Nordic Rights Condemns Violation Of Journalists’ Sources Confidentiality In France

At Nordic Right, we are committed to advocating for and upholding human rights across the Nordic Region and beyond. Today, we condemn the recent events surrounding the 39-hour detainment of French investigative reporter Ariane Lavrilleux and the search of her home. These incidents have underscored the inadequacies of France’s 2010 law designed to protect the confidentiality of journalists’ sources. We stand in solidarity with Reporters Without Borders (RSF) in their long-standing call for a comprehensive overhaul of this law.

Ariane Lavrilleux, a reporter for the French investigative news site Disclose, was released on the evening of 20 September after nearly two days of custody at police headquarters in Marseille. She was questioned on allegations of obtaining and revealing information deemed a “national defense secret.”

The search of her home, the examination of her computer’s contents, and her interrogation by France’s domestic intelligence agency, the General Directorate for Internal Security (DGSI), all aimed at discovering her sources, bring to light the weaknesses in France’s legal framework for safeguarding journalists’ sources.

Under France’s Law on Press Freedom, no journalist can be compelled to disclose their sources. Furthermore, data obtained in a search targeting a journalist must be sealed and may only be opened with the authorization of a special “judge of freedoms and detention.” However, a 2010 amendment permits investigators to violate journalists’ source confidentiality “directly or indirectly” in cases deemed to have an “overriding requirement in the public interest.”

We at Nordic Rights, along with RSF, highlight the following major flaws in this law:

• The “overriding requirement in the public interest” concept is vague and can lead to abuse of investigative powers against journalists or the suppression of information in the public interest
• The authority deciding to breach source confidentiality acts independently without requiring permission or oversight from an independent authority
• Violation of source confidentiality is currently only penalized with procedure nullification, allowing perpetrators to evade criminal liability

RSF calls for a comprehensive overhaul of the legislation protecting journalists’ sources in France. The law should include more stringent safeguards to ensure that journalists can effectively protect their sources when investigating stories in the public interest. The European Court of Human Rights recognizes this right as a cornerstone of press freedom, vital for investigative journalism

RSF’s recommendations include:

• Replacing the “overriding requirement in the public interest” provision with a more restrictive and specific one
• Mandating prior authorization by a special “judge of freedoms and detention” to breach source confidentiality
• Extending source protection to include not just journalists but also investigative authors, documentary filmmakers, media workers, and similar professions
• Penalizing unlawful violations of source confidentiality as a criminal offense

In addition, laws on defense secrets should apply exclusively to those obligated by their professions not to disclose them, such as members of the armed forces and intelligence services. Such laws should never be used against journalists revealing information in the public interest. Legal provisions criminalizing the receipt of information violating professional confidentiality or police/judicial investigation confidentiality should be repealed for journalists performing their duties.

While a law aimed at “strengthening media freedom, independence, and pluralism” passed by the National Assembly in October 2016 showed promise, the Constitutional Council struck down its provisions on journalists’ source confidentiality the following month, impeding the investigation of sensitive cases. RSF labeled this decision as “very bad news for all journalists investigating sensitive cases.”

Nordic Rights stands in solidarity with RSF and calls for a reevaluation of France’s legal framework to safeguard the confidentiality of journalists’ sources and ensure the continued protection of press freedom.