The Origin: What are the foundations of the reporter’s privilege? A legislative and case law study of Peru and the Inter-American Human Rights System

Authors

  • Andrés Calderón López Universidad del Pacífico, Perú
  • Jacqueline St. Laurent Universidad del Pacífico, Perú

Abstract

In this article, the authors analyze what the basis is for the reporters’ right to protect the confidentiality of their sources in Peru and in the Inter-American Human Rights System. The authors argue that the origin of this right does not lie with the protection of professional secrecy, but in the freedoms of information and of the press. Consequently, journalists, and not the sources of information, are the holders of this right. Although the study starts with the Peruvian case, its observations can be exported to other legal systems, especially where journalists are exposed to information requirements and state raids.

Keywords:

Freedom of the Press, Human Rights, Professional Privilege, Reporter’s Privilege, Inter-American Human Rights System.