OSCE Media Freedom Representative welcomes landmark judgment in UK on protecting confidentiality of journalistic sources
VIENNA, 8 February 2019 – The OSCE Representative on Freedom of the Media, Harlem Désir, today welcomed a court decision in Northern Ireland recognizing journalists’ rights to protect the confidentiality of their sources.
On 6 February, the Northern Ireland Crown Court rejected an application brought against Sunday World investigative journalist Paula Mackin to reveal her sources and hand over journalistic material, as part of an ongoing criminal trial related to a series of investigative reports published by the journalist.
The application against Mackin was brought by Alex McCrory, one of the co-accused in an ongoing criminal trial involving Colin Duffy and Harry Fitzsimmons, the reason being a series of criminal investigative reports published by the Sunday World. The journalist informed the court that to reveal her sources would endanger both her life and that of her sources.
“I am pleased by the court’s decision recognizing the right of journalists to protect confidential journalistic sources and material,” stated Désir. “This right is crucial for investigative journalism and the ability of the media to report on issues of public interest.”
The court drew on a case previously raised at the European Court of Human Rights (Goodwin v United Kingdom), which concluded that a disclosure order requiring a British journalist to reveal the identity of a source, and imposing a fine for refusing to do so, constituted a violation of freedom of expression and information as protected under Article 10 of the European Convention on Human Rights.
“This judgment is important for freedom of the media. Investigative journalism plays an essential role as a watchdog in societies and must be protected as a basic condition for media freedom,” concluded the Representative.
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.