Libertatea de exprimare. Dezvăluirea unor informații cu caracter de secret militar în contextul unei investigații jurnalistice
Liberty of expression. Revealing of some information with character of military secret in the context of a journalism investigation

Summary/Abstract: Secret information on military operations in a conflict area is a "a priori" information to be protected. States must organize their services and train their staff to ensure that no confidential information is disclosed. The protection provided to journalists by art. 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms is conditional on the fact that they act in good faith to provide accurate and reliable information in accordance with the principles of responsible journalism. If the applicant, a journalist, obtained and disclosed military information which was no longer up to date, the measures taken against the applicant, detention and then the imposition of an administrative fine were not reasonably proportionate to the legitimate aim pursued, having regard to the interests of a democratic society in ensuring and preserving the freedom of the press and, consequently, violation of art. 10 of the aforementioned Convention.

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