Anonymous sources and privacy
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This document discusses ethical and legal issues around using anonymous sources in journalism. It outlines three types of anonymity - background, deep background, and off the record - and stresses the importance of always negotiating the terms of anonymity. Legally, the 1972 Branzburg v. Hayes Supreme Court decision found no right to protect sources, though some protections may exist under a three-part balancing test. Privacy laws also place some restrictions on newsgathering to prevent intrusion, publicizing of private facts, or false light portrayals. Journalists must balance First Amendment protections with ethical standards around verifying information and the motivations of anonymous sources.
Anonymous sources and privacy
- 1. Anonymous sources and privacy What’s ethical, what’s legal and how to tell the difference
- 2. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any promise made in exchange for information. Keep promises.”
- 3. Three flavors of anonymity • Background – Also called not for attribution
- 4. Three flavors of anonymity • Background • Deep background – Better for reporting than for publication
- 5. Three flavors of anonymity • Background • Deep background • Off the record
- 6. Three flavors of anonymity • • • • Background Deep background Off the record Always negotiate
- 7. Three flavors of anonymity • • • • • Background Deep background Off the record Always negotiate After-the-fact requests
- 8. Three flavors of anonymity • • • • • Background Deep background Off the record Always negotiate After-the-fact requests – Importance of information versus future access
- 9. 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?
- 10. Three don’ts • Don’t use anonymous sources to attack someone’s reputation
- 11. 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
- 12. 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
- 13. Questions • Are readers right to distrust journalism that relies on anonymous sources?
- 14. Questions • Are readers right to distrust journalism that relies on anonymous sources? • Should news organizations reduce or eliminate use of anonymous sources?
- 15. 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?
- 16. Legal considerations • Branzburg v. Hayes (1972) found no right to protect sources
- 17. Legal considerations • Branzburg v. Hayes (1972) found no right to protect sources • First Amendment protects all of us, not just journalists
- 18. 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
- 19. 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
- 20. 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
- 21. The tide has shifted • Branzburg decision came during the heroic age of journalism
- 22. 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
- 23. 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
- 25. Four types of privacy law • Intrusion – Highly offensive to a reasonable person
- 26. Four types of privacy law • Intrusion • Publicizing private facts – Highly offensive to a reasonable person – No legitimate public interest
- 27. Four types of privacy law • Intrusion • Publicizing private facts • False light – “Libel Jr.” – Not necessarily untrue – “Actual malice” applies
- 28. Four types of privacy law • • • • Intrusion Publicizing private facts False light Commercial appropriation
- 29. Overriding themes • First Amendment protects all of us, not just professional journalists
- 30. Overriding themes • First Amendment protects all of us, not just professional journalists • Protections are strongest for publishing or broadcasting
- 31. 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