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The Guardian - UK
The Guardian - UK
Business
Roy Greenslade

Legal curbs on the protecting of sources

The first ever comprehensive study of protection of journalists' sources in countries around the world has found that while most democratic countries have adopted legal protections, anti-terrorism and surveillance laws are being used to undermine confidentiality.

According to the study, many countries in Europe have now adopted laws that will substantially undermine journalists' ability to communicate private with their sources and make it substantially easier for governments to identify them.

In Britain, the protection of journalists sources (aka, informants or whistleblowers) is being undermined by the use of the Official Secrets Act and the Terrorism Act. As I reported yesterday, a reporter from the Milton Keynes Citizen has been charged with three counts of aiding and abetting misconduct in a public office for receiving, and reporting on, leaked documents.

David Banisar, lead author of the study, says: "It is time for the UK to repeal the Official Secrets Act and provide greater protection to those speaking out in the public interest."

In addition, parliament's approval in July of regulations that allow for the mass surveillance of all telecommunications systems including mobile and Internet further threatens journalists' confidentiality with their sources. Even before the regulations came into force, police abused the access under the Regulations of Investigatory Powers Act to identify sources.

Around the globe, the worst problems for journalists' protection of sources is found in those countries lacking a specific law. The US, Canada, the Netherlands and Ireland are noteworthy as having no legal protections and journalists have been fined and jailed for not revealing their sources.

Jo Glanville, editor of Index on Censorship says: "This is an important and timely report on a subject fundamental not only to press freedom but to the future of open democracy."

You'll find a pdf of the full report here.

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