JULIE POSETTI @julieposetti University of Wollongong, Australia World Editors Forum/WAN-IFRA

The headlines The legal frameworks that support protection of journalistic sources - at international, regional and country levels - are under significant strain They are increasingly at risk of erosion, restriction and compromise - representing a direct challenge to the established universal human rights of freedom of expression and privacy, one that especially constitutes a threat to the sustainability of investigative journalism. There’s now a need to revise and strengthen these laws - or introduce them where they don’t exist, Acts of journalism should be shielded from targeted surveillance, data retention and handover of material connected to confidential sources

Key findings 1. 84 UNESCO Member States out of 121 studied (69 per cent) for this report demonstrated noteworthy developments, mainly with negative impact, concerning journalistic source protection between 2007 and mid- 2015

Key findings 2. The issue of source protection has come to intersect with the issues of mass surveillance, targeted surveillance, data retention, the spill-over effects of anti- terrorism/national security legislation, and the role of third party internet companies known as ‘intermediaries’ 3. Without substantial strengthening of legal protections and limitations on surveillance and data retention, investigative journalism that relies on confidential sources will be difficult to sustain in the digital era

Key findings 4. Transparency and accountability regarding both mass and targeted surveillance, and data retention, are critically important if confidential sources are to be able to confidently make contact with journalists 5. Journalists are increasingly adapting their practice in an effort to partially shield their sources from exposure, but threats to anonymity and encryption undermine these adaptations

Key findings 6. Where source protection is compromised, the impacts can include: • Pre-publication exposure of journalistic investigations which may trigger cover-ups, intimidation, or destruction of information, • Revelation of sources’ identities with legal or extra-legal repercussions on them, • Sources of information running dry, • Self-censorship by journalists and citizens more broadly.

Impacts on journalism practice “The Snowden Affair turned upside down the work of journalists… It’s harder to speak to people. We really have to go out and meet them. It’s face to face” Zine Cherfaoui, El Watan International Editor “Our reporters who cover national security are consistently experiencing problems in just talking to people in the government, just having any conversation with a reporter, receiving a phone call becomes cause for suspicion” Marty Baron, Exec Editor, The Washington Post “You have to assume that everything you do is being recorded or traced” Gerard Ryle, Director, ICIJ

Recommendations A major output of the study is a 11-point assessment tool for measuring the effectiveness of legal source protection frameworks in the digital era The 11 points were developed through consultation with 31 international experts in media law, freedom of expression/privacy, and investigative journalism practice

Recommendations 1. Individual States need to introduce or update source protection laws 2. To optimise benefits, source protection laws should be strengthened in tandem with legal protections extended to whistleblowers, who constitute a significant subset of confidential journalistic sources 3. Source protection laws need to cover journalistic processes and communications with confidential sources – including telephone calls, social media, and emails – along with published journalism that depends on confidential sources.

Recommendations 4. There is a need to educate journalists and civil society actors in digital safety 5. Journalists, and others who rely on confidential sources to report in the public interest, may need to train their sources in secure methods of contact and information-sharing 6. It is recommended to define ‘acts of journalism’, as distinct from the role of ‘journalist’, in determining who can benefit from source protection laws

Recommendations for news industry action Engage with digital issues impacting on source confidentiality protection, and actively campaign for laws and rules that provide adequate protection Ensure that sources are aware of the digital era threats to confidentiality Explain to the public what is at stake in the protection of source confidentiality, especially in the digital age Help audiences become more secure in their own communications, for example explaining how encryption works, and why it is important to protect communications security Key finding to underpin activism: Acts of journalism should be shielded from targeted surveillance, data retention and handover of material connected to confidential sources

Recommendations for civil society Advocate, for robust source protection frameworks Invest in, and partner with, news publishers and academia to research and develop new tools to aid secure digital communication between journalistic actors and their sources Assist in training and implementation of digital security tools among journalistic actors and whistleblowers Work with UNESCO and other UN actors and Governments to develop complementary whistleblower regimes Assisting in training in digital source protection solutions for both journalists and their sources Key finding to underpin activism: Acts of journalism should be shielded from targeted surveillance, data retention and handover of material connected to confidential sources

FIND IT, READ IT & ENGAGE #PROTECTSOURCES @JULIEPOSETTI Find me on SIGNAL Key finding to underpin activism: Acts of journalism should be shielded from targeted surveillance, data retention and handover of material connected to confidential sources