Summary

The protection of confidential or secret media sources is a guarantee for the freedom of the media, which has its constitutional foundation in the freedom of the written word and information. The general aim of protecting sources could be considered to be informing the public of important state and social issues, as well as public control over the execution of public authority.

Protection of sources is not an unrestricted right. The limit is set by the legal rights that are listed in the clause restricting freedom of expression, primarily the interest of administration of justice, which could require the disclosure of the source if it is necessary for determining the truth in a serious criminal matter. In guaranteeing the protection of sources there is an accompanying danger of misusing this right, which is expressed in the inability to check a confidential source, and in the reduction in the objectivity of the information.

Through his analysis of the regulation of protection of sources in Estonia, the author takes the position that protection of sources in Estonia is not in accordance with the Constitution and European standards. The laws on judicial proceedings should stipulate the obligation to disclose confidential media sources, and the bases and procedures for clarifying these sources in other ways. In future changes to the laws on proceedings it is important that the possibilities for electronic surveillance be taken into account, and that these are balanced with appropriate measures, so that the legal protection of sources could fulfil its objective in the current media environment.