RSF and 110 organisations call on the French government to guarantee the protection of journalists’ sources
As journalist Ariane Lavrilleux has been summoned to appear in a Paris court on 17 January in a controversial case concerning source confidentiality, Reporters Without Borders (RSF) along with the media outlet Disclose, the press freedom non-profit Fonds pour une presse libre (FPL), Sherpa, and the French National Union of Journalists (SNJ) sent a joint letter to French Prime Minister François Bayrou, Culture Minister Rachida Dati, Interior Minister Bruno Retailleau, Justice Minister Gérald Darmanin, and Armed Forces Minister Sébastien Lecornu. The letter, signed by 106 other organisations, included five recommendations to guarantee the confidentiality of journalists’ sources.
"The summoning of Ariane Lavrilleux on 17 January serves as a reminder of the need to revisit the Dati law on source confidentiality, with the aim of clarifying — and, consequently, narrowing — the definition of ‘overriding public interest’ and its application. The Lavrilleux case is not an isolated incident, and the problem is far from theoretical: the DGSI [General Directorate for Internal Security] has summoned or detained 27 journalists over the past 15 years. The push to introduce a national security exception into European legislation on media freedom highlights the importance of curbing these practices and limiting their scope. The consensus among organisations and the recommendations of the French General Assembly of Information should compel the government to take decisive action.
On 17 January 2025, Ariane Lavrilleux, a journalist for the investigative outlet Disclose, will appear at the Judicial Court in Paris. She could be charged for her work on articles about a secret French military operation in Egypt, which was allegedly misused by Egypt to target and kill civilians. The summons comes after the DGSI — The Interior Ministry’s counter-intelligence agency — stalked Ariane Lavrilleux, monitored her geolocation, surveilled her private and professional activities, searched her home and placed her in police custody for 39 hours.
As this deadline approaches, RSF, Disclose, the FPL, Sherpa and the SNJ have put forward five recommendations aimed at strengthening the legal framework protecting the confidentiality of sources in France, which is essential to press freedom and the right to information:
1. Restrict the conditions for lifting source confidentiality: It is imperative to restrict the conditions for lifting the secrecy of sources by clearly defining the situations that justify exceptions, notably the prevention and repression of crimes and offences of particular gravity. This clarification will limit the abusive use of the notion of "overriding imperative of public interest".
2. Maintain judicial control of investigative acts: In order to protect the secrecy of sources, any investigative measures taken by the police or judiciary that could potentially affect source confidentiality, such as searches or tracking geolocation, should require prior authorisation from an independent judge.
3. Extend the scope of source confidentiality: Source confidentiality must not be limited to journalists but extended to other actors such as media professionals, authors of investigative works, and documentary filmmakers. This extension is necessary to ensure effective protection against attacks from both judicial and administrative authorities.
4. Create a remedy in the event of violations: It is crucial to allow journalists who are not directly involved in investigations where their sources are revealed to seek the annulment of investigative measures taken by the police or judiciary that have violated the secrecy of sources. This measure will guarantee adequate legal protection in the face of potential violations.
5. Introduce the offence of breaching source confidentiality: Given the weakness of current sanctions, it is necessary to create a specific offence punishing breaches of source confidentiality, modelled on the protection of professional secrecy for lawyers and doctors. This measure will effectively deter breaches of source confidentiality and fill current legal loopholes.
