Belgian Unions Secure Annulment of Law Criminalising State Secrets Leaks to Journalists

February 17, 2026 – Belgium –

Media and labour unions in Belgium have successfully challenged and achieved the annulment of a controversial law that would have criminalised the leaking of state secrets to journalists, a major victory for press freedom and protections for whistleblowers. The decision, announced in mid-February 2026, follows sustained legal and civic advocacy that argued the law posed serious threats to investigative journalism and public accountability.

The law in question would have imposed criminal penalties on individuals — including public officials, contract workers, and private citizens — who disclosed classified information to the media, even when such disclosures revealed evidence of government wrongdoing, corruption, or breaches of the public interest. Unions representing journalists and civil servants contended that these provisions were overly broad and could deter legitimate reporting on matters of transparency and government accountability.

In its ruling, Belgium’s Council of State — the country’s highest administrative court — found that key aspects of the law were incompatible with constitutional protections for freedom of expression and press freedom. The court determined that criminalising the sharing of information with journalists could chill investigative reporting and impede the media’s role as a watchdog. It also highlighted that the law lacked clear safeguards that distinguish between harmful disclosures and disclosures made in the public interest.

Unions, including the General Federation of Belgian Labour (ABVV/FGTB) and the Union of Journalists (SNJ) welcomed the decision as a “landmark affirmation of democratic rights,” arguing that investigation and reporting on state conduct should not be inhibited by punitive measures. They said the ruling reinforces legal recognition that journalists serve a vital function in exposing abuses, informing the public, and supporting government transparency.

Press freedom advocates also pointed to broader European legal standards that emphasise protections for whistleblowers and transparency in democratic governance. Critics of the original legislation had warned it risked aligning Belgium with more restrictive legal frameworks abroad that criminalise leaks and hinder media freedoms.

The annulment has drawn praise from media rights organisations across the continent, which see the outcome as reinforcing the importance of legal safeguards that balance national security with the indispensable role of journalism. Lawmakers and civil society figures alike are now calling for constructive dialogue on how best to protect genuinely sensitive information while preserving fundamental freedoms and ensuring that public interest reporting is not unduly penalised.

Reference –

Belgium: Unions win annulment of law criminalising leaks of state secrets to journalists