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

2. 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

3. 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

4. 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

5. 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

6. 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.

7. 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

8. 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

9. 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 s – along with published journalism that depends on confidential sources.

10. 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

11. 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

12. 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

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