European Court of Human Rights: Brambilla and others v. Italy

The legality and acceptability of some controversial practices by journalists was at the heart of a recent case before the European Court of Human Rights. The case concerns the conviction in Italy of three journalists who intercepted radio communications between police officers (carabinieri) in order to arrive quickly at crime scenes and report about them for their local online newspaper. Stressing the notion of responsible journalism and noting that the decisions of the domestic courts had been duly reasoned and had focused primarily on the need to protect national security and prevent crime and disorder, the Court confirms the duty of journalists to comply with domestic law, which prohibits the interception by any persons of communications not addressed to them, including those of law-enforcement agencies. The Court also notes that the penalties ordered by the domestic courts, consisting of the seizure of the radio equipment and the imposition of suspended custodial sentences, were not disproportionate. It emphasizes that the newspaper and the journalists have not been prevented or prohibited from bringing news items to the public's attention.

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