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Reply to Recommendation | Doc. 12834 | 23 January 2012
The protection of journalists’ sources
1. The Committee of Ministers has examined
with close attention Parliamentary Assembly Recommendation 1950 (2011) on “The protection of journalists’ sources”, which has
been brought to the attention of member States' governments, and
forwarded to the Commissioner for Human Rights for information and
to the Steering Committee on the Media and New Communication Services
(CDMC), the European Committee on Crime Problems (CDPC) and the
European Committee on Legal Co-operation (CDCJ), for information
and possible comments.
2. The Committee of Ministers shares the Parliamentary Assembly’s
concerns in relation to the sensitive question of the protection
of journalists’ sources and notes that this is a condition for both
the full exercise of journalistic work and the right of the public
to be informed on matters of public concern. In this context, the Committee
wishes to recall its Declaration of 13 January 2010 on Measures
to Promote the Respect of Article 10 of the European Convention
on Human Rights, in which it stressed that freedom of expression
and information, including freedom of the media, are indispensable
for genuine democracy and democratic processes. It would furthermore
again underline that when those freedoms are not upheld, accountability
is likely to be undermined and the rule of law can also be compromised. 
3. Like the Parliamentary Assembly, the Committee of Ministers
recalls its Recommendation Rec(2000)7 on the right of journalists
not to disclose their sources of information, in which it recommends
to the governments of member States, inter
alia, to implement in their domestic law and practice
the principles appended to the Recommendation. Principle 1 of the
Recommendation states that “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”. The Committee of Ministers
calls on those member States that do not yet have legislation in
place to consider this with priority. It notes that the Council
of Europe can assist member States in analysing and improving their
legislation in this field, as proposed by the Assembly.
4. With reference to the issue raised in paragraph 15 of the
recommendation, the Committee of Ministers would underline that
the definition of media is changing. In certain circumstances, the
protection of sources may need to be extended to new media actors.
It notes that some member States have already adopted a broader
approach along the lines of Recommendation Rec(2000)7 or even extended
the protection of sources to non-professional media actors.
5. Recalling the limits to the right of non-disclosure contained
in Principle 3 of its Recommendation, the Committee shares the opinion
that the disclosure of information identifying a source should be
limited to exceptional circumstances where vital public or individual
interests are at stake. Seeking disclosure of sources should not
be seen as an alternative to poor investigation by law enforcement
agencies and authorities. In the light of the interests involved,
the importance of having a judge or other independent impartial
organ request the disclosure of a source should be stressed.
6. Considering also that the protection of “whistleblowers” is
closely linked to the right of every person to disclose to the media,
confidentially or otherwise, information about unlawful acts and
other wrongdoings which may be of public concern, such as corruption
and mismanagement, the Committee of Ministers agrees that their
protection must be secured.
7. Finally, the Committee of Ministers will consider the Assembly’s
proposals for guidelines contained in paragraphs 17.3 and 17.4 in
the context of the elaboration of the terms of reference for the
Steering Committee that will replace the CDMC.