The protection of journalistic sources : a comparative analysis

Abstract

The notion of freedom of the press is an indispensable component of every democratic state. The protection of journalists’ sources is one of the crucial rights that they have in order to exercise their right to freedom of expression. This will enable them to execute their role as a ‘public watchdog.’ It is therefore a is a constitutive element of such freedom of press. This research paper will focus on the protection granted to journalistic sources afforded in the Maltese legal framework, considering mainly the Media and Defamation Act, and the Press Act. It will also consider certain powers available for persons in order to request source disclosure. This paper will also focus on the laws regarding source protection in the United Kingdom highlighting any differences or similarities between those of Malta. Further analysis into influential cases of the Courts of the United Kingdom is also done. Moreover, this paper will bring to light the importance of protection of journalistic sources at a European level primarily in Article 10 of the European Convention on Human Rights. Additionally, focusing on the approach taken in the cases of The European Court of Human Rights and the protection offered by recommendations of the Council of Europe.