References: Times 28-Mar-96, 17488/90, (1996) 22 EHRR 123,  ECHR 16,
Links: Bailii, ECHR, Bailii
An order for a journalist to reveal his source was a breach of his right of free expression: ‘The court recalls that freedom of expression constitutes one of the essential foundations of a democratic society and that the safeguards to be afforded to the press are of particular importance. Protection of journalistic sources is one of the basic conditions for press freedom, as is reflected in the laws and the professional codes of conduct in a number of contracting states and is affirmed in several international instruments on journalistic freedoms. Without such protection, sources may be deterred from assisting the press in informing the public on matters of public interest. As a result the vital public watchdog role of the press may be undermined and the ability of the press to provide accurate and reliable information may be adversely affected. Having regard to the importance of the protection of journalistic sources for press freedom in a democratic society and the potentially chilling effect an order of source disclosure has on the exercise of that freedom, such a measure cannot be compatible with article 10 of the Convention unless it is justified by an overriding requirement in the public interest.’
Statutes: European Convention on Human Rights Art 10
This case is cited by:
- Cited – Reynolds -v- Times Newspapers Ltd and others HL (Times 29-Oct-99, Gazette 25-Nov-99, Gazette 17-Nov-99, House of Lords, Bailii,  2 AC 127,  UKHL 45,  4 All ER 609,  3 WLR 1010,  EMLR 1,  HRLR 134, 7 BHRC 289)
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
- Cited – Campbell -v- Mirror Group Newspapers Ltd (MGN) (No 1) HL (Bailii,  UKHL 22, Times 10-May-04, House of Lords,  2 WLR 1232,  2 AC 457,  UKHRR 648,  EMLR 15, 16 BHRC 500,  HRLR 24,  2 All ER 995)
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
- Cited – Ashworth Security Hospital -v- MGN Limited HL (House of Lords, Times 01-Jul-02, Gazette 01-Aug-02, Bailii,  UKHL 29,  1 WLR 2033, 12 BHRC 443,  FSR 17,  CPLR 712,  UKHRR 1263,  EMLR 36, (2002) 67 BMLR 175,  HRLR 41,  4 All ER 193)
The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have . .
- Cited – B And L -v- The United Kingdom ECHR (36536/02, Bailii,  ECHR 584, ECHR, Times 05-Oct-05, Bailii,  ECHR 584)
The claimants said that UK law was inconsistent in its treatment of marriage between in-laws, since it provided that it was available only by means of a private Act of parliament.
Held: The provision was irrational and infringed the human . .
- Cited – Mersey Care NHS Trust -v- Ackroyd QBD (Bailii,  EWHC 107 (QB), Times 09-Feb-06)
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical . .
- Cited – Mersey Care NHS Trust -v- Ackroyd CA (Bailii,  EWCA Civ 101, 94 BMLR 84,  EMLR 1,  HRLR 19)
The defendant journalist had published confidential material obtained from the claimant’s secure hospital at Ashworth. The hospital now appealed against the refusal of an order for him to to disclose his source.
Held: The appeal failed. Given . .
- Cited – Purdy, Regina (on the Application of) -v- Director of Public Prosecutions and Another QBD (Bailii,  EWHC 2565 (QB), Times)
The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) . .
- Cited – Purdy, Regina (on the Application of) -v- Director of Public Prosecutions and Another Admn (Bailii,  EWHC 2565 (Admin), (2008) 104 BMLR 231,  HRLR 7,  UKHRR 94)
The applicant said that the defendant had unlawfully failed to provide detailed guidance under section 10 of the 1985 Act, on the circumstances under which a prosecution might lie of a person performing acts which might assist another to commit . .
- Cited – Purdy, Regina (on the Application of) -v- Director of Public Prosecutions HL (Bailii,  UKHL 45, Times,  UKHRR 1104, (2009) 12 CCL Rep 498,  HRLR 32,  1 Cr App R 1, (2009) 109 BMLR 153, 12 CCL Rep 498, 27 BHRC 126,  3 WLR 403,  4 All ER 1147)
The appellant suffered illness and anticipated that she might want to go to Switzerland to commit suicide. She would want her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances . .
- Cited – Sugar -v- The British Broadcasting Commission and Another (No 2) CA (Bailii,  EWCA Civ 715, WLRD,  WLR (D) 157,  EMLR 24,  1WLR 2262)
The respondent had had prepared a report as to the balance of its reporting of the Israeli-Palestinian conflict. Earlier proceedings had established that the purposes of the holding of the reporting included jurnalism. The claimant now appealed . .
- Cited – Gillberg -v- Sweden ECHR (41723/06, Bailii,  ECHR 569)
(Grand Chamber) The applicant, a consultant psychiatrist, had conducted research with children under undertakings of absolute privacy. Several years later a researcher, for proper reasons, obtained court orders for the disclosure of the data under . .