The protection of journalistic sources under Article 10 of the European Convention

Abstract

The European Court of Human Rights has repeatedly affirmed the importance of journalistic sources. The protection of journalistic sources is a prerequisite for freedom of expression, which is fundamental to a democratic society. Journalistic sources are persons who are in possession of important information which is of interest to the public and who pass it on to journalists so that they can report on it. Under Article 10 of the European Convention on Human Rights, journalists have a right to protect the identity of their journalistic sources. Without such protection, journalistic sources could be discouraged from assisting journalists in informing the public. This study examines whether or not the protection of journalistic sources in terms of Article 10 of the European Convention is absolute, and explores the main principles established by the case law of the European Court of Human Rights to protect journalistic sources. It also examines the provisions for the protection of journalistic sources within the Maltese Law. Through a doctrinal legal research and case law analysis of seventeen judgments of the European Court of Human Rights, this research established that the protection of journalistic sources in terms of Article 10 of the European Convention is not absolute, however, the European Court affords a high level of protection over journalistic sources and it interprets this right restrictively. Through the jurisprudence of the European Court a number of principles has been identified which have been explored in this dissertation. Furthermore, it was found that the protection of journalistic sources in Malta is a relatively new concept that has yet to be developed.