Protecting the Press
journalists to protect their sources was a notable victory for the local media.
Mr. Justice Meerabux's ruling held that journalists have a right, as part of the exercise of freedom of speech, not to reveal their sources in court cases.
This right is not absolute, the judge said. In cases of national security, in the prevention of crime and in the interests of justice, journalists can be held in contempt of court if they refuse to identify their sources.
But he also ruled that the identification of the source must be held to be vital to the case. In the case of the Bermuda Fire & Marine case, he ruled that former Royal Gazette journalist David Marchant's refusal to identify his sources was not central to the case.
This is not the place to argue the merits of that part of the decision as the case is ongoing.
But Mr. Justice Meerabux's decision was notable because it affirmed an important right which will go a long way to enabling journalists in Bermuda to continue to seek out the truth without an unreasonable fear of censure or imprisonment.
Some people may question why this is important. They could argue that if a journalist takes the witness stand in a court case and has sworn to tell the whole truth, then he should do so.
But there are many instances where the media can only report the truth by speaking to people whose lives or livelihoods would be damaged if they were publicly identified. A journalist must be bound by his or her word not to identify the source unless given permission to do so.
This is not just a matter of personal or professional integrity; identification of one source would tell other people that promises of anonymity mean nothing when it comes to the crunch.
Mr. Justice Meerabux's ruling will give the local media some comfort that agreeing to protect an informant's identity will not automatically lead to a fine or imprisonment. Some journalists might argue that it does not go far enough and the media should enjoy an absolute right; the merits of that discussion will probably go on for a long time both between journalists and in wider circles.
For now, Mr. Justice Meerabux's decision will go a long way to guaranteeing a free and independent Press in Bermuda and for that, he is to be commended.