Page 221 - Law and the Media

11 Protection of Journalistic
Sources

Joanna Ludlam

11.1 Introduction

Of all the valuable commodities cherished by the media, particularly those working as
journalists, a long contact list of reliable sources is one of the most important. The system
by which sources of information and contacts are built up is based on mutual trust and co-
operation. In circumstances where a person provides accurate information on the
understanding that he will not be compromised or named, it is a cardinal rule of journalism
that his identity remains confidential.

However, people who speak to reporters on this basis frequently break a duty of confidence
that they themselves owe to a third party. As a result, the journalistic principle of protecting
sources can sometimes clash with the different principles held by the court.

The outcome of such a clash will vary depending on the circumstances of each case, but
courts have been known to take a hard line. Journalists do not have an absolute privilege
against disclosure like that of lawyers and their clients. The issue of whether a journalist will
be ordered to reveal the identity of his source is a matter of discretion for the judge.

Under the common law, the court was reluctant to force journalists to betray their sources
unless the interests of justice or of the state demanded it. The protection of journalistic
sources is now provided for under Section 10 of the Contempt of Court Act 1981. In addition,
special protection is given to material acquired or created for journalism in circumstances
where the police search for and seize material under Sections 8 and 9 of the Police and
Criminal Evidence Act 1984.

In general, a person will not be compelled to divulge names or other information unless
ordered to do so by a court of law, a Tribunal of Inquiry (set up under the Tribunals of Inquiry
(Evidence) Act 1921) or a Parliamentary Committee. Similarly, a person will not be obliged
to supply information requested by the police because the duty of a citizen does not require
active co-operation. However, a charge of obstruction may follow if the police are
deliberately misled.