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Confidentiality
and the
Public Interest
Confidentiality
Duty to withhold the names of
sources or information from third parties under certain circumstances
Philosophers claim
confidentiality can be overridden only by other, weightier considerations
Burden of proof is on those who
want to override it
Confidentiality
and the
Public Interest
Confidentiality
Source (who tells)
Information (what is told)
ex. Classified government
documents
ex. Grand jury investigations
Confidentiality
and the
Public Interest
Confidentiality
Learn confidentiality early in
life
Parents teach us value of keeping
secrets
Learn to not break promises
Confidential
Relationships
Confidential relationships arise
in three circumstances
Express promises
Loyalty
Legally
Confidential
Relationships
Express promises
Reporter promises anonymity to
source
Often verbal commitments
May be written
Types of express promises
"Off the record" means
information is not for public release
Sources sometimes mean they
don’t want to be quoted (without attribution)
Confidential
Relationships
Types of express promises
"On background" is an
arrangement where gov’t. officials or other sources brief reporters on matters of
public interest
Source often identified as
"White House aide" or "Pentagon official"
Confidential
Relationships
Loyalty
Feel sense of obligation to stand
by individual or company (ex. James Carville’s book Stickin’: The Case for
Loyalty)
Whistle-blowers secretly
inform the media about employer’s irresponsible behavior to bring about public
pressure
Confidential
Relationships
Recognized by law
Examples include doctor/patient,
attorney/client, priest/penitents
Reporter’s privilege
Many states and courts recognize
a privilege for reporters to maintain confidentiality of sources
Justification for
Confidentiality
Concern for human autonomy
Keeping secrets and feeding
information to others selectively gives us a sense of power
News sources exert sense of power
when they channel confidential information to reporters
Reporters must question motives
of anonymous sources
Obligation to divulge secrets
when crime is about to be committed
Justification for
Confidentiality
Trust
We maintain relationships when we
respect the secrets of others
Trust, keeping promises, and
loyalty are foundations of confidentiality
Justification for
Confidentiality
Prevent harm to others
Personnel decisions can be quite
brutal, so protect the person under fire
Reporters protect sources because
of potential harm
Justification for
Confidentiality
Social utility
Without confidentiality we
wouldn’t be as open with attorneys, doctors, etc.
Journalists would not be as
effective at uncovering crime and bringing it to the public’s attention without
confidentiality
Justification for
Confidentiality
Social utility
Without confidentiality we
wouldn’t be as open with attorneys, doctors, etc.
Journalists would not be as
effective at uncovering crime and bringing it to the public’s attention without
confidentiality
Special Concerns
in Journalism
Branzburg v. Hayes (1972)
Denied constitutional protection
for reporter-source relationship
Reporters must testify before
grand jury and reveal sources
Recent years, this has changed
Lower federal and state courts
recognize reporter’s privilege
Special Concerns
in Journalism
Shield Laws
Statutory privileges designed to
protect reporters from having to reveal confidential sources
In some jurisdictions, privilege
is absolute; other places it is qualified protection
Special Concerns
in Journalism
Shield Laws
Statutory privileges designed to
protect reporters from having to reveal confidential sources
In some jurisdictions, privilege
is absolute; other places it is qualified protection
Special Concerns
in Journalism
Justice Stewart Potter said
government must prove three things in order to force reporters to reveal sources
Probable cause that information
is "clearly relevant to a specific probable violation of law"
Information cannot be obtained by
other means
"Compelling and overriding
need" for the information
© B.L. Yates 2000
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