1.5 Protection of confidential sources of information is guaranteed by law.
ANALYSIS:
According to the provisions of the communication law, professional secrecy
constitutes a right and an obligation for journalists who must respect the confidence
of a person who gives them information under the seal of confidentiality. However,
and according to the same law, journalists may be forced by the courts to reveal their
sources of information in certain cases (regarding secrets of national defence or
economic strategy, manifest breaches of state security, information regarding
children or adolescents as well as confidential information relating to judicial
enquiries and procedures). In practice, journalists are often intimidated and put under
pressure to reveal their sources.
Due to the lack of legislation on access to information, the protection of confidential
sources of information is not guaranteed. Provisions on access to information have
been included in the White Paper on the new communication law. A law on access to
information is currently in gestation and adoption of such legislation can only
strengthen good governance practised by the state.
The current impasse in the legislative process of adopting the new communication
law may extend sine die the discretionary powers of public authorities in this field,
allowing them to continue dispensing official information only in droplets and
classifying them as “confidential”.

SCORES:
Individual scores:

1, 1, 1, 3, 1, 1, 1, 3

Average score:

1.5

1.6

Public information is easily accessible, guaranteed by law, to all citizens
including journalists.

ANALYSIS:
Gaining access to official information often resembles an obstacle course. Most
official files are classified as confidential or as state secrets. Transparency and
communication are not yet part of the organisational culture of the administration and
since there is no law on access to information officials often seek refuge behind their
obligation to be cautious and protect the integrity of the state in order not to disclose
the data in their possession. Being afraid of being reprimanded or even sanctioned,
officials rarely take responsibility and often prefer to refer people to their superiors
who act in the same way. Downstream, information is rarely available immediately
and sometimes enquiries are not followed up.

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Select target paragraph3