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
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