Through a statement, Media Development Center (MDC) is calling journalists reporting on the case “Puch” not to neglect the public interest and reminds them that journalists are not responsible for the way their sources received data.
The statement of MDC reads that the practice of European Court of Human Rights releases journalists from liability for publishing secret or personal data and information if journalists didn’t violate any law or rule while obtaining the information.
“The joint statement of the Special Rapporteur for Freedom of Expression of the UN, OSCE, the US and the African Union on 19th of December 2006 states that “journalists should not be held responsible for publishing secret or confidential information if they have not violated any rule or law provision while obtaining such information.” Directive for the protection of individuals with regard to the processing of personal data and the free movement of such data to the European Parliament and of the Council of the EU (95/46/EC) also includes, in the definition of personal data, video and audio recordings obtained by secretly recording (so-called “undercover”), but imposes member states, in Article 9 of the Directive, to provide exceptions or release of journalists from the provisions of the Directive concerning the processing of personal data in their national laws. Of course, while reporting on such cases, journalists have to adhere to the rules of professional ethics, which requires objectivity and respect to the privacy of others, but not at the cost of neglecting the public interest,” reads the statement of MDC.
