Anonymous sources

and privacy
Whats ethical, whats legal
and 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 donts
Dont use anonymous sources to attack
someones reputation
 Three donts
Dont use anonymous sources to attack
someones reputation
Dont use anonymous sources if you could
get the same information on the record
 Three donts
Dont use anonymous sources to attack
someones reputation
Dont use anonymous sources if you could
get the same information on the record
Dont 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