In addition to this clause, the initial agreement of the three journalists of the dismissed future provided, in exchange for compensation (the amount of which must remain secret) other “more classic” clauses such as a clause of non-competition and confidentiality. Principles found in Belgian law.
Thus, theArticle 17 of the 1978 law on employment contracts provides for an obligation, “both during the contract and after the cessation of it“, Not to violate business secrets or to engage or cooperate with any act of unfair competition in particular. “”There are already unlimited silence obligations after the end of the contract, but they are marked by law“Explique Martin Simon.
Vincent Chapoulaud, head of the media unit of the Superior Audiovisual Council (CSA), stresses that “cOncrely, it is mainly a question of preventing an employee worker from being able to make free comments publicly denigrating his employer“Before adding that in fact,”Freedom of expression may prevail in certain cases where a salaried worker intends to denounce illicit practices within the company interesting a question of general interest. In such a case, the case law is found in Belgian courts and courts sanctioning dismissals for serious reasons when these were decided in retaliation of the information communicated to the public.“
In Belgium, freedom of the press, guaranteed by article 25 of the Constitution, takes precedence over these obligations, explains Bernard Mouffe, lawyer specializing in media law. According to him, unlike the Law of freedom of the press of 1881 in FranceBelgian journalists “are extremely [donc] well -protected“. In addition, article 9 of the code of journalism principles specifies that the secret “public and private affairs ” cannot harm this freedom.
Vincent Chapoulaud specifies that “The degree of protection of freedom of expression will depend on several parameters, including the profession exercised by the author of quarreled communication, the authenticity of the information communicated, the subject processed (question of general interest)“.