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Financial Times Ltd and Others -v- The United Kingdom - ECHR - 15-Dec-09 - L. Garlicki, President, and Judges Sir Nicolas Bratza, G. Bonello, L. Mijovic, D. Björgvinsson, L. Bianku and M. Poalelungi - Human Rights - Media
The claimants said that an order that they deliver up documents leaked to them regarding a possible takeover violated their right to freedom of expression. They complained that such disclosure might lead to the identification of journalistic sources.
Held: The protection of journalistic sources was part of the protection of freedom of expression: "protection of journalistic sources is one of the basic conditions for press freedom. Without such protection, sources may be deterred from assisting the press in informing the public on matters of public interest. As a result, the vital “public watchdog” role of the press may be undermined and the ability of the press to provide accurate and reliable reporting may be adversely affected. Having regard to the importance of the protection of journalistic sources for press freedom in a democratic society and the potentially chilling effect that an order for disclosure of a source has on the exercise of that freedom, such a measure cannot be compatible with Article 10 unless it is justified by an overriding requirement in the public interest ."
In this case: " Interbrew's interests in eliminating, by proceedings against X, the threat of damage through future dissemination of confidential information and in obtaining damages for past breaches of confidence were, even if considered cumulatively, insufficient to outweigh the public interest in the protection of journalists' sources."
European Convention on Human Rights 810
Cases Cited: Interbrew SA -v- Financial Times Ltd and Others ChD 19-Dec-01; Financial Times Ltd and others -v- Interbrew SA CA 08-Mar-02; Norwich Pharmacal Co and others -v- Customs and Excise Commissioners HL 26-Jun-73; Ashworth Security Hospital -v- MGN Ltd CA 18-Dec-00; Ashworth Security Hospital -v- MGN Limited HL 27-Jun-02; Ackroyd -v- Mersey Care NHS Trust CA 16-May-03; Ackroyd -v- Mersey Care NHS Trust 18-Oct-02; Akdivar and Others -v- Turkey ECHR 16-Sep-96; Steel and Morris -v- United Kingdom ECHR 15-Feb-05; Fressoz and Roire -v- France ECHR 21-Jan-99; Bladet Tromso and Stensaas -v- Norway ECHR 20-May-99; Handyside -v- The United Kingdom ECHR 07-Dec-76;
821/03 [2009] ECHR 2065 15-Dec-09 Bailii Link 16-Dec-09 Times Link
Case law from lawindexpro