REVIEW: Defending the right to confidential sources and whistleblowers (original) (raw)
Related papers
Perspectives on Evidentiary Privileges, 2019
The monograph, edited by Dr. Chris Hunt, examines various aspects of the law of privilege in Canada. This book chapter analyzes protections with respect to journalist-source communications in Canadian evidence law. After first explaining the application of the so-called case-by-case privilege to such communications and its limitations, the chapter then focuses attention on the statutory protections set out in the Journalistic Sources Protection Act which amends the Canada Evidence Act. The chapter scrutinizes the new statutory protections and their limitations, in addition to drawing comparisons with similar legislation in New Zealand. This chapter fits into my larger research agenda, which explores the intersections between law and resistance. The form of resistance discussed in this work is the conduct of journalistic sources who disclose confidential information about pressing matters of public concern to journalists. Journalists in turn then reveal the information to the public. Such unauthorized disclosures may relate to and expose the misconduct of public or private actors and consequently challenge their power. Law holds the power to protect and legitimize such resistance. However, this power to protect and legitimize correlates to the scope of journalist-source privilege in any given jurisdiction. In the context of the new statutory protections promulgated by the Canadian Parliament, such prophylaxes are tied to the text, context and purpose of the legislation and the corresponding interpretations courts may articulate.
When whistleblowers are prosecuted, it has a chilling effect on press freedom in Australia
2018
It used to be that when governments were caught spying, they denied the allegations then wore the embarrassment in the public eye. Not anymore in Australia. Lawyer Bernard Collaery, who will be prosecuted along with his client, known as Witness K, for exposing Australia’s spying on Timor-Leste. Mick Tsikas/AAP https://theconversation.com/when-whistleblowers-are-prosecuted-it-has-a-chilling-effect-on-press-freedom-in-australia-100008
Human Sources:The Journalist and the Whistle-blower in the Digital Era
2013
Imagine you're sitting in an empty bar and you strike up a conversation with another customer. He's clearly very unhappy. You tell him you're a journalist. Pretty soon he begins unloading to you about the unethical things happening at his work. The next thing you know he's handing you a USB stick with 251 000 US State Department cables on it. Of course that's not how it really happens. In real life, random barflies rarely provide closely guarded government secrets to strangers. Most reporters don't really go creeping around darkened car parks waiting for Deep Throat to show up, as in All the President's Men. As one national security reporter 1 suggests: 'It happens in Hollywood a lot more than in real life frankly. ' Yet, there is no underestimating the value of human sources. HUMINT ('human intelligence') has long been recognised as one of the core roles of an effective spy organisation. The information-gathering role of an investigative journalist is similar. Most investigative journalists depend on human sources: for leads, to verify a story, or both. These sources may be anonymous, confidential, or their identities may be publicly identified. In recent years, technology-led web publishers, such as WikiLeaks, have pioneered new ways to protect anonymity and confidentiality, although technology can also make it easier to link journalists and their sources. This chapter provides an in-depth look into one of the reporter's most important human sourcesthe whistle-blower. 'Whistle-blowing' occurs when a member of an organisation discloses 'illegal, immoral or illegitimate practices (including omissions) under the control of their employers, to persons or organisations who may be able to effect action' (Near & Miceli 1985). The authors suggest expanding this definition further: whistle-blowing is the act of revealing inside information about serious
Protecting Sources and Whistleblowers in a Digital Age
2017
A working report published as part of an initiative supported by Guardian News and Media, based on research conducted at the Information Law and Policy Centre, Institute of Advanced Legal Studies. Launched at an event in Parliament on 22nd February 2017.
Whistleblowing, National Security and the Constitutional Freedom of Political Communication
Whistleblowers promote the values of responsible government and the rule of law by drawing attention to criminal or other forms of wrongdoing in publicly accountable organisations. This article explores the relationship between whistleblowing, national security and the implied freedom of political communication under the Australian Constitution. Legislation such as the Crimes Act 1914 (Cth) ('Crimes Act'), the Australian Security Intelligence Organisation Act 1979 (Cth) ('ASIO Act') and the Australian Border Force Act 2015 (Cth) ('Border Force Act') makes it an offence to reveal certain types of information obtained as a Commonwealth officer. The Public Interest Disclosure Act 2013 (Cth) ('PIDA') offers limited protection to whistleblowers in the Commonwealth public sector, but this protection does not extend to information relating to intelligence operations. We argue that blanket criminalisation of unauthorised disclosure by Commonwealth officers or contractors under s 70 of the Crimes Act, along with similar prohibitions in s 35P of the ASIO Act and s 42 of the Border Force Act, offend the implied freedom of political communication by failing to strike an adequate balance between national security and organisational secrecy, on the one hand, and public debate and discussion, on the other. The courts should read down these laws to protect disclosures that hold significant public interest for discussion and debate over government policy or the performance of government officials.
Digital Journalism, 2021
Information security tools have gained prominence and importance in the journalism field and are now being adopted more frequently by newsrooms and investigative journalists. SecureDrop, an open-source software for operating whistleblowing platforms, is now a common component of the toolboxes of journalists willing to work with stronger levels of security, especially in regard to source protection. By means of a content analysis of publicly available documents and semi-structured interviews with journalists using the software, this article looks at news organizations’ uses of SecureDrop, journalists’ perceptions of the software's strengths and limitations, and the accountability practices adopted by news organizations in regard to their use of SecureDrop. Overall, this article contributes to the understanding of how SecureDrop and information security in general are entering the journalistic field and becoming accepted journalistic practices.