Tajemnica zawodowa dziennikarza i jej ochrona w polskim systemie prawnym

Abstract

This article deals with the issue of journalist secrecy, which within the legal system is treated as professional secrecy. Journalists' professional secrecy is not to be viewed as this professional group's prerogative but rather as its duty. Regulations concerning journalist secrecy are included (including without limitation) in the press law, code of civil procedure, code of criminal procedure, petty offences procedure code and administrative code. In the deliberations one states that a journalist cannot free himself/herself from journalist secrecy. This may only be licensed by a court and solely in the case where it is necessary to secure the benefit of justice administration, and a circumstance may not be ascertained on the basis of other evidence. The licence may relate to the circumstances of certain events but it may not include any data which would enable an identification of the author of press material, letter to the editor or another material of such character if these people reserved their right to anonymity (the so-called right of anonimat). The regulations are not applicable in this context, if the acquired information are relating to most serious crimes against the interests of state and against human life. If a court exempts a journalist from the professional secrecy, he/she may not refuse to testify. In the case of his evasion of this duty, he/she however shall not stand trial for the offence of criminal support. The case is quite different when a journalist appears in court as a defendant. He/she may then breach the journalist secrecy as the exercise of his/her right to be defended.