The provisions on the freedom to communicate information are part of the Freedom of the Press Act and the Fundamental Law on Freedom of Expression, which regulate press and freedom of speech.
For this right to apply, the purpose of disclosing information must be for publication. It is sufficient that the intent is publication; whether the information is actually published does not affect the protection of the source. The purpose of this freedom is, among other things, to serve as a channel through which important information can reach the public. However, there is no requirement that the information in a specific case must be of public interest.
Exceptions to the Freedom to Communicate Information
The right to disclose and publish information does not always apply. The following exceptions exist:
- It is not permitted to disclose or publish information if doing so constitutes certain serious crimes against national security, such as espionage, or certain other crimes against the state.
- It is not permitted to release an official document containing classified information for publication. However, disclosing classified information from an official document for media publication may still be possible. Note, however, the point below regarding qualified secrecy.
- It is not permitted to violate confidentiality obligations in cases specifically stated in the Public Access to Information and Secrecy Act, referred to as qualified secrecy. These cases are specified under the section “The Right to Disclose and Publish Information” at the end of chapters 15–43 of the Public Access to Information and Secrecy Act.
Prohibition Against Investigating Sources
Authorities are prohibited from investigating who disclosed information or how the disclosure occurred. A representative of an authority may not ask a journalist about their sources. This prohibition is intended to protect informants who wish to remain anonymous.
Prohibition Against Reprisals
Authorities are prohibited from taking action against anyone who has disclosed information to the media or otherwise spoken to the media. The prohibition against reprisals covers any action that results in negative consequences for a public employee. This prohibition primarily aims to protect informants who have come forward publicly and whose identities are therefore known.