His Excellency Mr. Lech Walesa
President of the Republic of Poland
Office of the President
Ul. Wiejska 4/8
00-902 Warsaw
Poland
Vienna, 26 January 1995
Your Excellency,
The International Press Institute (IPI) is deeply concerned about the threat to press freedom in Poland posed by a recent Supreme Court decision that could force journalists to reveal their sources whenever this is requested by prosecutors or judges, or else face fines and prison sentences.
The Supreme Court’s decision of 19 January 1995 concerned the case of Mr. Waclaw Bialy, editor of the Lublin edition of the daily newspaper Gazeta Wyborcza. Mr. Bialy faces two weeks in prison and a fine for refusing to reveal the name of a contributor after he was ordered to do so by a regional court.
Although Mr. Bialy based his refusal to identify his source on Poland’s press law, which guarantees that journalists can respect the confidentiality of sources except in cases of treason, espionage and murder, the Supreme Court judges ruled that the penal code takes precedence over the press law and that the editor would have to obey. We understand that Mr. Bialy has stated that he would rather go to jail than disclose his source.
IPI believes that one of the fundamental elements of journalism is the right to withhold a source of information. Without the guarantee of confidentiality, sources will no longer feel able to disclose matters of public interest and the press will not be able to effectively carry out its role in exposing all abuses of power.
IPI, representing publishers, editors-in-chief and leading journalists from newspapers, magazines, broadcasting organisations and news agencies in 89 countries, strongly urges that the Supreme Court revise its decision, that the journalist’s right to protect the confidentiality of sources is respected, and that this right is taken into consideration when drafting the new penal procedures code.
We thank you for your attention.
Yours sincerely,
Johann P. Fritz
Director
CC:
His Excellency Mr. Wlodzimierz Cimoszewicz
Minister of Justice
Ministry of Justice
Al. Ujazdowskie 11
Warsaw
Poland