Cases

Financial Times Ltd & Ors v United Kingdom

Comment

The Court provided important additional guidance in respect of disclosure orders following Goodwin v UK. It stated that the "special nature" of the principle of protection of sources means that no single factor can be decisive in the balancing exercise required under Art 10(2) but must be considered in the context of the case as a whole. The conduct or purpose of the source, however mala fide, can never be decisive but will merely operate as one of many important factors to be taken into consideration. The same applies to evidence that the leaked document has been doctored by the source, or is inaccurate. In assessing whether a disclosure order is justified in such cases, the steps taken by the journalists to verify the accuracy of the information may be considered. Furthermore, whether the company sought an injunction to prevent disclosure of the confidential or sensitive commercial information prior to publication may be another factor which is taken into account.

Areas of work

Contempt
Human Rights
Privacy and Confidence

Also