anonymous sources ethics and law. spj code of ethics “always question sources’ motives before...
TRANSCRIPT
![Page 1: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/1.jpg)
Anonymous sources
Ethics and law
![Page 2: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/2.jpg)
SPJ Code of Ethics
“Always question sources’ motives before promising anonymity. Clarify conditions attached to any promise made in exchange for information. Keep promises.”
![Page 3: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/3.jpg)
Three flavors of anonymity
• Background– Also called not for attribution
![Page 4: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/4.jpg)
Three flavors of anonymity
• Background
• Deep background– Better for reporting than for publication
![Page 5: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/5.jpg)
Three flavors of anonymity
• Background
• Deep background
• Off the record
![Page 6: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/6.jpg)
Three flavors of anonymity
• Background
• Deep background
• Off the record
• Always negotiate
![Page 7: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/7.jpg)
Three don’ts
• Don’t use anonymous sources to attack someone’s reputation
![Page 8: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/8.jpg)
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
![Page 9: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/9.jpg)
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
![Page 10: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/10.jpg)
Questions
• Are readers right to distrust journalism that relies on anonymous sources?
![Page 11: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/11.jpg)
Questions
• Are readers right to distrust journalism that relies on anonymous sources?
• Should news organizations reduce or eliminate use of anonymous sources?
![Page 12: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/12.jpg)
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 developments such as the BALCO case?
![Page 13: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/13.jpg)
Legal considerations
• Branzburg v. Hayes (1972) found no right to protect sources
![Page 14: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/14.jpg)
Legal considerations
• Branzburg v. Hayes (1972) found no right to protect sources
• First Amendment protects all of us, not just journalists
![Page 15: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/15.jpg)
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
![Page 16: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/16.jpg)
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
![Page 17: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/17.jpg)
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
![Page 18: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/18.jpg)
The tide has shifted
• Branzburg decision came during the heroic age of journalism
![Page 19: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/19.jpg)
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
![Page 20: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/20.jpg)
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
![Page 21: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/21.jpg)
Privacy
A few considerations
![Page 22: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/22.jpg)
Four types of privacy law
• Intrusion– Highly offensive to a reasonable person
![Page 23: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/23.jpg)
Four types of privacy law
• Intrusion
• Publicizing private facts– Highly offensive to a reasonable person– No legitimate public interest
![Page 24: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/24.jpg)
Four types of privacy law
• Intrusion
• Publicizing private facts
• False light– “Libel Jr.”– Not necessarily untrue– “Actual malice” applies
![Page 25: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/25.jpg)
Four types of privacy law
• Intrusion
• Publicizing private facts
• False light
• Commercial appropriation
![Page 26: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/26.jpg)
Overriding themes
• First Amendment protects all of us, not just professional journalists
![Page 27: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/27.jpg)
Overriding themes
• First Amendment protects all of us, not just professional journalists
• Protections are greatest for publishing or broadcasting
![Page 28: Anonymous sources Ethics and law. SPJ Code of Ethics “Always question sources’ motives before promising anonymity. Clarify conditions attached to any](https://reader034.vdocuments.net/reader034/viewer/2022052603/56649d135503460f949e7e4d/html5/thumbnails/28.jpg)
Overriding themes
• First Amendment protects all of us, not just professional journalists
• Protections are strongest for publishing or broadcasting
• Protections are weakest for news gathering– Open-meeting and public-record laws– Obligation to testify– Prohibition on intrusion