(RSF/IFEX) – RSF has denounced the French courts’ systematic calling into question of journalists’ right to research and publish their information. The organisation’s protest coincides with the current trial of Hubert Levet, a journalist and managing editor of the financial daily “Agefi” (Agence économique et financière). Levet is being tried before the Paris Magistrates’ Court […]
(RSF/IFEX) – RSF has denounced the French courts’ systematic calling into question of journalists’ right to research and publish their information. The organisation’s protest coincides with the current trial of Hubert Levet, a journalist and managing editor of the financial daily “Agefi” (Agence économique et financière). Levet is being tried before the Paris Magistrates’ Court Eleventh Chamber for “disclosing confidential financial information”.
RSF recalls that researching and “disclosing” information is at the very heart of the journalism profession. Journalists should not be expected to respect the so-called “confidentiality” of certain information, just as they are not legally obligated to respect the said notion of “professional secrecy”. Though such an obligation does exist in certain other professions, such as law, it is not the case in journalism. Nor are journalists subject to the respect of investigative secrecy, contrary to judges, police officers and court clerks.
The French courts are systematically interpreting the principles of investigative secrecy, professional secrecy and presumption of innocence as taking precedence over the right of journalists to research and freely publish their information. This interpretation contradicts the principles set forth in European Court of Human Rights (ECHR) jurisprudence. In 2001, the Court of Cassation endorsed the notion that journalists could be tried with the new criminal offence of “possession of a violation of investigative secrecy”. This followed the ECHRâs 1999 condemnation of France in a similar case, when the court ruled that the sentencing of a journalist for “possession of documents originating from a violation of professional secrecy”, constituted improper “interference” in freedom of expression by the judicial authorities.
On 14 December 1999, Levet was placed in police custody and interrogated at length about his sources, which he refused to disclose (see IFEX alert of 21 December 1999). Respect for the protection of journalistsâ sources is regularly called into question by the judicial authorities. Journalist Jean-Pierre Rey, who was held in police custody for nearly four days by the National Anti-terrorist Division (Division nationale antiterroriste, DNAT) in September 2001, is the fifth journalist to face such a measure since 1 January 2000 (see IFEX alert of 10 September 2001). Though the 15 June 2000 Law stipulates that a person can only be held in police custody if there is “evidence indicating that they have committed or attempted to commit an offence,” interrogated journalists have denounced the police actions as a form of pressure that is in fact aimed at forcing them to disclose information that should be covered by the principle of the confidentiality of sources.
RSF is once again asking for a revision of the criminal code procedure (Art. 109, Par. 2) to better protect journalistsâ right not to disclose the origin of information they collect in the course of their professional activities.
