Anonymous sourcesand privacy

What’s ethical, what’s legaland how to tell the difference

SPJ Code of Ethics

“Always question sources’ motives before promising anonymity. Clarify conditions attached to any promise made in exchange for information. Keep promises.”

Three flavors of anonymity

• Background– Also called not for attribution

Three flavors of anonymity

• Background• Deep background

– Better for reporting than for publication

Three flavors of anonymity

• Background• Deep background• Off the record

Three flavors of anonymity

• Background• Deep background• Off the record• Always negotiate

Three flavors of anonymity

• Background• Deep background• Off the record• Always negotiate• After-the-fact requests

Three flavors of anonymity

• Background• Deep background• Off the record• Always negotiate• After-the-fact requests

– Importance of information versus future access

Three flavors of anonymity

• Background• Deep background• Off the record• Always negotiate• After-the-fact requests

– Importance of information versus future access– How savvy is the subject of your interview?

Three don’ts

• Don’t use anonymous sources to attack someone’s reputation

Three don’ts

• Don’t use anonymous sources to attack someone’s reputation

• Don’t use anonymous sources if you could get the same information on the record

Three don’ts

• Don’t use anonymous sources to attack someone’s reputation

• Don’t use anonymous sources if you could get the same information on the record

• Don’t use anonymous sources unless you are prepared to go to jail

Questions

• Are readers right to distrust journalism that relies on anonymous sources?

Questions

• Are readers right to distrust journalism that relies on anonymous sources?

• Should news organizations reduce or eliminate use of anonymous sources?

Questions

• Are readers right to distrust journalism that relies on anonymous sources?

• Should news organizations reduce or eliminate use of anonymous sources?

• Is freedom of the press threatened by recent court decisions that reporters may not protect their sources?

Legal considerations

• Branzburg v. Hayes (1972) found no right to protect sources

Legal considerations

• Branzburg v. Hayes (1972) found no right to protect sources

• First Amendment protects all of us, not just journalists

Legal considerations

• Branzburg v. Hayes (1972) found no right to protect sources

• First Amendment protects all of us, not just journalists

• Three-part balancing test:– Relevant

Legal considerations

• Branzburg v. Hayes (1972) found no right to protect sources

• First Amendment protects all of us, not just journalists

• Three-part balancing test:– Relevant– No alternative

Legal considerations

• Branzburg v. Hayes (1972) found no right to protect sources

• First Amendment protects all of us, not just journalists

• Three-part balancing test:– Relevant– No alternative– Public interest

The tide has shifted

• Branzburg decision came during the heroic age of journalism

The tide has shifted

• Branzburg decision came during the heroic age of journalism

• Public came to distrust the media, and that attitude affected the courts

The tide has shifted

• Branzburg decision came during the heroic age of journalism

• Public came to distrust the media, and that attitude affected the courts

• An absolute shield for journalists would probably be unconstitutional

Privacy

A few considerations

Four types of privacy law

• Intrusion– Highly offensive to a reasonable person

Four types of privacy law

• Intrusion• Publicizing private facts

– Highly offensive to a reasonable person– No legitimate public interest

Four types of privacy law

• Intrusion• Publicizing private facts• False light

– “Libel Jr.”– Not necessarily untrue– “Actual malice” applies

Four types of privacy law

• Intrusion• Publicizing private facts• False light• Commercial appropriation

Overriding themes

• First Amendment protects all of us, not just professional journalists

Overriding themes

• First Amendment protects all of us, not just professional journalists

• Protections are strongest for publishing or broadcasting

Overriding themes

• First Amendment protects all of us, not just professional journalists

• Protections are strongest for publishing or broadcasting

• Protections weakest for news gathering– Open-meeting and public-record laws– Obligation to testify– Prohibition on intrusion