The protection of information sources: integration of Spanish model with ECHR jurisprudence

Abstract

The protection of sources is an essential element in the practice of journalism in the service of information flow. This instrument of protection has long been scant attention from the legal point of view; however, the media themselves often make visible episodes of claim or controversy regarding its components. At the time, Spain was a pioneer by including it as a fundamental right in Art. 20.1 d) EC. However, the absence of legal development under the Constitution as it remains an open question in our country. This regulatory vacuum has filled in practice using the criteria adopted by the European Court of Human Rights in its case law on Art. 10 ECHR, which in the last decade has been particularly generous and has come to update and define the key elements of this figure.Published online: 23 December 2014

Keywords

• secreto profesional
• fuentes informativas
• libertad de información
• derechos fundamentales
• transparencia
• estatuto profesional