View all newsletters
Sign up for our free email newsletters

Fighting for quality news media in the digital age.

  1. Publishers
  2. Magazines
September 14, 2010

Euro judgment strengthens hand of press versus police

By Alexandra Zeevalkink

A judgment from the European Court of Human Rights today strengthened the rights of UK journalists to protect their sources from the police.

The court overturned a ruling against Dutch publisher Sanoma which had forced its journalists to hand over photographs to the police. It said that to do so would compromise their right to freedom of expression under Article 10 of the European Convention on Human Rights.

The journalists in question, who worked for the car magazine Autoweek, attended an illegal car race in January 2002 where they took photos. The magazine had intended to publish the photos with details obscured which could identify the vehicles.

Dutch police had issued a summons forcing them to hand over a CD-rom of photographs in a bid to idenfity those involved in the race.

The police also suspected that one of the vehicles participating in the street race had been used as a getaway car following a ram raid

Geoffrey Robertson QC, counsel for a coalition of intervening media said: ‘This ruling was an acid test for the Court and for media freedom across Europe. It sets a high benchmark for protection of journalistic materials and will force police and prosecutors across Europe, from Russia to France, to change their practices.”

Mark Stephens of Finers Stephens Innocent LLP, who also acted on behalf of the media, said: “In this respect, if no other, Europe has a firmer protection for free speech than the US and so today’s decision is very much to be celebrated.

Content from our partners
MHP Group's 30 To Watch awards for young journalists open for entries
How PA Media is helping newspapers make the digital transition
Publishing on the open web is broken, how generative AI could help fix it

‘The judgment firmly demonstrates that European governments cannot use clumsy police work to make journalists the surrogates for law enforcement.”

Peter Noorlander, legal director at the Media Legal Defence Initiative, said, “In this judgment, the European Court lays down a clear marker for the protection of journalistic materials. Law enforcement can no longer ask media to relinquish journalistic material unless as a matter of last resort in the investigation of a serious crime, and after having sought judicial authorisation.

“This will force a change in law and practice across Europe, not only in countries like Russia and Romania but also in France and the Netherlands where new legislation is now required.”

The Media Legal Defence Initiative, ARTICLE 19, the Committee to Protect Journalists, Guardian News and Media Limited, and the Open Society Justice Initiative intervened jointly in the lawsuit, with support from the Associated Press, Bloomberg News, Index on Censorship, the European Newspaper Publishers Association, Condé Nast Publications, Hearst Corporation, the National Geographic Society, the New York Times Company, La Repubblica, Reuters, Time Inc., the Washington Post Company, and the World Association of Newspapers and News Publishers.

Email pged@pressgazette.co.uk to point out mistakes, provide story tips or send in a letter for publication on our "Letters Page" blog

Select and enter your email address Weekly insight into the big strategic issues affecting the future of the news industry. Essential reading for media leaders every Thursday. Your morning brew of news about the world of news from Press Gazette and elsewhere in the media. Sent at around 10am UK time. Our weekly does of strategic insight about the future of news media aimed at US readers. A fortnightly update from the front-line of news and advertising. Aimed at marketers and those involved in the advertising industry.
  • Business owner/co-owner
  • CEO
  • COO
  • CFO
  • CTO
  • Chairperson
  • Non-Exec Director
  • Other C-Suite
  • Managing Director
  • President/Partner
  • Senior Executive/SVP or Corporate VP or equivalent
  • Director or equivalent
  • Group or Senior Manager
  • Head of Department/Function
  • Manager
  • Non-manager
  • Retired
  • Other
Visit our privacy Policy for more information about our services, how New Statesman Media Group may use, process and share your personal data, including information on your rights in respect of your personal data and how you can unsubscribe from future marketing communications.
Thank you

Thanks for subscribing.

Websites in our network