Sources Flashcards
What does the editors code say about journalists and confidential sources?
Clause 14:
Journalists have a moral obligation to protect confidential sources of information
What does the NUJ code of conduct say to journos on protecting sourced
A journalist should protect identity if sources who supply information in confidence
Give an example of a journalist who failed to protect his source from being identified
Lancashire telegraph!
‘Burnley bodies sent to blackburn’
Man complains clause 14 of editors code is broken as he was identified as ‘worker in Burnley mortuary’ - only 2 people worked there and the other man was his boss! He was sacked !!!
What is section 10 of the contempt of court act also known as?
Shield law
What is the law police can get to demand material from journalists?
Production order - this is a court order made by a judge
Can only be made if
- serious offence has been committed
- material is admissible as evidence
- other methods of obtaining material have been unsuccessful
- getting these materials is public interest
Are journalists exempt from production orders?
Journalistic materials HELD IN CONFIDENCE are excluded from compulsory surrender via a production order.
However material liable to search and seizure e.g stolen documents or national security issue stuff - this may not be protected
When can a search warrant be issued to a journalist ?
1 when you can’t communicate with anyone to grant entry to premises
2 when you can’t communicate with anyone who can grant access to material
3 material contains information which has obligation of secrecy and is likely to be disclosed if warrant not issued
4 - giving notice of order may influence investigation
Under PACE - police can appeal for search warrant for journos - why is this different to protection orders?
The journo doesn’t need to be told of application and application is not heard by judge
What act can give police powers to search journos homes when they are investigating terror offences.
Terrorism act 2000 - court can issue warrant for police to search premises when they’re investigating a terror offence
What does RIPA stand for?
Regulation of investigatory powers (act 2000)
What does RIPA allow public bodies to do ? In what circumstances ?
Get secret access to communications of people.
In the interest of :
- national security
- economic uk well-being
- to prevent or detect serious crime
What happened with derby city council and RIPA?
Regional journo was spied on in her Starbucks meeting investigating wrongdoing in council’s environmental department.
Phone records were secretly obtained
Talk to me about section 5 of the intelligence services act 1994
It is lawful to hack phones and computers at a specific premises belonging to names individuals
What is Sheild law? When will it help journalists protect their sources?
Section 10 of contempt of court act 1981
Protects journos from naming source source unless
- case concerns national security
- revealing source would be interest of justice
- revealing source would prevent disorder or crime
What methods can police use to get journos work? Go through all (4)
Production order - but work obtained in confidence unless liable to search and seizure is protected. Has to be serious offence, admissible as evidence, can’t get it another way
Search warrant under PACE - journo not told or have right to be heard by judge. - info is private, can’t get hold of people to grant access to property of material, notice might harm investigation
Terror act 2000- can access property of journo if believed they have info relating to terror
RIPA (regulation of investigatory powers act) and section 5 on intelligence services act 1994 - can hack phones interests of national security, UK well-being and to prevent crime
