Protecting journalistic sources against contemporary means of surveillance

Abstract

Abstract This article aims to explore the impact of contemporary surveillance measures on journalistic work, in particular, in the context of protecting journalistic sources of information. Such protection is considered necessary to guarantee the free flow of information and enable journalists to appropriately fulfil their ‘public watchdog’ role. Thus, the use of surveillance technology to compromise the confidentiality of sources affects freedom of expression, but it also influences the observance of other human rights, such as the right to privacy. This article analyses both legal and practical aspects of the application of surveillance measures with respect to journalists. First, it reflects on the legal standards for protecting journalistic sources in the digital age and on the new legal developments weakening source protection in those countries. Second, it examines selected instances when journalists were subject to surveillance in three countries: Bulgaria, Poland and Romania.