Freedom of the Press and Protection of Confidential Information in the ECHR's Case-Law

The press is considered a privileged beneficiary of freedom of expression due to the qualification of the European Court of Human Rights as an essential element for the democratic society and the restrictive analysis of the national interferences in its exercise. The Court's preference for the media against other fundamental rights protected by the European Convention on Human Rights is not an absolute one as the relative character of free speech is operating in this case also. There is no clear theory regarding the necessity to protect confidential information which is an express limit on the freedom of expression. Regarding the necessity to protect confidential information there is no clear theory as there are different views within the Court. This paper aims to identify the guidelines for interpretation in this matt er and if they are uniformly applied.