October 26, 2017
BRUSSELS - The International Federation of Journalists (IFJ) welcomes new Canadian law protecting confidential sources of journalists that was approved on 18 October.
Canada adopted a new law on October 18 that strengthens the protection of journalists’ sources. The IFJ joined its affiliates in Canada UNIFOR and CWA in welcoming a legislation that is “of a great importance for the journalism community, their sources and the public at large”.
Both House of Commons and Canadian Senate voted in favor of the Journalistic Source Protection Act, Bill S-231, which despite some loopholes, introduces important safeguards for whistleblowers who inform journalists about cases of corruption and other cases that damage the public interest.
The new law shifts the burden of proof in applications involving journalists and police services which concern the importance of revealing or protecting a confidential source. According to the law, a journalist is no longer obliged to convince a court to protect the confidentiality of her sources.
Instead, police services will have to demonstrate why there is a need to disclose the identity of a journalistic source. If police officers do not find other means to obtain information, a judge of the higher court will decide whether the police has a right to ask for the journalists’ source’s identity and accordingly.
In cases where the judge issues the warrant or production order to disclose the source, a journalist has 10 days to oppose the order and explain why the confidentiality of the source must be protected.
However, journalists’ organizations point to one major criticism of the law in that some categories of journalists will fall outside the protection which could challenge the confidentially of their sources.
“These changes in Canadian law are of great importance for the journalism community, their sources and the public at large. The protection of journalistic sources is a core journalistic principle enshrined in our Declaration of Principles. It is a prerequisite to a free and independent press and ensures that journalists have access to information, including the ones that reveal cases of corruption and government wrongdoings. It is in the citizens’ interests that the protection of journalists’ sources is truly respected. We welcome this big step forward in Canada,” said the IFJ General Secretary Anthony Bellanger. - IFJ media release
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