The right of journalists not to disclose their sources and the new media

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    Abstract

    This chapter deals with the issue of whether the right of journalists not to disclose their sources should be extended to protect the various ‘citizen journalists’ of the New Media. After expounding some jurisprudential attempts to confront this issue in the USA and after tracing the restrictive tendencies in the available instruments of the Council of Europe, this chapter examines and criticizes a recent attempt to escape this problem focusing on the ‘source’ rather than on the ‘journalist’. Returning back to the traditional context of the debate, in its last section, this chapter proposes an enlargement of the traditional concept of ‘journalist’ to provide protection to all persons who disseminate information to the public through the use of New Media, provided that these persons had the intent to do so (i.e. to disseminate information) already at the inception of the information-gathering process.

    Original languageEnglish
    Title of host publicationEU Internet Law
    Subtitle of host publicationRegulation and Enforcement
    PublisherSpringer International Publishing
    Pages339-365
    Number of pages27
    ISBN (Electronic)9783319649559
    ISBN (Print)9783319649542
    DOIs
    Publication statusPublished - 1 Jan 2017

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