Breach of confidence

Question 1

clause 14 editor’s code

Answer 1

journalists have a ‘moral obligation’ to protect confiential sources

Question 2

clause 10 editor’s code

Answer 2

discourages journalists from gaining material using subterfuge

Question 3

breach of confidence must have

Answer 3

• ‘necessary quality of confidence’
• been imparted in circumstances imposing obligation of confidence
• unauthorised use of information detriments that person

Question 4

‘quality of confidence’

Answer 4

ideas/info obtained in confidential circumstances safeguarded by law of breach of confidence

Question 5

defying a breach of confidence injunction

Answer 5

treated as contempt and can be fined

Question 6

court remedies

Answer 6

injunction, damages, account of profits, orders to reveal sources

Question 7

section 10 contempt of court act 1981

Answer 7

gives protection to public interest in allowing journalists to protect their sources

Question 8

section 12 human rights act 1998

Answer 8

courts must consider public interest and freedom of expression when considering injunctions

Question 9

defences

Answer 9

• public interest
• if info was trivial/wouldn’t cause detriment
• info was already in public domain