OSCE media representative concerned about trial of Danish journalists for publishing leaked information

VIENNA, 22 November 2006 - The OSCE Representative on Freedom of the Media, Miklos Haraszti, said today that he was concerned about the trial of three Danish journalists charged with publishing classified information.

The journalists, reporters Michael Bjerre and Jesper Larsen, as well as editor Niels Lunde, work for the Danish newspaper, Berlingske Tidende. Based on leaked classified information, they published articles about the amount of information possessed by the Danish government on the existence of weapons of mass destruction in Iraq in 2003. They face a fine or up to two years of prison.

"I consistently said in a number of similar cases that journalists and the media may not be held liable for the possession or publication of leaked information," Mr Haraszti wrote in a letter to Denmark's Director of Public Prosecutions, Henning Fode.

"Only those who actually leaked the information - the officials who gave an oath to protect classified information and who failed to do so - should be held liable for a breach of confidentiality.

"I hope the prosecution will drop the case and will go back to the accustomed Danish standards favourable to investigative journalism," the Representative said.

The official who leaked the documents in question, a colonel of the Danish Defence Intelligence Service, was sentenced in 2004 to four months in prison for disclosing confidential information.

Mr. Haraszti also expressed his surprise about the decision to prosecute the three journalists since the Danish Penal Code recognizes the legitimate public interest as a mitigating factor in cases of disclosure of classified information.

"Prosecuting journalists who are investigating and reporting on issues of public interest will exert a chilling effect on the entire profession, and hamper the role of the media as a watchdog, which is crucial in a democratic society," the Representative said.