Investigative journalism, access to information, protection of sources and whistleblowers

摘要

This chapter focusses on the case law by the ECtHR on (1) the protection of acts of newsgathering and investigative journalism, (2) the right of access to official documents, (3) the protection of journalistic sources, and (4) the protection of whistle-blowers based on the right to freedom of expression. Although the wording of Article 10 ECHR does notcontain any reference to any of these specific aspects, the ECtHR succeeded in incorporating them in the protectionsystem of the right to freedom of expression as guaranteed by Article 10 ECHR, only accepting interferences with these rights when they meet the strict test of Article 10 § 2 ECHR. This approach by the ECtHR has undoubtedly created higher European standards, obliging the member states to increase substantially and effectively the level of protection of the right to freedom of expression and information which must be applied and secured in each of these four domains.