WIEDER AND GUARNIERI v. THE UNITED KINGDOM JUDGMENT 106. Article 10 provides as follows: “1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.” 107. In Weber and Saravia (cited above, §§ 143-46), in the context of strategic interception (which was a pre-cursor of bulk data interception), the Court held that legislation permitting a system for effecting secret surveillance struck at the first applicant’s right, in her capacity as a journalist, to freedom of expression as guaranteed by Article 10 § 1 of the Convention. The applicant communicated with persons she wished to interview on subjects which were also the focus of strategic monitoring. According to the Court, there was a danger that her telecommunications for journalistic purposes might be monitored and that her journalistic sources might be either disclosed or deterred from calling or providing information by telephone. For similar reasons to those set out in respect of Article 8, the transmission of data to other authorities, their destruction and the failure to notify the first applicant of surveillance measures could serve further to impair the confidentiality and protection of information given to her by her sources. 108. The applicants in the present case do not claim to be journalists. Although the first applicant claims to have worked for news organisations (see paragraph 6 above), he has not specified the nature of his work for those organisations. The second applicant claims to have published extensively on privacy and surveillance with Der Spiegel and The Intercept (see paragraph 7 above) but he does not claim that this publishing work required him to communicate with sources, or that there was any danger that those sources could be disclosed or deterred from providing information by virtue of the bulk interception regime. 109. In fact, in their application to the Court the applicants did not make any arguments under Article 10 of the Convention above and beyond those made under Article 8. 110. Consequently, insofar as the applicants seek to argue that a separate issue arises under Article 10, based on the nature of their work, which is distinct from the violation already found in respect of Article 8, the Court does not consider that they have demonstrated that they were victims of the alleged violation since they have not shown that they were communicating for journalistic purposes (see, for example, Akdeniz and Others v. Turkey, nos. 41139/15 and 41146/15, §§ 73-75, 4 May 2021). Although the IPT 31

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents