A journalist's correspondence with a source, their telephone, their messaging - all are in the field of this article. Article 22 establishes a two-sentence guarantee and a detailed regime of exceptions.
The Text of the Article
Article 22 (Amended: 3/10/2001-4709/7) - Everyone has freedom of communication. The secrecy of communication is fundamental.
The Regime of Exceptions: The Second Paragraph
The second paragraph requires first a ground and then a decision before secrecy may be touched.
The Grounds
- National security
- Public order
- The prevention of the commission of offences
- Public health
- The protection of public morals
- The protection of the rights and freedoms of others
Unless there is a decision of a judge duly given on one or more of those grounds, and, in cases where delay is prejudicial, unless there is a written order of the authority empowered by law on those same grounds, communication may not be impeded nor its secrecy touched.
Two Clocks
| Stage | Period | Consequence |
|---|---|---|
| The decision of the competent authority is submitted for the judge's approval | Within 24 hours | - |
| The judge announces their decision | Within 48 hours | Otherwise the decision is lifted of its own accord |
The Third Paragraph
The public institutions and organisations to which the exceptions will apply are stated in the law. So which institution may use the exception is also determined by law; the administration may not extend it itself.
What It Means for a Journalist
A separate provision on protecting the identity of a source is in Art. 12 of Press Law No. 5187. We cover the detail in the source protection guide.
Summary
Art. 22 of the Constitution recognises freedom of communication and treats the secrecy of communication as fundamental. Touching it requires a decision of a judge duly given on one of six grounds; in cases where delay is prejudicial, a written order of the authority empowered by law. The authority's decision is submitted for the judge's approval within 24 hours; if the judge does not announce a decision within 48 hours the decision is lifted of its own accord.