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

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

Part 1: Overview 1. Journalists and their confidential sources 2. Free societies and the struggle for freedom of communication Part 2: Ethics Codes And Law 3. Journalist-source confidentiality and professional practice codes 4. Journalist-source confidentiality and the law Part 3: Terminology, Minefield, Balancing Interests, Reforms 5. Threshold matters 6. The anonymous sources minefield 7. Balancing competing interests 8. Contemplating the way forward Part 4: Conclusion 9. The way ahead

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 know" and freedom of expression frameworks; and explores solutions and reforms. The book discusses key Australian and international source protection ethics rules, statutes, court cases, law enforcement actions, and case studies. It highlights weakness in journalists' professional practice codes governing confidentiality obligations; discusses inadequate journalistic appreciation of the importance of establishing clear terms and conditions underpinning confidentiality obligations; and identifies shortcomings in the law governing source protection. The book argues that despite source protection being widely recognised as an important ideal, source protection is under sustained assault, thereby undermining public access to information, and democracy itself. The work focusses on Australia but takes into account source protection in the United Kingdom, the United States, Canada, and New Zealand. This timely contribution to the global discussion on the subject will greatly interest journalists, scholars, educators, and students especially in the areas of media law and policy, journalism, media and communication studies, and public relations; the legal fraternity; and anyone who communicates with journalists.

OCLC-licensed vendor bibliographic record.