REAKCIA IPI NA KAUZU
TOM NICHOLSON
IPI Headquarters: Spiegelgasse 2/29 I 1010 Vienna I Austria
T: + 43 1 512 90 11 I F: + 43 1 512 90 14 I E: ipi@freemedia.at I W: www.freemedia.at
Re: Slovakian Journalist Tom Nicholson
To whom it may concern:
The International Press Institute (IPI) holds the position that investigative journalist Tom
Nicholson is a “journalist” who is entitled to protection of information sources and content
under Slovak and international law.
Mr. Nicholson currently publishes news stories on a regular basis online athttp://nicholson.blog.sme.sk/, a website maintained by the daily newspaper SME. He has
been active as a journalist in Slovakia for nearly 20 years. Mr. Nicholson is a former
editor-in-chief and publisher of The Slovak Spectator who has also run an investigative
program at SME. He currently publishes news related to the government of Slovakia,
particularly accounts of alleged corruption and misuse of power involving security
services, military intelligence and other authorities.
IPI understands that authorities in Slovakia are currently seeking to force Mr. Nicholson to
disclose the source(s) of information he included in an article he authored on the
background of Slovakia’s attorney general, Jaromir Ciznar, whose appointment in July
was the subject of controversy. That article was posted online at thehttp://nicholson.blog.sme.sk/ website. When Mr. Nicholson declined to identify the
source of his information, authorities reportedly demanded that he “prove” that he is a
journalist entitled to protect source confidentiality.
Given his longstanding practice of journalism as an investigative reporter, a practice in
which he continues to engage to this day online, IPI considers Mr. Nicholson to be a
journalist who is entitled to protection under Slovakia’s Press Act of 2008. Accordingly,
IPI believes that any attempt to force him to disclose his source(s) violates the Act.
Article I, Section 4 of the Act, “Protection of information sources and content”, in
subsection 1 prohibits publishers of periodicals from disclosing the identity of a source of
information acquired for publication where the publisher promised to keep that source’s
identity confidential. Subsection 2 defines a periodical as a “newspaper, magazine or
other publications issued under the same title with the same area of content and a unified
graphic design at least twice in the calendar year”. Subsection 3 provides that the
obligation in subsection 1 also applies to the publisher’s employees as well as to anyone
who provides such information to the publisher “under a commercial or civil contractual
relationship ... in which the person undertakes to provide information as defined in
subsection 1 to the publisher professionally”.
Here, SME is undoubtedly a periodical to which the Press Act’s confidentiality obligation
applies. Further, that obligation extends to Mr. Nicholson by virtue of his relationship
with SME, namely, the agreement pursuant to which he provides content for SME’s online
platform. Mr. Nicholson regularly publishes news reports in SME’s online publication on
the same area of content – news related to alleged corruption and misuse of power by
government officials. Additionally, a review of the platform shows approximately 19
articles appearing under Mr. Nicholson’s professional by-line in the past year.
_______________________________________________
IPI Headquarters: Spiegelgasse 2/29 I 1010 Vienna I Austria
T: + 43 1 512 90 11 I F: + 43 1 512 90 14 I E: ipi@freemedia.at I W: www.freemedia.at
Finally, Mr. Nicholson is also entitled to protection under the European Convention on
Human Rights, which in Article 10 protects the right to freedom of expression as well as,
among others, the right to prevent the disclosure of information received in confidence.
IPI interprets this right broadly. In our opinion, an individual such as Mr. Nicholson – who
has engaged in investigative reporting on a regular basis and continues to do so, who has
publicly identified himself as a journalist for nearly two decades, and who has devoted
his professional career to the practice of journalism – must be considered a “journalist”.
As such, he is entitled to legal protections safeguarding the confidentiality of his sources.
Sincerely,
The International Press Institute (IPI)
