New threat to source confidentiality in France: RSF condemns the unjustified examination of journalist Philippe Miller's equipment
After an abusive detention where no formal charges were filed, journalist Philippe Miller faces another serious violation of his rights: his professional equipment is being examined, undermining the fundamental principle of source confidentiality. On the eve of journalist Ariane Lavrilleux’s appearance before the investigative judge, Reporters Without Borders (RSF) is sounding the alarm about a troubling new legal precedent. This attack on a cornerstone of press freedom highlights the glaring flaws in French legislation concerning the protection of journalists.
On 17 January, journalist Philippe Miller will speak at a rally in support of journalist Ariane Lavrilleux, who is appearing before an investigative judge and faces possible prosecution for "appropriation and disclosure of a national defence secret." Like Ariane Lavrilleux, Philippe Miller’s right to source confidentiality has been violated: his computer, phone, and notebook are currently being analysed by a court-appointed expert, and a report is expected in March as part of a criminal case in which Miller is not involved. Despite RSF’s call for the return of these materials, on December 19 the judge ordered an examination of the equipment, which had been seized during a heavy-handed and disproportionate intervention.
"Even in the context of a criminal investigation, authorities are required to balance the court’s investigative needs with the protections granted to journalists and their sources. Philippe Miller’s case sets a worrying precedent for source confidentiality in France. This case, like Ariane Lavrilleux’s, underscores the urgent need to reform the 2010 law which does not sufficiently protect one of the cornerstones of press freedom.
The case stems from a complaint filed by the law firm Ziegler for the theft of confidential data, handling stolen property, and breach of professional secrecy following the publication of an article by Philippe Miller on the online media outlet Warning Trading. The investigation, "Jocelyn Ziegler: The Strange Methods of a Lawyer Influencer" (written in French), questioned the practices of the Parisian law firm.
Philippe Miller was arrested by about ten police officers in a Parisian restaurant while meeting with an alleged source. He was subsequently held in custody for nearly 48 hours, the longest arbitrary deprivation of liberty of a journalist in connection with their professional activities that France has seen in recent years. The liberty and custody judge authorised the examination of Philippe Miller's professional equipment, even though he is not a suspect in the case. The judge ruled in favour of including Philippe Miller’s handwritten notes in the case file, and allowed a legal expert to search his computer and phone, citing the precedence of lawyer-client privilege over journalist-source confidentiality.
The call for reform to better protect sources
On 13 January, RSF and its partners outlined five key areas of reform to improve the protection of source confidentiality in an open letter to Culture Minister Rachida Dati:
- Restrictions to lifting source confidentiality;
- Judicial oversight of legal investigations;
- Expanding the scope of source confidentiality;
- Creating a legal remedy for breaches;
- Establishing a criminal offence for violations of source confidentiality.
