The Attorney General of the Nation Francisco Barbosa Delgado signed Directive 003, “By means of which guidelines are given regarding interviews and testimonial evidence in criminal proceedings”, an unpublished document that aims to defend freedom of the press in the country. In it, he addressed the professional secrecy of journalists in relation to criminal investigations, establishing the following guidelines:
Both the judicial police and the prosecutors must have special consideration and respect in relation to the professional secrecy of journalists, to guarantee that the communicator can have better access to news sources and that citizens can access information of public interest.
In principle, and as a general rule, it is constitutionally prohibited for prosecutors to require a journalist to give an interview or testimony in relation to information provided by their sources, while the Political Constitution guarantees the exercise of freedom of the press.
It is possible to subpoena journalists as witnesses, but with strict constitutional limitations.
Prosecutors will refrain from ordering any investigative activity that puts journalistic secrecy at risk, including inspection of the workplace, the media outlet or any other place where journalistic information rests.
The Directive echoes the provisions of Article 13 of the American Convention on Human Rights, “Everyone has the right to freedom of thought and expression. This right includes the freedom to seek, receive, and disseminate information and ideas of all kinds, regardless of borders, whether orally, in writing, in printed or artistic form, or by any other method of their choice.
It is important to note that the Prosecutor’s Office will continue to comply with article 20 of the Political Constitution of Colombia, which reads: “Everyone is guaranteed the freedom to express and disseminate their thoughts and opinions, to inform and receive truthful and impartial information, and the to found the mass media. with RSF