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
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