THE HAGUE, 05/12/09 - Journalists will be given the right to protect their sources. But it will not always apply, the cabinet decided Friday.

Journalists are already allowed to keep silent on their sources under jurisprudence that has evolved. This right will now be anchored in the law. "But protection of sources is no absolute right. It can be overruled if, for example, a more weighty interest such as national security or a very urgent detection interest is at risk. The judge will ultimately decide whether recourse to protection of sources was correctly employed," the cabinet announced Friday.

"In assessing the question of whether recourse to protection of sources is correctly employed, judges can orientate themselves on ethical professional rules of journalists," the cabinet warns. Here, it is of importance whether "a claim by a journalist is properly underpinned, information is checked and confirmed from other sources and whether the requirement of listening to both sides has been applied."

The EU human rights treaty also indicates which interests justify abrogation of the journalist's right to remain silent. "These are, as well as preventing crime and disorders, territorial integrity or public safety, the protection of health and good practices, and national security."

According to critics, the proposed bill could in practice weaken journalists' right to protect their sources compared with the present situation. Most lawyers and MPs however first want to study the proposal further.