COUNCIL OF EUROPE
COMMITTEE OF MINISTERS
Recommendation No. R (2000) 7
of the Committee of Ministers to member states
on the right of journalists not to disclose
their sources of information
(Adopted by the Committee of Ministers
on 8 March 2000
at the 701st
meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of
Europe,
Considering that the aim of the Council of Europe is to achieve greater unity between its
members for the purpose of safeguarding and realising the ideals and principles which are
their common heritage;
Recalling the commitment of the member states to the fundamental right to freedom of
expression as guaranteed by Article 10 of the Convention for the Protection of Human Rights
and Fundamental Freedoms;
Reaffirming that the right to freedom of expression and information constitutes one of the
essential foundations of a democratic society and one of the basic conditions for its progress
and the development of every individual, as expressed in the Declaration on the Freedom of
Expression and Information of 1982;
Reaffirming the need for democratic societies to secure adequate means of promoting the
development of free, independent and pluralist media;
Recognising that the free and unhindered exercise of journalism is enshrined in the right to
freedom of expression and is a fundamental prerequisite to the right of the public to be
informed on matters of public concern;
Convinced that the protection of journalists' sources of information constitutes a basic
condition for journalistic work and freedom as well as for the freedom of the media;
Recalling that many journalists have expressed in professional codes of conduct their
obligation not to disclose their sources of information in case they received the information
confidentially;
Recalling that the protection of journalists and their sources has been established in the legal
systems of some member states;
Recalling also that the exercise by journalists of their right not to disclose their sources of
information carries with it duties and responsibilities as expressed in Article 10 of the
Convention for the Protection of Human Rights and Fundamental Freedoms;
Aware of the Resolution of the European Parliament of 1994 on confidentiality for journalists'
sources and the right of civil servants to disclose information;
Aware of Resolution No. 2 on journalistic freedoms and human rights of the 4th European
Ministerial Conference on Mass Media Policy held in Prague in December 1994, and
recalling Recommendation No. R (96) 4 on the protection of journalists in situations of
conflict and tension,
Recommends to the governments of member states:
1. to implement in their domestic law and practice the principles appended to this
recommendation,
2. to disseminate widely this recommendation and its appended principles, where appropriate
accompanied by a translation, and
3. to bring them in particular to the attention of public authorities, police authorities and the
judiciary as well as to make them available to journalists, the media and their professional
organisations.
Appendix to Recommendation No. R (2000) 7
Principles concerning the right of journalists
not to disclose their sources of information
Definitions
For the purposes of this Recommendation:
a. the term "journalist" means any natural or legal person who is regularly or professionally
engaged in the collection and dissemination of information to the public via any means of
mass communication;
b. the term "information" means any statement of fact, opinion or idea in the form of text,
sound and/or picture;
c. the term "source" means any person who provides information to a journalist;
d. the term "information identifying a source" means, as far as this is likely to lead to the
identification of a source:
i. the name and personal data as well as voice and image of a source,
ii. the factual circumstances of acquiring information from a source by a
journalist,
iii. the unpublished content of the information provided by a source to a
journalist, and
iv. personal data of journalists and their employers related to their professional work.
Principle 1 (Right of non-disclosure of journalists)
Domestic law and practice in member states should provide for explicit and clear protection
of the right of journalists not to disclose information identifying a source in accordance with
Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms
(hereinafter: the Convention) and the principles established herein, which are to be considered
as minimum standards for the respect of this right.
Principle 2 (Right of non-disclosure of other persons)
Other persons who, by their professional relations with journalists, acquire knowledge of
information identifying a source through the collection, editorial processing or dissemination
of this information, should equally be protected under the principles established herein.
Principle 3 (Limits to the right of non-disclosure)
a. The right of journalists not to disclose information identifying a source must not be subject
to other restrictions than those mentioned in Article 10, paragraph 2 of the Convention. In
determining whether a legitimate interest in a disclosure falling within the scope of Article 10,
paragraph 2 of the Convention outweighs the public interest in not disclosing information
identifying a source, competent authorities of member states shall pay particular regard to the
importance of the right of non-disclosure and the pre-eminence given to it in the case-law of
the European Court of Human Rights, and may only order a disclosure if, subject to paragraph
b, there exists an overriding requirement in the public interest and if circumstances are of a
sufficiently vital and serious nature.
b. The disclosure of information identifying a source should not be deemed necessary unless
it can be convincingly established that:
i. reasonable alternative measures to the disclosure do not exist or have been
exhausted by the persons or public authorities that seek the disclosure, and
ii. the legitimate interest in the disclosure clearly outweighs the public interest in the
non-disclosure, bearing in mind that:
- an overriding requirement of the need for disclosure is proved,
- the circumstances are of a sufficiently vital and serious nature,
- the necessity of the disclosure is identified as responding to a pressing social need,
and
- member states enjoy a certain margin of appreciation in assessing this need, but this
margin goes hand in hand with the supervision by the European Court of Human
Rights.
c. The above requirements should be applied at all stages of any proceedings where the right
of non-disclosure might be invoked.
Principle 4 (Alternative evidence to journalists' sources)
In legal proceedings against a journalist on grounds of an alleged infringement of the honour
or reputation of a person, authorities should consider, for the purpose of establishing the truth
or otherwise of the allegation, all evidence which is available to them under national
procedural law and may not require for that purpose the disclosure of information identifying
a source by the journalist.
Principle 5 (Conditions concerning disclosures)
a. The motion or request for initiating any action by competent authorities aimed at the
disclosure of information identifying a source should only be introduced by persons or public
authorities that have a direct legitimate interest in the disclosure.
b. Journalists should be informed by the competent authorities of their right not to disclose
information identifying a source as well as of the limits of this right before a disclosure is
requested.
c. Sanctions against journalists for not disclosing information identifying a source should only
be imposed by judicial authorities during court proceedings which allow for a hearing of the
journalists concerned in accordance with Article 6 of the Convention.
d. Journalists should have the right to have the imposition of a sanction for not disclosing
their information identifying a source reviewed by another judicial authority.
e. Where journalists respond to a request or order to disclose information identifying a source,
the competent authorities should consider applying measures to limit the extent of a
disclosure, for example by excluding the public from the disclosure with due respect to
Article 6 of the Convention, where relevant, and by themselves respecting the confidentiality
of such a disclosure.
Principle 6 (Interception of communication, surveillance and judicial search and seizure)
a. The following measures should not be applied if their purpose is to circumvent the right of
journalists, under the terms of these principles, not to disclose information identifying a
source:
i. interception orders or actions concerning communication or correspondence of
journalists or their employers,
ii. surveillance orders or actions concerning journalists, their contacts or their
employers, or
iii. search or seizure orders or actions concerning the private or business premises,
belongings or correspondence of journalists or their employers or personal data
related to their professional work.
b. Where information identifying a source has been properly obtained by police or judicial
authorities by any of the above actions, although this might not have been the purpose of
these actions, measures should be taken to prevent the subsequent use of this information as
evidence before courts, unless the disclosure would be justified under Principle 3.
Principle 7 (Protection against self-incrimination)
The principles established herein shall not in any way limit national laws on the protection
against self-incrimination in criminal proceedings, and journalists should, as far as such laws
apply, enjoy such protection with regard to the disclosure of information identifying a source.