Media organizations in third-party intervention for Snowden

Snowden has filed a motion for a declaratory judgment to guarantee that he will not be extradited to the USA during his visit to Norway on 18 November to accept the Ossietzky Prize from Norwegian PEN.

Snowden has shown us a reality we did not know existed. He has endeavored to provide us with conclusive information on issues regarding the regulatory framework of democracy and the media, and has contributed to safeguarding an informed and open dialogue on Norwegian and international relations.

The Norwegian Union of Journalists (NJ) is a union for editorial staff, including management and freelancers, working in the journalism industry. The Association of Norwegian Editors (NR) is a nationwide union of editorial staff from all types of media. The Norwegian Press Association (NP) is a joint body representing the Norwegian media (the printed press, radio, and TV and internet publications) and addressing ethical and editorial issues within the profession. All three organizations have the protection of freedom of expression and information enshrined in their articles of incorporation.  

The press’ work within freedom of expression and information includes, among other things, the protection of sources and whistleblowers. These two forms of protection are closely related because people who sound the alarm about blameworthy or illegal activity in society often do so via the press, just as the plaintiff Edward Snowden did.

It is the social responsibility of the press to act as public watchdog: to uncover illegality, misuse of power or other blameworthy activities in society, not least when such things are being undertaken by public authorities. This duty is enshrined in law and protected by Section 100 of the Constitution of Norway, and, in among others, Article 10 of the European Convention on Human Rights (ECHR), something which is reflected and confirmed in the case-law of both the Supreme Court of Norway and the European Court of Human Rights.

Snowden has not only acted as whistleblower in relation to the above-mentioned activities. The situations about which he has, through his whistleblowing, given the press the opportunity to inform the public, by their very nature revolve around the press’ protection of sources and thus freedom of information, on which the press is dependent. A free press that is able to carry out its obligations to society is dependent on freedom of communication and the right to confidential, private communication. The comprehensive, secret, mass surveillance of electronic communication that has been uncovered by Snowden, threatens the very basis for the genuine protection of sources, and thus one of the central pillars that enable the press to fulfill its role in society. 

 - It is worth noting that Edward Snowden did not choose to spread the information in unedited form directly via the internet, but that he carefully selected a serious news desk with a responsible editor, whom he knew would handle the material in a professional manner, such that he did not reveal more information than he believed was necessary, says Arne Jensen, secretary-general of the Association of Norwegian Editors.

- The Norwegian Union of Journalists has, along with NR and NP, has long been working to achieve a better level of protection for whistleblowers. Now that we are to act as intervention parties, we see this as a natural part of working towards better protection for whistleblowers on an international level too, says the president of the Norwegian Union of Journalists, Thomas Spence.

- The Snowden case is a wake-up call that international relations also have a bearing on Norway and Norwegian journalism. The Panama Papers is further proof of this. Snowden is now asking for better protection for whistleblowers. The anonymous source behind the Panama Papers is asking for the same thing. We believe that is natural for us to get involved in this case to enable Snowden to safely visit Norway and accept a prize for the information he has provided us with, says Kjersti Løken Stavrum, secretary-general of the Norwegian Press Association.

Attorney Jon Wessel-Aas from Bing Hodneland law firm is legal representative for the three organizations in this case.

Oslo, 23 May 2016