OSCE Representative welcomes new law on protection of journalists’ rights to confidential sources in Netherlands

VIENNA, 1 October 2018 - The OSCE Representative on Freedom of the Media, Harlem Désir, today welcomed the entry into force of a new law in the Netherlands which provides enhanced protection for the confidentiality of journalists’ sources.

The law enshrines the right of journalists and other publicists to protect their sources, even if these sources do not explicitly demand confidentiality.

"I welcome this important step to protect journalists in the Netherlands. The fact that it covers a broad definition of 'journalists', which includes publicists, is significant in safeguarding investigative reporting," said Désir. “It is also very positive that the law is accompanied by a clear set of instructions to prosecutors and law enforcement bodies. These will hopefully help to avoid any future cases of infringements of journalists’ rights to protect their sources in the Netherlands.”

The law offers to journalists the same rights to confidentiality as to other professions, such as lawyers.

In June this year, the Representative raised a case of an undue breach of confidentiality in the Netherlands, where the authorities openly acknowledged that law enforcement bodies should have acted differently.

For the statement on this case, see: https://www.osce.org/representative-on-freedom-of-media/383931

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. He provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, twitter @OSCE_RFoM and on www.facebook.com/osce.rfom.