Cases

Goodwin v United Kingdom

Held

Having regard to previous case law, and bearing in mind that it may be difficult to frame the law in this area with absolute clarity, s 10 Contempt of Court Act was sufficiently well prescribed to satisfy the requirement of foreseeability. However, bearing in mind that publication of the confidential information was already prohibited by injunction, the order for disclosure of the source was not necessary, and thus in breach of Article 10. The company's legitimate reasons for wishing disclosure, namely to prevent further dissemination of the confidential information (other than by publication) and to take action against the source who was presumed to be an employee, were outweighed by the interest of a free press in a democratic society. If journalists are forced to reveal their sources the role of the press as public watchdog could be seriously undermined because of the chilling effect that such disclosure would have on the free flow of information.

Also