Journalists and confidential sources : colliding public interests in the age of the leak / Joseph M Fernandez.

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 k...

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Bibliographic Details
Main Author: Fernandez, Joseph M. (Author)
Format: eBook
Language:English
Published: Abingdon, Oxon ; New York, NY : Routledge, 2021.
Series:Routledge research in journalism.
Subjects:
Online Access:Click for online access
Table of Contents:
  • Cover
  • Half Title
  • Series
  • Title
  • Copyright
  • Dedication
  • Contents
  • Acknowledgments
  • Part 1 Overview
  • 1 Journalists and their confidential sources: dicing with danger
  • Introduction
  • The age of the leak
  • Freedom of expression, the right to know, and obstacles to information access
  • Threats to journalists' confidential sources
  • High stakes in exposing corruption, crime, wrongdoing, and injustice
  • Conclusion
  • 2 Free societies and the struggle for freedom of communication
  • Introduction
  • United Kingdom
  • United States
  • Attacks on freedom of expression from on high
  • Pushing back against the attacks
  • Leaks and the administration
  • Canada
  • New Zealand
  • Australia
  • Australian Security Intelligence Organisation Act 1979 (Cth)
  • Australian Border Force Act 2015 (Cth)
  • National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 (Cth)
  • Telecommunications (Interception and Access) Act 1979 (Cth)
  • Enforcement actions threatening journalists' sources
  • Maintaining focus on strong, effective accountability
  • Conclusion
  • Part 2 Ethics codes and the law
  • 3 Journalist-source confidentiality practice rules
  • Introduction
  • Ethics codes and claims for professional recognition
  • Widespread use of anonymous sources
  • Ambiguity in journalism practice codes on the use of anonymous sources
  • Other ground rules and the Chatham House Rule
  • Absolute protection or protection with ifs and buts in the codes?
  • The regulatory force of professional practice codes
  • Conclusion
  • 4 Journalist-source confidentiality and the law
  • Introduction
  • The birth of Australian shield law
  • a journalist's "privilege"
  • The patchwork of shield statutes
  • Court's discretion to order disclosure
  • A "privilege" or not?
  • Who or what is a journalist?
  • Loss of protection
  • Ambit claims for protection will not sway the court
  • A fundamental tension
  • The courts' approach in dealing with claims for source protection
  • Australian Broadcasting Corporation v Kane 2020
  • Smethurst v Commissioner of Police 2020
  • Existence of a confidentiality undertaking
  • Implied freedom of political communication
  • Are the shield laws "working"?
  • Shield laws are working
  • Shield laws are not working
  • Conclusion
  • Part 3 Terminology, minefield, balancing interests, reforms
  • 5 Threshold matters
  • Introduction
  • Different types of journalists' communications with contacts or sources
  • More to "sources" than meets the eye
  • Attribution, non-attribution, anonymity
  • On-the-record, off-the-record, on background
  • Anonymous sources and whistleblowers
  • Leaks, leakers, and leaking
  • Conclusion
  • 6 The anonymous sources minefield
  • Introduction
  • Using anonymous sources without losing audience trust
  • Leaks, confidentiality, and political machinations