Independent and digital journalistic activity receives the same basic constitutional protection.
Art. 51 · free journalism, including independent and digital journalism
Freedom of the press and protection of sources
Journalism does not depend on a State licence or membership of a large organisation. The proposed Constitution protects independent and digital press and editorial activity and gives special protection to confidentiality of sources.
Proposed Constitution · reference text · not promulgatedIn brief
A right is not an abstract promise: it constrains concrete decisions.
Compelled disclosure of a source may be ordered judicially only on an exceptional basis, where the information is indispensable in relation to a specifically identified serious harm, no reasonable alternative exists, and the protected interest outweighs the harm to press freedom and the flow of public information.
A source is not an investigative shortcut
Criticism of the Government, reporting of wrongdoing or disclosure of merely embarrassing information do not authorise breaching source confidentiality. The State must demonstrate a concrete and exceptional necessity.
The press and public-interest whistleblowing are connected
Art. 65 protects whistleblowers and permits disclosure to the public or the press in situations such as imminent danger, risk of retaliation or destruction of evidence, capture of the competent channel, or failure to take effective action.
What this means for you
Practical consequences
An order to reveal a source must pass judicial review and a strict test of indispensability.
The State may not maintain a monopoly over public information.
Limits and institutional honesty
What this safeguard does not authorise
Source confidentiality is not absolute where an exceptional constitutional necessity is demonstrated.
Freedom of the press does not immunise independently committed crimes or turn fraudulent false information into protected conduct merely because it was published.
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