EU states must protect journalists' sources - Kroes

EU countries should take appropriate measures that safeguard journalists’ right to protect their sources, and to protect journalists from undue influence, European Commissioner Neelie Kroes told Nationalist MEP Roberta Metsola in a reply to a question submitted following the arrest of MaltaToday journalist Matthew Vella.

The journalist was interrogated under arrest after publishing details of a confidential attachment order against Kazakh exile Rakhat Aliyev in June 2013, which has now been officially converted into an asset-freezing order.

An attachment order, as it is known technically, is an investigative action issued by the courts giving the police access to assets and bank accounts of money laundering suspects.

Publishing information about such an order is specifically prohibited by the Money Laundering Act, which provides for a fine of up to €12,000 and 12 months’ imprisonment for any breaches.

“The Commission aims to ensure the respect of rights and principles enshrined in the Charter of Fundamental Rights of the EU, including Article 11 on freedom of expression and information, encompassing media freedom and pluralism. According to Article 51(1), the Charter applies to Member States only when they are implementing EC law. There is no European legislation regarding protection of sources,” Kroes told Metsola.

Kroes also said this topic was addressed in the report to the Commission of the independent high-level group on media freedom and pluralism of January 2013.

“The HLG recommends that all EU countries should have enshrined in their legislation the principle of protection of journalistic sources, restrictions to this principle only being acceptable on the basis of a court order, compatible with the constitution of that country.

“The 30 recommendations in the report are not binding on the Commission, but the Commission sought feedback on them in public consultations. In its conclusions of November 2013, the Council of the EU invited member states to take appropriate measures to safeguard the right of journalists to protect their sources and to protect journalists from undue influence.”

The law on the protection of journalistic sources varies among different member states. The Media Pluralism Monitor tool is currently being tested and implemented by the European University Institute to assess risks for media pluralism in the Member States following a pilot project foreseen in the budget of the EU.