Journalist’s Privilege - Focusing on the Decisions of U.S. Supreme Court and the Decisions of the European Court of Human Rights
Date Issued
2014
Date
2014
Author(s)
Chang, Ting-Wei
Abstract
There is no journalist’s privilege in Code of Criminal Procedure of R.O.C. yet. Although Article 182 of Code of Criminal Procedure is about the protection for certain people having the right to refuse to testify during criminal procedure based on their careers, journalists are not included. Besides the scholars and the judicial decisions of the courts in Taiwan generally contend Article 182 of Code of Criminal Procedure only protects those people whose jobs are listed in that article. Therefore, journalists have no privilege under Article 182 of Code of Criminal Procedure.
PQI case（勁永案） which occurred in 2005 was the first judicial decision about a journalist fined because of refusing to disclose his source. But in the end, all the judges who had ever heard the case considered the journalist in PQI case had no privilege because there was no law to protect him. In order to solve such a problem, several bills that gave journalists privilege were introduced by legislators, but all failed eventually. Lately, Justin Li’s scandal（李宗瑞事件） happened in 2012, and some reporters were summoned by the police to disclose their sources, which showed whether or not to give reporters privilege is still a very important issue in our country even until nowadays.
Firstly, this thesis compares the judicial decisions among three different countries/areas which embrace the United States, European Court of Human Rights, and Taiwan.
Secondly, the essentials of the freedom of speech and the freedom of the press are listed and compared with. Then, it is discussed that under which freedom above journalists’ privilege is protected.
Thirdly, with the coming of “digital convergence”, Taiwan too requires to define the definition of “who is a journalist?” in the age of web 2.0. For this reason, this thesis goes on discussing who the journalist is in the age of web 2.0, whether or not “every kind” of journalist could assert that he owns the privilege not to disclose his source, and some other relative issues.
Finally, the thesis would follow all the conclusions above and give some suggestions which include the recommended bill of journalists’ privilege, the boundaries the Legislative Yuan need to notice when Legislative Yuan execute its constitutional power to make laws, and some temporary solutions before the law which give journalists privilege have been enacted.
Subjects
新聞自由
新聞記者拒絕證言權
新聞記者定義
數位匯流
正確性
適當性
編輯制度
SDGs
Type
thesis
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