| Abstract [eng] |
The right of journalists to refuse to give evidence is one of the most important instruments to ensure media freedom. Given the importance of this instrument, the right of journalists to refuse to give their testimony can only be limited by a court when it is necessary to protect the vital public interests. The case law of the ECHR imposes an obligation on States to establish a limited right of refusal of journalists to give testimony, and other sources of international law also make a comparable requirement. In foreign countries, journalists' testimonial immunities have been observed to vary in scope, but they are united by a common objective, namely, to protect the confidentiality of the source of information. In Lithuania, the proper application of the right of journalists to refuse to testify may be hindered by the broad concept of producers, disseminators, and journalists of public information, and it is therefore suggested to narrow the circle of persons to whom this definition may be applied. The immunity of journalists' testimony is limited to testimony which constitutes a source secret, which can be defined as data which are not disclosed to the public and which may indicate the origin of the information published by the journalist. It has been established that the way information is communicated is also covered by the secrecy of the source, provided that the person who communicated the information can be identified from it. The work also traces the historical development of journalists' testimony. The first in the world to establish the immunity of journalists' testimony was Sweden in the 18th century, and the global aspirations for the right of journalists to refuse to testify were not seen until the 20th century. Although historically other immunities of testimony have been established in Lithuanian criminal procedure laws, the right to refuse to give testimony of journalists was first established in 1990. |
