Journalists And Confidential Sources

This book explores the fraught and widespread reliance by journalists on anonymous sources, whistleblowers and others to whom they owe an obligation of confidentiality. It examines the difficulties afflicting such relationships and explores solutions and reforms.

Journalists and Confidential Sources explores the fraught and widespread reliance by journalists on anonymous sources, whistleblowers, and others to whom they owe an obligation of confidentiality. It examines the difficulties afflicting such relationships; analyses the deteriorating "right to know" and freedom of expression frameworks; and explores solutions and reforms. The book discusses key Australian and international source protection ethics rules, statutes, court cases, law enforcement actions, and case studies. It highlights weakness in journalists’ professional practice codes governing confidentiality obligations; discusses inadequate journalistic appreciation of the importance of establishing clear terms and conditions underpinning confidentiality obligations; and identifies shortcomings in the law governing source protection. The book argues that despite source protection being widely recognised as an important ideal, source protection is under sustained assault, thereby undermining public access to information, and democracy itself. The work focusses on Australia but takes into account source protection in the United Kingdom, the United States, Canada, and New Zealand. This timely contribution to the global discussion on the subject will greatly interest journalists, scholars, educators, and students especially in the areas of media law and policy, journalism, media and communication studies, and public relations; the legal fraternity; and anyone who communicates with journalists.

This Study, which covers 121 UNESCO Member States, represents a global benchmarking of journalistic source protection in the Digital Age. It focuses on developments during the period 2007-2015. The legal frameworks that support protection of journalistic sources, at international, regional and country levels, are under significant strain in 2015. They are increasingly at risk of erosion, restriction and compromise - a development that is seen to represent a direct challenge to the established universal human rights of freedom of expression and privacy, and one that especially may constitute a threat to the sustainability of investigative journalism. --Page 7.

Matt Carlson confronts the promise and perils of unnamed sources in this exhaustive analysis of controversial episodes in American journalism during the George W. Bush administration, from prewar reporting mistakes at the New York Times and Washington Post to the Valerie Plame leak case and Dan Rather's lawsuit against CBS News. Weaving a narrative thread that stretches from the uncritical post-9/11 era to the spectacle of the Scooter Libby trial, Carlson examines a tense period in American history through the lens of journalism. Revealing new insights about high-profile cases involving confidential sources, he highlights contextual and structural features of the era, including pressure from the right, scrutiny from new media and citizen journalists, and the struggles of traditional media to survive amid increased competition and decreased resources.

Shepard examines how subpoenas for newsgathering information have raised both old and new legal and ethical problems for journalists seeking to protect confidential sources. He explores the ethical and legal evolution of journalistic privilege drawing on cases from the 19th century, the First Amendment principle that emerged in the middle of the 20th century, the public policy implications debated in congressional hearings in the 1970s, and the rise and fall of common law protections in the federal courts between 1972 and 2003. He also interviews key journalists and media lawyers in recent privilege cases. In tracing the development of the journalist's privilege from colonial times to the present, Shepard finds a dynamic interaction among journalism ethics, free-press theory, and legal jurisprudence that supports qualified legal protections for journalists.

When Norman Pearlstine—as editor in chief of Time Inc.—agreed to give prosecutor Patrick Fitzgerald a reporter's notes of a conversation with a "confidential source," he was vilified for betraying the freedom of the press. But in this hard-hitting inside story, Pearlstine shows that "Plamegate" was not the clear case it seemed to be—and that confidentiality has become a weapon in the White House's war on the press, a war fought with the unwitting complicity of the press itself. Watergate and the publication of the Pentagon Papers are the benchmark incidents of government malfeasance exposed by a fearless press. But as Pearlstine explains with great clarity and brio, the press's hunger for a new Watergate has made reporters vulnerable to officials who use confidentiality to get their message out, even if it means leaking state secrets and breaking the law. Prosecutors appointed to investigate the government have investigated the press instead; news organizations such as The New York Times have defended the principle of confidentiality at all costs—implicitly putting themselves above the law. Meanwhile, the use of unnamed sources has become common in everything from celebrity weeklies to the so-called papers of record. What is to be done? Pearlstine calls on Congress to pass a federal shield law protecting journalists from the needless intrusions of government; at the same time, he calls on the press to name its sources whenever possible. Off the Record is a powerful argument with the vividness and narrative drive of the best long-form journalism; it is sure to spark controversy among the people who run the government—and among the people who tell their stories.

Edward Snowden's release of classified NSA documents exposed the widespread government practice of mass surveillance in a democratic society. The publication of these documents, facilitated by three journalists, as well as efforts to criminalize the act of being a whistleblower or source, signaled a new era in the coverage of national security reporting. The contributors to Journalism After Snowden analyze the implications of the Snowden affair for journalism and the future role of the profession as a watchdog for the public good. Integrating discussions of media, law, surveillance, technology, and national security, the book offers a timely and much-needed assessment of the promises and perils for journalism in the digital age. Journalism After Snowden is essential reading for citizens, journalists, and academics in search of perspective on the need for and threats to investigative journalism in an age of heightened surveillance. The book features contributions from key players involved in the reporting of leaks of classified information by Edward Snowden, including Alan Rusbridger, former editor-in-chief of The Guardian; ex-New York Times executive editor Jill Abramson; legal scholar and journalist Glenn Greenwald; and Snowden himself. Other contributors include dean of Columbia Graduate School of Journalism Steve Coll, Internet and society scholar Clay Shirky, legal scholar Cass Sunstein, and journalist Julia Angwin. Topics discussed include protecting sources, digital security practices, the legal rights of journalists, access to classified data, interpreting journalistic privilege in the digital age, and understanding the impact of the Internet and telecommunications policy on journalism. The anthology's interdisciplinary nature provides a comprehensive overview and understanding of how society can protect the press and ensure the free flow of information.

This volume revisits what we know about the relationship between journalists and their sources. By asking new questions, employing novel methodologies, and confronting sweeping changes to journalism and media, the contributors reinvigorate the conversation about who gets to speak through the news. It challenges established thinking about how journalists use sources, how sources influence journalists, and how these patterns relate to the power to represent the world to news audiences. Useful to both newcomers and scholars familiar with the topic, the chapters bring together leading journalism scholars from across the globe. Through a variety of methods, including surveys, interviews, content analysis, case studies and newsroom observations, the chapters shed light on attitudes and practices in the United States, United Kingdom, Germany, Australia, Sweden, Belgium and Israel. Special attention is paid to the changing context of newswork. Shrinking newsgathering resources coupled with a growth in public relations activities have altered the source-journalist dynamic in recent years. At the same time, the rise of networked digital technologies has altered the barriers between journalists and news consumers, leading to unique forms of news with different approaches to sourcing. As the media world continues to change, this volume offers a timely reevaluation of news sources.