Journalists’ Sources 19th November 2015

Why are Journalists Sources Protected? Investigative journalism relies on information from individuals. Without confidentiality, many sources would simply not be prepared to supply information. Without protection, the safety of some who provide information may be jeopardised. Others whose lives may not be directly threatened, still face the possibility of sanctions such as loss of their job.

Unesco Research – Laws affecting protection of sources Africa – Limited protection legislation Arabian Region – 6 out of 7 introduced mass surveillance provisions Asia Pacific – 18 of 24 countries have weakened protection Europe and North America – 25 out of 38 countries introduced significant changes that weaken protection. Latin America and the Caribbean – 17 out of 20 have introduced new provisions weakening protection. (UNESCO – World Trends in Freedom of Expression and Media Development: Special Digital Focus 2015)

Whistleblowers – Saints or Sinners?

Sandra Haynes Kirkbright (www.dailymail.co.uk)

Sandra Haynes Kirkbright

The Protection of the Information Source Editors Code of Practice: Clause 14 – ‘Journalists have a moral obligation to protect confidential sources of information.’

The case of Nick Martin-Clark Clifford Mckeown Michael McGoldrick

Shield Law Contempt of Court Act 1981 – Section 10 ‘No court may require a person to disclose, nor is any person guilty of contempt for refusing to disclose, the source of information contained in a publication for which he is responsible, unless it be established to the satisfaction of the court that disclosure is necessary in the interests of justice or national security or for the prevention of disorder or crime.’

National Security Secretary of State for Defence v Guardian Newspapers (1985) – the material itself may not be of importance for national security, but the leaker may be. Sarah Tisdall (Picture by Graham Turner)

Interests of Justice X v Morgan Grampian (1991) – William Goodwin fined £5000 Goodwin v UK (1996) – Art 10 breach Ashworth Security Hospital v MGN Ltd (2002) Mersey NHS Trust v Ackroyd (2006) Mersey Care NHS Trust v Ackroyd (2007)

Legislation allowing seizure of material Police and Criminal Evidence Act (PACE) 1984 Various Official Secrets Acts Terrorism Act 2000 Financial Services Act 1986 Serious Organised Crime and Police Act 2005 Criminal Justice Act 1987 Regulation of Investigatory Powers Act 2000