Companion website for
COMPARATIVE MEDIA LAW & ETHICS
by TIM CROOK
Published by Routledge on 15th December 2009
For details of the book, please visit Routledge.
Author's profile at Goldsmiths, University of London
Chapter 9 - The Legal Problematizing of Journalism
The UK Sally Murrer Protection of Sources case 2007-2008 referred to on page 365 and 366.
Significant UK ECHR ruling on journalists’ protection of sources in December 2009. The British courts breached the Article 10 freedom of expression rights of the Financial Times and other media organisations by ordering them to deliver up a leaked document to Interbrew, a Belgian brewing company. The case supports and consolidates ECHR’s approach to the importance of journalists’ confidential sources in the Goodwin case of 1996.
Financial Times Ltd and others v The United Kingdom 4th Chamber 15th December 2009
Key concluding paragraph of the court:
‘While, unlike the applicant in the Goodwin case, the applicants in the present case were not required to disclose documents which would directly result in the identification of the source but only to disclose documents which might, upon examination, lead to such identification, the Court does not consider this distinction to be crucial. In this regard, the Court emphasises that a chilling effect will arise wherever journalists are seen to assist in the identification of anonymous sources. In the present case, it was sufficient that information or assistance was required under the disclosure order for the purpose of identifying X (see Roemen and Schmit v. Luxembourg, no. 51772/99, § 47, ECHR 2003 IV).
The Court, accordingly, finds that, as in the Goodwin case, Interbrew's interests in eliminating, by proceedings against X, the threat of damage through future dissemination of confidential information and in obtaining damages for past breaches of confidence were, even if considered cumulatively, insufficient to outweigh the public interest in the protection of journalists' sources.’
Excellent analysis by Anna Caddick from UK Supreme Court blog 16th December 2010.
