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Alert

National defence law threatens confidentiality of sources

(RSF/IFEX) - On 22 August 2002, RSF expressed concern about the implications for press freedom of the national defence bill, approved by the Legislative Assembly on 15 August. According to Article 25 of the text, journalists may be forced to reveal their sources. "All journalists have the right to have the confidentiality of their sources respected," stated RSF Secretary-General Robert Ménard in a letter to President Francisco Flores. Ménard added that "any journalist interrogated in connection with information obtained while on duty [has] the right to not reveal the source," and that "no one can oblige the journalist to do this." RSF asked the president to ensure that Article 25 is modified accordingly.




RSF recalled that according to Principle 8 of the Declaration of Principles on Freedom of Expression of the Inter-American Commission on Human Rights (IACHR), "Every social communicator has the right to keep his/her source of information, notes, personal and professional archives confidential".

Article 25 of the national defence law, adopted on 15 August by the Legislative Assembly, stipulates that "in matters pertaining to national defense, government officials, public or municipal authorities, members of the court and private individuals will be required to provide the information required by the governmental department in question". The El Salvador Journalists' Association (Asociacion de Periodistas de El Salvador, APES) noted the lack of a clear definition of the notion of "national defence" and lamented the fact that the interpretation and application of the law will be left up to the discretion of the executive.