ABSTRACT

This chapter examines the competing interests involved in the protection of sources, and the means evolved in Dutch law of dealing with the dilemmas they pose. The advent of proactive policing and the development of investigative journalism have made the problem of the protection of journalistic sources particularly pertinent. There are several situations in which the problem of protecting journalistic sources may arise. The information the journalist seeks to conceal may be necessary in order to arrive at the truth in a criminal case: the source may be a suspect or have information on a suspect or journalistic material may reveal other information relevant to a criminal offence or future criminal offences. Media profit and journalistic prestige have been important factors in changing the nature of crime reporting in the Netherlands. A Bill of law is being debated in the Netherlands which proposes to bring Dutch law into line with the European Convention on Human Rights.