Confidentially

Question 1

What are the 3 main elements of breach of confidence?

Answer 1

1- information has to be confidential - quality of confidence

2- there must be a duty to keep the information secret - obligation of confidence

3- breach of this must be of detriment to someone else

Question 2

If you are writing a story which breaches someone’s confidence - what could happen?

Answer 2

1 you may have to give award of damages
2 injunction
3 order to return material
4 order to reveal source

Question 3

What was the sarah Tisdall case?

Answer 3

Sarah Tisdall leaked MOD document detailing controversial US missile arrive at British base to the guardian.

Government demanded return of documents. Guardian said this would reveal source which they argued was a breach of confidence - section 10 of contempt of court act.

House of Lords ruled this was national security! They then handed it over and sarah was identified and jailed for 6 months

Question 4

What defences could you have as a journalist against a breach of confidence claim? As well as IPSO

Answer 4

Info lacks quality of confidence

Info already in public domain

In public interest

Question 5

What can an injunction do?

Answer 5

Restrain publication of information

Question 6

Companies can seek injunctions on the grounds that the publication of some things can breach the law of confidence. What criteria is would decide if law of confidence would be breached?

Answer 6

Does info have quality of confidence?
Is there an obligation of confidence?
Would it’s publishing be of detriment to another?

Counter- but is there a public interest justification?

Question 7

What does IPSO say about revealing sources?

Answer 7

Journalists have a moral obligation to protect confidential sources of information

Section 14

Question 8

What law allows journalists to not reveal their sources unless in the interests of justice, national security or to prevent disorder and crime?

Answer 8

Section 10 contempt of court act 1981