Protection of journalistic sources in Maltese law : an appraisal from the viewpoint of the European Convention of Human Rights

Abstract

This paper examines Maltese Law on the protection of the confidentiality of journalists’ sources as a key ingredient of freedom of expression as protected by Article 10 of the European Convention on Human Rights. It observes that in Malta journalists do not enjoy an absolute privilege as to protection of sources’ identity. On the contrary, Maltese Law provides in certain cases a qualified privilege for protection of journalistic sources whereas in other cases no protection at all is afforded. The European Court of Human Rights’ case law is discussed to ascertain how this privilege is interpreted by the Court. The analysis suggests that in its case law the Court gives paramount importance to non-disclosure of journalistic sources except in the case of an overriding requirement in the public interest. The paper ends by recommending how Maltese Law can be improved in the light of Article 10 of the Convention.