What's ethical, what's legal and how to tell the difference

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

24. Privacy
A few considerations

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