Protection Against Judicially Compelled Disclosure of the Identity of News Gatherers’ Confidential Sources in Common Law Jurisdictions

Abstract

In many common law liberal democracies today, news gatherers are resisting efforts to use the powers of the courts to compel the news gatherers to identify their confidential sources. Often the struggles are epic. Often the public interest in effective news gathering fuelling the vitality of a modern liberal democracy is insufficiently recognized. The author uses recent cases to spotlight the shortfalls in the approach and legacy of the common law in dealing with news gatherer/ confidential source relationships. Post HRA English decisions, especially that of Tugendhat J in Ackroyd, combining European style commitment to the public interest in vigorous newsgathering with common law style analysis of evidence, point the way to a more effective approach. US and Hong Kong cases remind news gatherers of their public interest responsibilities.