Press freedom and the right of journalists to keep the confidentiality of their information source

Abstract

Despite its importance for the freedoms of expression, information and press, and the fact that is commonly accepted the right of journalists to keep the identity of their sources of information secret [art. 20.1.d) Spanish Constitution] certain shadows and uncertainties remain about this right, which may generate situations of great legal uncertainty inpractice for journalists. They can be, however, overcome, if we turn our attention to Europe, to the jurisprudence of the ECHR, as we are obliged, on the other hand, by art. 10.2 EC. Through an analysis of the main judgments of the ECHR on this issue (from Goodwin versus the United Kingdom to the recent Big Brother Watch and others versus the United Kingdom), in this work are systematized the main features that define this European protection of the confidentiality of the sources. They are also applicable in Spain.