Limits of Journalists' Sources Secrecy Protection

Extract

[...] This reconciliation is delicate and current events can attest to it. Thus, the 'Sirli' scandal, in which a former military man was put on trial for the disclosure of national defense secrets, is a case in point.doc. N°11) or the 'Benalla' affair by which the French State was condemned for attempted search within Médiapartdoc. N°14). List of source documents* : * The entire document is available upon request from the customer service. [...]

[...] These articles, among others, Article 100-5 of the Code of Criminal Procedure, which prohibits, with a penalty of nullity, the filing in the investigation file of correspondence that would be obtained in violation of the secrecy of sources, is considered constitutionaldocs. N°2 and 3). At the European level The journalistic source protection is also protected both at the level of European law and at the level of European Union law. On the one hand, the European Court of Human Rights emphasizes this protection by its ruling Goodwin v. [...]

[...] Luxembourg February 2003)doc. N°10). On the other hand, a 'law on media freedom' was adopted on 13 March last, aiming to protect journalists, combat political interference in editorial decisions and strengthen transparency on media ownership within the 27 member states, through the creation of an independent European Committee, inter alia.doc. N°4). II- The limits of the protection of journalists' sources secrecy The limits of the protection of journalists' sources secrecy manifest themselves as much by an attack conditioned by the principle as by the delicate conciliation with other rights An attack on the principle of protection of sources secrecy conditioned Article 2 of the 1881 law sets the conditions for legitimizing an attack on the secrecy of sources. [...]

[...] In addition, it aims at both direct and indirect attacks on the secretdoc. N°7). If the protection of journalists' sources' secret is well established it remains that the protection is not absolute (II). The consecration of the protection of journalists' sources' secret The protection of journalists' sources' secret is established at both the national and European levels. At the national level The protection of journalistic sources' secret is legally consecrated in France through the law of January This law, qualified as a 'welcome'doc. [...]

[...] N° and for in a second time, left open the possibility in a ruling of 14 May 2013, to admit that a procedure for violation of the secrecy of the investigation could be susceptible of falling within this imperativedoc. N°5). A delicate reconciliation of rights A reconciliation proves necessary between competing rights, notably the freedom of expression protected by the European Court of Human Rights through Article 10doc. N°15). Thus, the Constitutional Council in its decision confirming the constitutionality of the law of 14 November 2013, subject to the repeal of its article states that 'the legislator has not ensured a balanced reconciliation between, on the one hand, the freedom of expression and, on the other hand, the right to respect for private life and the secrecy of correspondence'docs. [...]