaper (2), stories (2), violated (2), concluded (2), attempts (2), posed (2), mitigate (2), levels (2), seem (2), expose (2), increase (2), especially (2), deterred (2), watchdog (2), violate (2), guarantee (2), adoption (2), oblige (2), assistance (2), criminalize (2), reference (2), restrictions (2), provided (2), pacific (2), eajc (2), harm (2), same (2), material (2), practitioners (2), purposes (2), opinions (2), forcing (2), sighted (2), anonymous (2), connection (2), activities (2), frameworks (2), kaye (2), dissenting (2), expanded (2), jeopardize (2), challenges (2), forms (2), modes (2), equally (2), regardless (2), component (2), widespread (2), communicate (2), harassment (2), understood (2), avoid (2), secure (2), increased (2), zones (2), covertly (2), therefore (2), encrypted (2), attacks (2), due (2), male (2), female (2), leave (2), directly (2), sharing (2), hand (2), broadening (2), adequate (2), opens (2), licensing (2), registering (2), collected (2), defines (2), describes (2), put (2), your (2), potentially (2), preserve (2), inspection (2), retain (2), impacts (2), capture (2), lengthy (2), periods (2), academic (2), gathering (2), identification (2), demand (2), users (2), crimes (2), number (2), authorized (2), control (2), software (2), emmerson (2), activity (2), email (2), effectively (2), unlimited (2), possible (2), substantial (2), problem (2), power (2), undercutting (2), editorial (2), said (2), potential (2), controversy (2), someone (2), accountability (2), classification (2), forward (2), rather (2), advocacy (2), favor (2), response (2), workers (2), legacy (2), effort (2), themselves (2), exposure (2), analogue (2), sometimes (2), technological (2), internationally (2), committing (2), traditional (2), whether (2), expect (2), relevance (2), appearance (2), upload (2), read (2), log (2), account (2), donate (2), menu (2), add, topic, cookie, statistics, developers, code, contacts, disclaimers, available, site, agree, registered, trademark, profit, wikimedia, inc, sharealike, rendered, parsoid, last, edited, utc, hidden, 2024, matches, secrecy, php, source_protection, oldid, 1365469209, infosec, amicus, curiae, commercial, factsheet, steele, shari, blog, heart, berret, helps, d84178b2, ruling, bolsters, authority, branch, legislative, lois, consolidated, gendo, books, infosec_for_journalists_v1, centre, london, polis, http, carl, fridh, mcgregor, susan, d89p3d4m, dee, juliet, lushbough, vol, washington, privileged, koningisor, christina, 0044, 0094, 127, yale, facto, rapporteurship, interpretation, herald, tribune, releases, jailed, glowacka, dorota, siemaszko, konrad, smtek, joanna, warso, zuzanna, contemporary, 111, 189379837, s2cid, 1601, 829x, 1386, 97_1, northern, lights, film, eeas, pace, 2045, commissioned, thomas, hammarberg, informm, strasbourg, hugh, tomlinson, 62012cj0293, merlin, obs, com, ors, février, belgique, novembre, vienna, follow, concluding, five, protocols, 2022, worldlii, 17488, experts, raise, concerns, landmark, globalfreedomofexpression, hrlibrary, umn, secretary, foster, inclusive, societies, ethics, afdb, accessdate, volume, session21, decisions, noorlander, emma, goodman, web, success, breaking, iec, 11179, 2004, registries, mdr, fostering, mackinnon, authors, bring, together, facilitate, give, host, transmit, products, originated, explicitly, marquis, boire, morgan, marczak, bill, guarnieri, claudio, scott, railton, john, eyes, only, commercialization, spying, 397, mark, big, divide, totalitarian, paranoia, orwellian, 140, australian, edition, cmpf, eui, caught, widening, net, jail, 1706688, ssrn, farrah, wael, abdulla, carnegie, endowment, egypt, midst, revolution, alexandra, waldhorn, seapa, basics, excellence, russell, shielding, tweeters, congress, succeed, passing, oregon, 227, mediashift, division, directorate, speaking, terror, counter, oslo, kitrosser, heidi, 1221, 0043, 5589, william, mary, prosecutions, closer, look, feasibility, abramowicz, calculating, 1949, jstor, stable, 40041814, holdings, china, elite, liptak, adam, york, tech, permission, licensed, igo, incorporates, senior, administration, announced, withdrawal, venezuela, suspended, otto, pérez, molina, guatemala, regards, 1997, hemisphere, staged, building, approved, guidance, interpreting, city, important, few, ever, occur, requiring, recourse, tails, operating, system, off, schools, beginning, curriculum, completely, effective, overturned, cabinet, charges, him, stayed, arguing, officials, unit, remitted, back, consideration, facts, quebec, marc, yvan, côté, sponsorship, scandal, canadian, likely, unless, competent, jurisdiction, finds, reasonable, obtain, administrating, reported, spent, 300, million, year, surveil, texts, cia, employee, impacted, drew, attention, operations, administrators, visits, website, per, reading, viewing, applications, utilize, 1986, protects, bank, digits, encompasses, name, durations, type, payment, prohibit, video, took, violent, residents, ultimately, dismissed, attaining, unedited, documentary, undergraduate, class, although, won, real, victory, did, extended, nature, intent, could, coerced, releasing, battles, educational, citation, montana, 1971, guaranteed, publicity, surrounding, introduce, kentucky, jury, unlike, afforded, avenue, pending, fbi, client, doctor, patient, americas, minimal, supersede, bart, mos, joost, haas, quoted, claimed, mink, notorious, fallen, hands, himself, led, paul, agent, selling, motions, judge, safeguard, subsequently, detained, comply, three, days, district, minor, prevail, hague, fair, trial, regions, registration, paid, sim, cards, make, hacking, easier, cctv, fearing, retribution, enabling, fear, restraint, addressed, disclosed, insider, entrusted, establishing, scale, intrusion, hitherto, unknown, decision, makers, favourable, requires, refrain, judicial, restricting, disproportionate, relating, defamation, creates, recommending, legislate, organisations, prosecutors, materials, judges, develop, traffic, noting, fight, circumvent, going, beyond, permitted, crisis, recommended, adopt, 8406, rejected, magazine, raid, demonstrates, circumstances, legitimately, ridden, observed, declaring, invalid, whole, very, precise, conclusions, drawn, lives, persons, whose, retained, 293, 39315, complaint, publishing, circulation, form, aivd, chamber, declared, illegal, seizure, photographs, 821, rejecting, turn, connected, takeover, involving, brewing, company, reuters, independent, favour, jacob, belgium, targeting, ecthrs, acted, disproportionately, breached, enshrined, making, bodies, changing, fairly, established, respected, exception, common, types, bypassed, sanctions, receiving, wake, implement, respect, rotection, basic, assisting, informing, vital, undermined, accurate, reliable, adversely, affected, absent, overriding, requirement, region, reservations, voiced, wording, relation, systems, balancing, duties, absence, conform, strict, tests, necessity, proportionality, republic, democratic, repealed, east, circulated, officer, refuse, request, consists, noteworthy, full, hearing, leading, obtained, elsewhere, serious, defense, offense, shall, held, except, accordance, gives, express, disseminate, 2002, charter, exists, relatively, sub, continental, yet, resulted, critical, includes, peoples, draft, approach, once, light, incentive, discover, might, indeed, valuable, either, witness, cooperation, set, point, relevant, encourage, legislators, safe, creating, fosters, guarantees, decriminalizing, rfom, breaches, emphasizes, roles, played, defenses, zone, outside, scrutiny, enhanced, extremism, curtail, views, underwriting, seen, heard, silence, hosted, expert, seminar, geneva, mandate, spotlighted, implicated, navi, pillay, underpins, participants, significance, maintenance, recognizes, dissemination, covenant, civil, 167, 37th, session, enjoyment, recognize, uphold, agreements, crucial, aspect, apps, greater, gendered, mitigated, involvement, dangerous, intercept, analyze, increases, defensive, great, importance, movements, tracked, remains, organized, vulnerable, mobility, restricted, overt, prohibitions, privately, experience, additionally, victims, physically, unable, reliant, abuse, sexual, assault, communicators, capacity, own, audiences, applied, desirable, catching, gradually, redefinition, wish, advocates, insist, neglect, meaning, behind, trail, easily, safeguards, illegitimate, frequently, existent, encrypt, standard, processes, send, length, conversations, kind, like, line, geolocation, peter, eckersley, frontier, standardization, introducing, analysis, raised, concludes, pattern, reliance, just, recurring, feature, regimes, companies, store, customers, location, appears, neither, nor, proportionate, sector, compounding, dependent, globally, storage, platforms, example, disclosing, undercut, backdoor, engines, isps, polish, consent, granted, proposed, least, onerous, home, workplace, seems, redefine, acquired, preparation, processing, enable, informant, authorizing, invasive, techniques, remote, keystroke, trojan, horse, relaxing, limitations, approving, conducting, allowing, warrantless, extending, authorised, expand, ways, detailed, described, worrying, trend, track, incidents, powers, illegally, attempt, monk, school, research, discovered, command, servers, finspy, backdoors, total, nine, exclusively, sold, finfisher, toronto, lab, enables, penetrate, databases, cloud, facilities, gain, maintain, associated, websites, prior, literally, user, ben, entire, fraction, achieve, almost, complete, placing, taps, cables, majority, flows, applying, word, voice, fiber, optic, fuchs, eubanks, warned, broader, impingement, represents, alteration, dynamics, referring, embedded, structural, asymmetrical, relations, underwrite, domination, exploitation, gillian, phillips, referenced, invoking, interfere, modern, challenge, area, headquarters, assessment, listed, alongside, terrorists, hierarchy, hackers, gchq, talisman, justify, stifling, voices, calling, 2001, terrorist, old, cold, capitalist, communist, grown, intervening, years, parallel, occurs, unchecked, designed, transparency, considers, precedence, normative, reluctance, come, moving, limiting, conceptual, shift, rise, usa, unanimous, motion, strongly, rejects, define, commits, arabic, want, extend, egyptian, professor, abdullah, needs, accessible, anyone, arab, arij, rana, difference, writing, activist, dauoud, intergovernmental, ipdc, welcomed, uses, designate, generate, program, acknowledged, continuously, evolving, inputs, kinds, evaluated, overly, tend, emphasis, contractual, ties, income, derived, leaves, relied, largely, unprotected, proper, growing, writers, lawyers, bearing, objected, having, amnesty, classifying, potent, controls, scholars, best, functions, stakeholders, exist, prominent, western, intensifying, expanding, requirements, exposes, undercuts, intercepting, trumped, broadens, classified, running, dry, revelation, identities, extra, repercussions, trigger, ups, destruction, compromised, cost, reversion, labor, intensive, advice, tactics, insufficient, weak, forbidden, disallowed, unaware, impact, combined, factors, production, now, adapting, seeking, change, operational, redefining, rapid, advancement, shifted, detecting, already, committed, prevention, simple, certain, networks, poses, protective, commitment, shielded, past, penetrated, centrality, business, investigate, retaliation, talking, less, willing, reprisals, revelations, tradition, function, play, facilitating, entails, multi, sourcing, corroboration, telling, icij, never, surfaced, involves, streets, briefing, relies, trust, respects, requested, watergate, communicating, hack, otherwise, spy, interactions, accessing, referred, accorded, prohibits, compelling, coming, encyclopedia, item, projects, printable, download, print, export, switch, parser, shortened, url, permanent, here, english, українська, svenska, српски, srpski, română, polski, norsk, bokmål, nederlands, 한국어, հայերեն
Text of the page (random words):
ive to discover the anonymous source s while the source might indeed be valuable for the case in question either by providing additional information or through being a witness in court forcing the journalist to reveal the source would often be short sighted 60 status around the world edit africa edit in africa the african commission on human and peoples rights has adopted a declaration of principles on freedom of expression in africa which includes a right to protection of sources under principle xv 61 in africa there exists a relatively strong recognition of the right of journalists to protect their sources at national sub regional as well as continental levels however and by and large this recognition has not yet resulted in a critical mass of legal provisions banisar 2007 53 19 legal framework edit article 9 of the african charter of human rights gives every person the right to receive information and express and disseminate opinions the 2002 declaration of principles on freedom of expression in africa released by the african commission on human and people s rights provided guidelines for member states of the african union on protection of sources xv protection of sources and other journalistic material media practitioners shall not be required to reveal confidential sources of information or to disclose other material held for journalistic purposes except in accordance with the following principles the identity of the source is necessary for the investigation or prosecution of a serious crime or the defense of a person accused of a criminal offense the information or similar information leading to the same result cannot be obtained elsewhere the public interest in disclosure outweighs the harm to freedom of expression and disclosure has been ordered by a court after a full hearing 62 noteworthy developments since 2007 april 2013 model law on access to information in africa by the special rapporteur on freedom of expression and access to information at the african commission on human and people s rights was circulated an information officer may refuse a request if the information c consists of confidential communication between a journalist and her or his source 63 may 2015 east african court of justice eajc judgement on burundi press law burundian journalists union v the attorney general of the republic of burundi reference no 7 of 2013 in this judgement the eajc ruled articles 19 20 of burundi s 2013 press law violated democratic principles and should be repealed 64 asia and the pacific edit the association of southeast asian nations asean adopted a human rights declaration in november 2012 with general provisions for freedom of expression and privacy asean 2012 65 reservations have been voiced regarding the wording of provisions on human rights and fundamental freedoms in relation to political economic and cultural systems and the declaration s provisions on balancing rights with individual duties as well as an absence of reference that legitimate restrictions of rights must be provided by law and conform to strict tests of necessity and proportionality 66 67 68 in 2007 banisar noted that a major recent concern in the region is the adoption of new anti terrorism laws that allow for access to records and oblige assistance there are also problems in many countries with searches of newsrooms and with broadly defined state secrets acts which criminalize journalists who publish leaked information 19 europe edit in europe the european court of human rights stated in the 1996 case of goodwin v united kingdom that p rotection of journalistic sources is one of the basic conditions for press freedom without such protection sources may be deterred from assisting the press in informing the public on matters of public interest as a result the vital public watchdog role of the press may be undermined and the ability of the press to provide accurate and reliable information may be adversely affected 69 the court concluded that absent an overriding requirement in the public interest an order to disclose sources would violate the guarantee of free expression in article 10 70 of the european convention on human rights in the wake of goodwin the council of europe s committee of ministers issued a recommendation to its member states on how to implement the protection of sources in their domestic legislation 71 the organization for security and co operation in europe has also called on states to respect the right 72 the recognition of protection of journalistic sources is fairly well established in europe both at the regional and domestic levels for the most part the protections seem to be respected by authorities and direct demands to expose sources seem more the exception than the common practice banisar noted there are still significant problems many of the national laws are limited in scope or in the types of journalists that they protect the protections are being bypassed in many countries by the use of searches of newsrooms and through increasing use of surveillance there has also been an increase in the use of criminal sanctions against journalists especially under national security grounds for receiving information from sources since then european organizations and law making bodies have made significant attempts at a regional level to identify the risks posed to source protection in the changing digital environment and to mitigate these risks european court of human rights and european union court of justice edit november 2007 european court of human rights ecthr tillack v belgium 20477 05 involved a leak investigation targeting an investigative journalist the ecthrs judgment concluded that the authorities acted disproportionately and breached the journalist s right to freedom of expression enshrined in article 10 of the european convention on human rights 73 february 2008 european court of human rights ecthr guja v moldova 14277 04 this judgement found in favour of jacob guja who had served as a whistleblower to a newspaper regarding cases of alleged political interference with the justice process 74 december 2009 european court of human rights ecthr financial times ltd and others v the united kingdom 821 03 the court ruled that the financial times the guardian the times the independent and reuters were right to protect their sources by rejecting a united kingdom high court order for them to turn over leaked documents connected to a takeover bid involving a brewing company 75 september 2010 european court of human rights ecthr grand chamber appeal sanoma uitgevers b v v the netherlands the ecthr declared illegal the seizure by the dutch police of a journalist s cd of photographs which identified confidential sources 76 november 2012 european court of human rights ecthr telegraaf media nederland landelijke media b v and others v the netherlands application no 39315 06 the complaint in this case was brought by a dutch newspaper and two of its journalists the journalists had been under investigation after publishing stories in de telegraaf about the circulation of state secrets in the form of documents from the netherlands secret service aivd the court found that the journalists rights under both articles 8 and 10 of the european convention on human rights had been violated 77 april 2014 european union court of justice judgement ireland data retention directive the court observed in its judgment declaring the data retention directive invalid that communications metadata taken as a whole may allow very precise conclusions to be drawn concerning the private lives of the persons whose data has been retained digital rights ireland ltd c 293 12 v minister for communications et al ireland 8 april 2014 directive 2006 24 ec 78 may 2014 stichting ostade blade v the netherlands in the ecthr application no 8406 06 the court rejected a dutch magazine s application against a police raid under article 10 of the european convention on human rights this judgement demonstrates the narrow circumstances in which source protection laws can be legitimately over ridden in the public interest 79 council of europe coe edit september 2007 guidelines of the committee of ministers of the council of europe on protecting freedom of expression and information in times of crisis adopted these guidelines coe 2007 recommended that member states adopt recommendation no r 2000 7 coe 2000 into law and practice in march 2000 the council of europe s committee of ministers had adopted that recommendation 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 cou...
|
