Principle 25. Protection of sources and other journalistic material 1. Journalists and other media practitioners shall not be required to reveal confidential sources of information or to disclose other material held for journalistic purposes except where disclosure has been ordered by a court after a full and fair public hearing. 2. The disclosure of sources of information or journalistic material as ordered by a court shall only take place where: a. b. c. 3. the identity of the source is necessary for the investigation or prosecution of a serious crime or the defence of a person accused of a criminal offence; the information or similar information leading to the same result cannot be obtained elsewhere; and the public interest in disclosure outweighs the harm to freedom of expression. States shall not circumvent the protection of confidential sources of information or journalistic material through the conduct of communication surveillance except where such surveillance is ordered by an impartial and independent court and is subject to appropriate safeguards. Part III: Right of Access to Information Principle 26. The right of access to information 1. The right of access to information shall be guaranteed by law in accordance with the following principles: a. b. 2. Every person has the right to access information held by public bodies and relevant private bodies expeditiously and inexpensively. Every person has the right to access information of private bodies that may assist in the exercise or protection of any right expeditiously and inexpensively. For the purpose of this part, a relevant private body is a body that would otherwise be a private body but is owned partially or totally, or is controlled or financed directly or indirectly by public funds, or a body that carries out a statutory or public function or a statutory or public service. Principle 27. Primacy Access to information laws shall take precedence over any other laws 19

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