Media freedom and source protection in international and European standards

by Juelda LAMÇE, Fabian ZHILLA

Abstract
The role of the media in the society, as a powerful means that contributes to democracy, is strictly related to its responsibility. It implies that the information should be gathered and disseminated in compliance with the law, but also according to ethical professional standards. This is crucial not just for the public trust in the institutions, but also as a testbed to data protection and privacy rights. On the other side, the protection of journalistic sources as a cornerstone of press freedom, enables whistleblowing, investigative journalism, and democratic accountability. However, in the face of threats to national security, terrorism, or serious crime, states increasingly invoke public interest to justify limiting this protection. The tension lies competing public goods: press freedom and rule of law versus public safety. The doctrine considers the protection of journalistic sources as a qualified right, not an absolute one, which is subject to strict scrutiny when limitations are considered. Given the premises, the aim of this paper is to provide a general picture of the international standards invoked to strike the balance between guarantying media freedom and source protection, in the age of digital media and rapid information flows. The methodology used in this paper is doctrinal legal research method, analyzing critically and in a comparative perspective, relevant theories, legal framework and jurisprudence.

Keywords: media freedom, restrictions, responsible journalism, proportionality, public interest.