NGOs under European Convention on Human Rights / Tymofeyeva

codes of conduct in a number of Contracting States and is affirmed in several international instruments on journalistic freedoms.” 898 Regarding international documents promoting freedomof press and the protection of sources of journalists, we have to mention the activity the 4th European Ministerial Conference onMass Media Policy titled,The media in a democratic society, which took place in Prague in 1994. During the conference Resolution No. 2 Journalistic Freedoms and Human Rights, was adopted, which in Principle 3 states that the protection of the confidentiality of the sources used by journalists enables journalism to contribute to the maintenance and development of genuine democracy. 899 The 5 th Conference brought into life Resolution No. 1 The impact of new communications technologies on human rights and democratic values, where the importance of confidentiality of the journalistic sources was stressed again. 900 In 2000, the Committee of Ministers adopted Recommendation No. R (2000) 7 on the right of journalists not to disclose their sources of information. 901 In accordance with Principle 1 of this recommendation, domestic law and practice in member states should provide for the explicit and clear protection of the right of journalists not to disclose information identifying a source in accordance with Article 10 of the Convention and the principles established therein, which are to be considered as minimum standards for the respect of this right. In countries where the legal protection of journalists’ sources is not enacted, the courts must afford it as a part of the Convention law. The courts must be the guardians of freedom of expression, which covers the need of protecting journalistic sources in all stages of the proceedings, including those where journalists are called to answer as defendants or as witnesses. 902 Unlike in Europe, in the United States of America journalistic sources are not protected. In the case of Branzburg v. Hayes , 903 the U.S. Supreme Court ruled that the First Amendment 904 to the United States Constitution does not relieve a newspaper reporter of the obligation to respond to a grand jury subpoena and answer questions relevant to a criminal investigation. For this reason, this Amendment does not afford him a constitutional testimonial privilege for an agreement he makes to conceal facts relevant to a grand jury’s investigation of a crime or to conceal the criminal conduct 898 Ibid. , § 39. 899 4th European Ministerial Conference on Mass Media Policy (Prague, 7 and 8 December 1994) The media in a democratic society, Resolution No. 2 Journalistic Freedoms and Human Rights. 900 Article 19 of the Resolution No. 1The impact of new communications technologies on human rights and democratic values, 5th European Ministerial Conference on Mass Media Policy (Thessaloniki, 11 and 12 December 1997) The Information Society: a challenge for Europe.. 901 Recommendation No. R (2000) 7 of the Committee of Ministers to Member States On the Right of Journalists Not To Disclose Their Sources Of Information. Adopted by the Committee of Ministers on 8 March 2000, at the 701st meeting of the Ministers’ Deputies. 902 MACOVEI, 2004, cited above, p. 60. 903 Branzburg v. Hayes , 408 U.S. 665 (1972). 904 Amendment I: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

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