This lesson covers whether journalists should use anonymous sources and, if so, when. Legal and ethical issues are also discussed.

1. By Prof. Mark Grabowski
markgrabowski.com

3. Anonymity Abound
The Internet has created an explosion of
anonymous information…

4. Journalist’s dilemma
• Journalists shouldn’t just print anything. SPJ Ethics
Code states: “Seek the truth and report it.”
• The reporter’s job is, as fully as possible, to conduct
interviews and seek information on the record.
• However, some people will only share information off
the record.
• Every good reporter wants a scoop, an exclusive story
no one else has. But equally important is a reporter’s
reputation. Can we trust the info?
• Media needs to get facts right. Don’t want to get sued.

5. Anonymous Sources
• What are they?
• Should they be used?
• Do’s and Don’ts
• Legal considerations
• Test your knowledge

6. Definition
• “off-the-record”
• “not for attribution”
• “on background”
• “on deep
background”
• “don’t use my name”
• “double super secret
background”

7. Issue
• Anonymous sources, per se, aren’t bad.
– Some of journalists’ best sources never appear in
their stories, even as an “anonymous source”
– Reporters may use anonymous tipsters to point
them to public records and to on-the-record
sources
• The issue is quoting them in stories.
– e.g., “a source who spoke on the condition of
confidentiality said…”

8. Policies differ
• A poll conducted by the Associated Press and
the AP Managing Editors Association found
that editors at about one in four newspapers
say they never allow the use of anonymous
sources.

9. On the other hand
• Unnamed sources have
played a valuable role in
journalism. From the
Pentagon Papers to
Watergate to the Abu
Ghraib scandal, granting
sources anonymity has
provided the public with a
window to important
information that might
otherwise have gone
unreported.

10. Then again…
• Journalists and media outlets have also gotten
burned by anonymous sources:
– Most O.J. Simpson reporting from unnamed sources
was later deemed inaccurate.
– Newsweek retracted a story based upon an unnamed
source about a Qur'an being flushed down a toilet
that led to riots in the Middle East
– The L.A. Times retracted an article that relied on
anonymous sources and implicated Sean "Diddy"
Combs in the beating of Tupac Shakur
– Unethical journalists sometimes disguise fabrications
using anonymous sources

11. Clamp down on practice
• One study found that large
newspapers' use of
anonymous sources dropped
dramatically between 2003
and 2004. The Project for
Excellence in Journalism found
use of anonymous sources
dropped from 29 percent of
all articles in 2003 to just 7
percent in 2004.

12. What do you think?
• Are readers right to distrust journalism that
relies on anonymous sources?
• Should news organizations reduce or eliminate
use of anonymous sources?

13. Ethics
• SPJ’s Code of Ethics does not forbid using
anonymous sources. But it does offer two
guidelines:
1. Identify sources whenever feasible. The public is
entitled to as much information as possible on
sources' reliability.
2. Always question sources’ motives before
promising anonymity. Clarify conditions attached
to any promise made in exchange for
information. Keep promises.

14. How to decide
• Is the information of overwhelming public
concern?
• There's no reason to use them when someone
is attacking someone’s reputation, or
speculating, or defending an institution, or
even saying something completely innocuous

15. How to decide
• Would speaking on the record put the source
in danger? Get them fired? Risk future access?
• If not, be wary because the source may have
ulterior motives
• SPJ’s Ethics Code warns: “Always question
sources’ motives before promising
anonymity.”

16. How to decide
• Is there no other way to get the essential
information on the record?
• Don’t use anonymous sources if you could get
the same information on the record – from
records or another source.

17. How to decide
• Does the source have verifiable and first-hand
knowledge of the story?
• Even if the source cannot be named, the
information must be proven true.
• It's pretty tough to defend a libel lawsuit
where your primary source for an allegedly
defamatory statement can't be called to the
stand in your defense.

18. How to decide
• Are you prepared for the legal consequences?
• Reporters have gone to jail in increasing
numbers over the last few years to keep
promises they have made to confidential
sources in defiance of a court order.
• Reporters have been pressured and sued for
not revealing anonymous sources.

19. Legal Issues
• Most states, including New York, have a
“shield law” or other protections that give
reporters protection against being forced to
disclose confidential information or sources
• But…
– There is no federal law
– The state laws do not provide unlimited
protection

20. Legal Issues
• Branzburg v. Hayes (1972) found no right to
protect sources
• Three-part balancing test:
– Relevant
– No alternative
– Public interest
• So, a reporter who refuses to reveal his/her
source could go to jail

21. Legal Issues
• If you promise a source anonymity and violate
that confidentiality, you could be sued for
breach of contract
– See Supreme Court ruling in Cohen v Cowles
(1991)

22. Some Tips
• Remember your journalistic values
• Know your newsroom’s policy on anonymous
sources
• Consult your supervisor before offering
anonymity
• Negotiate terms of anonymity
– Protection only until gov’t subpoena
– Describe source as much as possible
– See SPJ Code
• Explain to readers why source is anonymous
• Keep your promises

23. Avoid accidental anonymity
• Provide full names of sources.
• Avoid things like:
– “John said”
– “A waitress said”
• Remember: unnamed sources diminish your
credibility. Avoid gratuitous use of them.