Journalists in Belgium can no longer be prosecuted for possessing a state secret. On 29 January 2026, the Belgian Constitutional Court annulled a provision allowing prison sentences for journalists receiving confidential information such as state secrets. The European Federation of Journalists (EFJ) joined its Belgian affiliates, the Association des Journalistes Professionnels (AJP) and the Vlaamse Vereeniging van Journalisten (VVJ) in welcoming the ruling.
The provisions were part of the Penal Code reform adopted in February 2023, which expanded the definition of “state secret” and criminalised their unauthorised receipt, including by journalists who might obtain – or merely become aware of – confidential information in the course of their work. Journalists were facing prison sentences of three to five years.
In 2024, the AJP, the VVJ, together with the human rights organisation LDH, challenged this provision along with two others, arguing that their vague wording could expose journalists to disproportionate penalties and restrict access to information of public interest.
While the Court recognised that the absence of any requirement of specific intent posed a serious risk to the work of journalists, it upheld the two provisions concerning the definition of “state secret” and the rules on their transmission, reproduction, and disclosure.
Jil Theunissen, head of legal service at AJP, said: “While we welcome the fact that journalists can no longer be prosecuted for receiving information considered to be state secrets, we nevertheless remain vigilant. Given the significantly broadened definition of state secrets under the new penal code, a range of situations of direct public interest could fall under this definition – for example, the Nethys affair or Qatar Gate.”
“Moreover, there is a risk that sources will be discouraged from sharing information with the press. We will continue to work to ensure that journalists can continue to receive and disseminate information of general interest on various topics as freely as possible,” added VVJ General Secretary Charlotte Michils.
Source: EFJ
