"
There is no freedom of the press without the secrecy of sources,
" pleaded Tuesday, before the Metz Court of Appeal, the lawyer of journalist Édouard Perrin opposed to the Luxembourg audit firm PWC who had seized the personal documents of an employee to silence him.
Read also: LuxLeaks: sentence suspended for whistleblower Antoine Deltour
In May 2012, France 2 broadcast an issue of the investigative journalism program Cash Investigation about tax evasion practices implemented in Luxembourg for the benefit of multinationals, a case known as Luxleaks.
PWC had requested and obtained an order from a summary judge in Metz to search the French home of the journalist's source, Raphaël Halet, an employee of PWC, then on sick leave.
His computer and his emails exchanged with the journalist had been seized.
"
It is unacceptable that one way or another, we violate the protection of sources
", reinforced by the law of January 4, 2010, said Me Fiodor Rilov, the journalist's lawyer.
In February 2018, at first instance, the Metz court dismissed Mr. Perrin, who requests the annulment of all the seizures.
The judge considered that a company was legitimate to act to prevent the dissemination of documents that it considers confidential, even if their publication is in the general interest.
In addition, the judge considered that the journalist had no interest in acting and ordered him to pay 3000 euros in legal costs.
Advocate General Christelle Dument has taken over the arguments of the first instance.
In his eyes, in this case, "
the protection of sources is not at stake
" because Mr. Perrin waited three years to act and that Mr. Halet did not apply to the European Court of Human Rights .
However, in this case, Mr. Halet, condemned definitively by the Luxembourg justice to six months in prison and 1000 euros of fine for “
theft, computer fraud and money laundering
” seized in 2018 the ECHR to be recognized the status of launcher alert.
The ECHR accepted his case on February 11, 2019 and will deliver its decision later.
Read also: LuxLeaks: Antoine Deltour recognized as a whistleblower by the courts
As for Mr. Perrin, he explained that he brought his action against PWC only after the termination of the proceedings against him in Luxembourg by the court of appeal which released him.
"
PWC was legitimate
" to act to "
stop the disclosure of documents
", insisted Me Jacques Bettenfeld for PWC, stressing that it was a "
kind of preventive action
".
The appeals court will deliver its judgment on March 25.