Sürek v. Turkey (No. 2), No. 24122/94, ECtHR (Grand Chamber), 8 July 1999

Publication on a review of the identity of officials appointed to fight terrorism. Unlawful interference with freedom of press.

Art. 10 ECHR

The criminal conviction of the applicant for disclosing the identity of certain public officials appointed to fight terrorism through the publication of a news report on the review of which he was the owner breaches Article 10 ECHR. Although the report could expose the officers to public contempt by suggesting misconducts on their part, the seriousness of the information in question legitimated the publication of it. Indeed, the press has the task of imparting news and ideas of public interest, including divisive ones. Consequently, and also taking into consideration that the information in issue was already in the public domain at the time of the publication of the news report, the interference in the applicant’s right to freedom of expression was disproportionate to the aims pursued by the Government, namely the protection of the officers against terrorist attacks.