The protection of sources, sometimes also referred to as the confidentiality of sources, is a right accorded to journalists under the laws of many countries, as well as under international law. Simply put, it means that the authorities, including the courts, cannot compel a journalist to reveal the identity of an anonymous source for a story. The right is based on a recognition that without a strong guarantee of anonymity, many people would be deterred from coming forward and sharing information of public interests with journalists. As a result, problems such as corruption or crime might go undetected and unchallenged, to the ultimate detriment of society as a whole. International law (also called public international law to distinguish from private international law, i. ...

Examples

The most celebrated^{[citation needed]} instance of the use of an anonymous source is the series of articles by Washington Post reporters Bob Woodward and Carl Bernstein which uncovered the Watergate Scandal, ultimately leading to the resignation of US President Richard Nixon. Woodward and Bernstein relied extensively on information provided by someone known to the world only under the nickname Deep Throat. Only in 2005 did W. Mark Felt, who at the time had been Associate Director of the US Federal Bureau of Investigation, reveal that he was "Deep Throat". ... Bob Woodward Robert Upshur Bob Woodward (born March 26, 1943) is assistant managing editor of The Washington Post. ... Carl Bernstein (left) and Bob Woodward (right)This image is pending deletion. ... The term Watergate refers to a series of events, spanning from 1972 to 1974, that gained its name from burglaries of the headquarters of the Democratic National Committee in the Watergate Hotel in Washington, D.C.. Though then-President Nixon had endured two years of mounting political embarrassments, the court... Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the 37th President of the United States, serving from 1969 to 1974. ... Deep Throat is the pseudonym that was given to a secret source who leaked information about the involvement of U.S. President Richard Nixons administration in the Watergate first break-in and subsequent events that came to be known as the Watergate scandal. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... W. Mark Felt on the set of CBSs Face the Nation in 1976. ... United States is the current Good Article Collaboration of the week! Please help to improve this article to the highest of standards. ... // At present, the FBI has investigative jurisdiction over violations of more than 200 categories of federal crimes and is second to only the United States Marshal Service in terms of law enforcement jurisdiction (although the USMS by practice relegates itself to judicial duties, making the FBI the de-facto lead...

Woodward and Bernstein were not forced to invoke the protection of sources, since the US authorities made no attempt to uncover the indentity of "Deep Throat". An example of the legal operation of the right is the recent case of Bart Mos and Joost de Haas, of the Dutch daily De Telegraaf. In an article in January of 2006, the two journalists alleged the existence of a leak in the Dutch secret services and quoted from what they claimed was an official dossier on Mink K., a notorious criminal. They further alleged that the dossier in question had fallen into the hands of K. himself. A subsequent police investigation led to the prosecution of Paul H., an agent accused of selling the file in question. Upon motions by the prosecution and the defence, the investigative judge in the case ordered the disclosure of the source for the news story, on the grounds that it was necessary to safeguard national security and ensure a fair trial for H. The two journalists were subsequently detained for refusing to comply with the disclosure order, but were released on appeal after three days, on October 30th. The Hague district court considered that the national security interest served by the order was minor and should not prevail over the protection of sources.^[1] De Telegraaf is the largest Dutch daily morning newspaper, with a daily circulation of approximately 800,000. ... 2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ... Arms of The Hague Flag of The city of The Hague. ...

International law

Various authorities in international law point to a recognition that a right to protection of sources is implicit in the right to freedom of expression. Freedom of speech is the right to freely say what one pleases, as well as the related right to hear what others have stated. ...

In Europe, the European Court of Human Rights stated in the 1996 case of Goodwin v. United Kingdom that "[p]rotection of journalistic sources is one of the basic conditions for press freedom ... Without such protection, sources may be deterred from assisting the press in informing the public on matters of public interest. As a result the vital public-watchdog role of the press may be undermined and the ability of the press to provide accurate and reliable information may be adversely affected."^[2] The Court concluded that absent an "an overriding requirement in the public interest", an order to disclose sources would violate the guarantee of free expression in Article 10^[3] of the European Convention on Human Rights. European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by... The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), was adopted under the auspices of the Council of Europe[1] in 1950 to protect human rights and fundamental freedoms. ...

In the wake of Goodwin, the Council of Europe's Committee of Ministers issued a Recommendation to its Member States on how to implement the protection of sources in their domestic legislation.^[4] The Organization for Security and Co-operation in Europe has also called on States to respect the right.^[5] The Palace of Europe in Strasbourg European Flag: used by the Council of Europe and by the European Union The Council of Europe (French: Conseil de lEurope , German: Europarat /ˌɔɪ.ˈro. ... The Organization for Security and Co-operation in Europe (OSCE) is an international organization for security. ...

In the Americas, protection of sources has been recognised in the Inter-American Declaration of Principles on Freedom of Expression^[6], which states in Principle 8 that "every social communicator has the right to keep his/her source of information, notes, personal and professional archives confidential."

In Africa, the African Commission on Human and Peoples' Rights has adopted a Declaration of Principles on Freedom of Expression in Africa which includes a right to protection of sources under Principle XV.^[7] The African Commission on Human and Peoples Rights (ACHPR) is an supranational body tasked with promoting and protecting human rights throughout the African continent. ...

References

1. ^ 'Dutch court releases 2 reporters jailed for refusing to reveal their sources' - International Herald Tribune
2. ^ European Court of Human Rights decision in Goodwin v. UK
3. ^ Article 10 of the European Convention on Human Rights
4. ^ Recommendation No. R (2000)7 of the Committee of Ministers to Member States on the right of journalists not to disclose their sources of information
5. ^ Concluding Document of the 1986 Vienna Meeting of Representatives of the Participating States of the Conference of Security and Co-operation in Europe
6. ^ Inter-American Declaration of Principles on Freedom of Expression
7. ^ Declaration of Principles on Freedom of Expression in Africa

External links

• Amicus Curiae brief in Goodwin v. United Kingdom, providing an overview of European domestic law on protection of sources - ARTICLE 19 and Interights