Excessive police operation against journalists leads to reforms to protect media sources

This case has implications for every journalist working in Europe. It confirms that the freedom to inform and to maintain professional standards of quality and accuracy form benchmark decisions for journalism in Europe.

Renate Schroeder, Director of the European Federation of Journalists. Reported by IFEX, 17 July 2003
© Photos: Martine Ernst / Resistances / IGIHE / blog decès célèbres

Background

Martine Ernst, Alain Guillaume, René Haquin and Philippe Brewaeys were journalists.

In 1995 a huge operation was carried out to search their workplaces, homes and cars. It involved 160 police officers. The warrant had given the officers almost unlimited scope to seize documents and objects, without specifying where the search could take place or what the seizures were for.

The search was related to the prosecution of government employees for leaking confidential information. However, none of the journalists involved had written any articles containing secret information. They were not accused of any offence or told why the search was happening.

Judgment of the European Court of Human Rights

The European court ruled that the searches and seizures had been disproportionate, violating Martine, Alain, René and Philippe's right to privacy and their right to provide and receive information as journalists.

Follow-up

In 2005 the Belgian Parliament adopted a law on the protection of media sources. This made it illegal to seek information about journalists’ sources—in particular through searches or seizures—in the majority of circumstances.

Additional information

Themes:

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