Cases

Sanoma Uitgevers BV v Netherlands

Facts

 Journalists employed by S photographed an illegal street race, their attendance having been permitted by the organisers on condition that they did not disclose the identities of participants which were masked upon publication. Police asked S to surrender the photos when they later realised that a car may have been used in a raid. S refused. The public prosecutor issued a witness summons requiring S to surrender the photographs. S again refused. The duty investigating judge then expressed the view that the needs of the criminal investigation outweighed the applicant company's journalistic privilege and, under protest, S surrendered the photos. S then sought orders that the photos be returned and the police destroy any copies. The police explained in court that the photos were needed for the investigation of a series of robberies. The court granted return of the photos but no more and ruled the police’s actions lawful. S’s appeal was dismissed. S contended that their Article 10 rights had been violated as they had been compelled to give up information that identified their sources.

In January 2009 the European Court by a narrow margin found no violation of Article 10. In September 2009 the case was referred to the Grand Chamber.

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