This document discusses the ethical and legal issues surrounding the use of anonymous sources in journalism. It outlines three types of anonymity that can be promised to sources - background, deep background, and off the record. Reporters are advised to always question a source's motives and clarify any conditions before promising anonymity. Legally, there is no absolute shield for journalists to protect anonymous sources. While the First Amendment protects free speech, courts have found reporters can be compelled to reveal confidential sources in some cases if the information is relevant, there are no alternatives, and it is in the public interest. Privacy laws also place some restrictions on newsgathering to prevent intrusion, publishing private facts, or putting sources in a false light.
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?
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
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?
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
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