Friday, 25 October 2019
Protecting sources - a hazardous occupation
Law in Action
Section 10 of the 1981 Contempt of Court Act:
- No court may require a person to disclose, nor is any person guilty of contempt of
court for refusing to disclose, the source of information contained in a publication
for which he is responsible unless it is established to the satisfaction of the court
that it is necessary in the interest of justice or national security of for the
prevention of disorder or crime.
Statutory legal protection for journalists:
- PPC Editors Code (Section 14): journalists have a moral obligation to protect
con dential sources of information.
- Nation Union of Journalists (Section 7): member must protect the identity of
sources who supply info in con dence and material gathered in the course of
their work
- The Charted Institute of Journalists: members will maintain the con dences
agreed with contributors.
Example: Death of Dr David Kelly: 2003 (suicide? - Murder?)
- DK was source of BBC in an allegation that a government dossier had
exaggerated the military threat to UK from Iraq’s weapons of mass destruction
- Led to high pro le inquiry under Lord Hutton
- BBC’s handling of the story and its source led to the reporter Andrew Gilligan’s
and Direct General Greg Dyke’s resignations.
Protection for journals:
- Journals - entitled to some protection against police powers of search & seizure
- Police and Criminal Evidence Act: ‘excluded material’ includes ‘journalistic
material acquired or created for the purposes of journalism’
- Only a circuit judge can give the police permission to seize material through a
court application - this protection is not absolute
1
fi fi fi fi
Protecting sources - a hazardous occupation
Law in Action
Section 10 of the 1981 Contempt of Court Act:
- No court may require a person to disclose, nor is any person guilty of contempt of
court for refusing to disclose, the source of information contained in a publication
for which he is responsible unless it is established to the satisfaction of the court
that it is necessary in the interest of justice or national security of for the
prevention of disorder or crime.
Statutory legal protection for journalists:
- PPC Editors Code (Section 14): journalists have a moral obligation to protect
con dential sources of information.
- Nation Union of Journalists (Section 7): member must protect the identity of
sources who supply info in con dence and material gathered in the course of
their work
- The Charted Institute of Journalists: members will maintain the con dences
agreed with contributors.
Example: Death of Dr David Kelly: 2003 (suicide? - Murder?)
- DK was source of BBC in an allegation that a government dossier had
exaggerated the military threat to UK from Iraq’s weapons of mass destruction
- Led to high pro le inquiry under Lord Hutton
- BBC’s handling of the story and its source led to the reporter Andrew Gilligan’s
and Direct General Greg Dyke’s resignations.
Protection for journals:
- Journals - entitled to some protection against police powers of search & seizure
- Police and Criminal Evidence Act: ‘excluded material’ includes ‘journalistic
material acquired or created for the purposes of journalism’
- Only a circuit judge can give the police permission to seize material through a
court application - this protection is not absolute
1
fi fi fi fi
