Freedom of the press and the guarantee of journalists not to disclose their sources of information in the European Convention on Human Rights

In this study, several documents issued by the Council of Europe bodies and the European Court of Human Rights' decisions, which are decisive in the interpretation of the European Convention on Human Rights, have been addressed. In this context especially tried to be included in the opinions and practices in Turkey as one of the State Party to the Convention. The reason for the limitation of this issue is that an important practice in the European Convention on Human Rights, which is aimed at protection of journalists' sources of information, is formed. Therefore, a detailed study on this subject may guide the practice. Freedom of the press is protected under Article 10 of the European Convention on Human Rights and the press carries out the duty of imparting information and ideas to the public. At this point the journalists' sources assist the press in informing the the public on matters of public interest, on condition that their identities remain confidential. Journalists may be compelled to disclose their sources by means of testimony, an order to surrender a document, search, seizure, interception of communication. In exceptional circumstances an interference in the guarantee of journalists not to disclose their sources of information can be justified by an overriding requirement in public interest and can be compatible with Article 10 of the Convention. On the other hand, due to the chilling effect on the potential sources of information the State Parties to the Convention should clarify that they respected the confidentiality of the sources of journalists and provided the procedural safeguards at every stage of the procedures applied to the journalists.