Over the years journalists have been jailed for failing to reveal confidential sources to the court despite being guided by code of ethics. Journalist should only reveal their confidential sources to the court if the information may harm national security or disclose is necessary to show the innocence of an accused. If a journalist reveals confidential sources without reason the result will be breach of confidentiality and limited flow of information to journalist. In this essay will discuss the definition of confidentiality and its ethical considerations. Will also address several reason for contempt of court for confidential. Lastly will examine the reform strategies over the years. These will be supported with relevant cases.
Confidentiality means the person has given you information in confidence and they trust you not to reveal them. According to Media Entertainment and Arts Alliance (MEAA) that states that “where confidences are accepted, respect them in all circumstances”. In the case of R v Barrass, Perth journalist severed five days in jail and fined $10, 000 for refusing to reveal sources some sources on the follow up on DPP v Luders case. The judge referred to the information was essential to establishing the guilt or innocence of the accused and therefore he was required to answer the questions. Despite Australian journalist sticking to their ethical obligation for protecting their sources in order to secure free flow of information, the courts require them to reveal sources when needed to secure fairness of trail which brought a contradiction between two parties and journalist were jailed and fined when they failed to provide the information.
There has been an ongoing battle between the courts and journalist due to ...
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...se they refused to reveal sources because of the agreement of confidentiality between the two parties. However this has changed over the years from the introduction of ‘newspaper rule’ to ‘shield laws’ that protected journalist sources unless they are necessary to conduct a fair trail. Commission concluded the continuation of the existing summary procedures for dealing with refusal to answer a question contravened fundamental doctrines of criminal law and procedure leading to the perception that justice, while perhaps being done and was not being seen to be done. Journalists now have immunity to secure the confidential sources despite being some circumstances that require them to reveal the sources depending on the agreement between the journalist and the source. Breach of confidentiality can result to high damages because the plaintiff may sue you for defamation.
Branzburg’s decision not to disclose the information the court sought was due to the belief that his integrity and effectiveness as a reporter would be tarnished if he named names. Branzburg placed a high value on the confidentiality between him and the subjects he was investigating and reporting on. He felt that if he had released the two names in the article he published that subjects in the future would be unwilling to disclose information that was vital in writing the kind of stories he so desired.
It is not a surprise that journalists go to extreme lengths in order to get “dirt” on a certain subject. These journalists are often given the title of “muckraker.” The term holds many connotations; some believe that they are journalists who go a bit too far, while others believe that they are simply people whose main goal is to expose any sort of misconduct. Many people disagree on whether or not being given the title of a “muckraker” is honorable, and it causes a lot of arguments in the modern era. Because of this, it is important that everyone eventually ends up on the same side to prevent further disagreement.
Totalitarianism describes a Political system where the sate holds all the authority over the society and controls all aspects of public as well as private life. So to do this they would need an organization to enforce anything they want. This is where secret police step in, the role of secret police is to do the dirty that the public doesn’t need to know about.
Hayes, chapter eight). There, it was ruled that there is no constitutional privilege for journalists. Justice Byron White wrote that the grand jury plays an important, constitutional role that outweighs any burden on newsgathering that might come from the occasional subpoena to reporters. In relation to the same case, three justices wrote a checklist for when the government should be able to require a journalist to reveal his or her sources. Those were: 1. That there is probable cause to believe the journalist has clearly relevant information regarding a specific probable violation of law; 2. That the information cannot be obtained in some other way that does not so heavily infringe on the First Amendment; and 3. That there is a compelling and overriding interest in the information. Even though these guidelines only were made in a dissenting opinion, they have been frequently used in state courts and lower federal courts. In criminal cases in federal courts, the defendant 's Sixth Amendment right to a fair trial or the law enforcements ' need to conduct a full investigation is considered more important (chapter eight). At the same time, the majority of the U.S. states have shield laws that gives a reporter 's privilege, but there does not exist a federal shield law. When taking into consideration that journalists are not protected in federal law in form of a reporters ' privilege or shield law, it might take some of the feeling of freedom away when writing. A press is not free, if it cannot get sources to talk about controversial matters, because they fair to be revealed in court. The press should be able to write about matters such as governmental corruption without risking going to jail when refusing to give up the sources for the story. That the U.S. government is willing to punish journalists that do not reveal their sources jeopardizes the freedom of the
Different people, cultures, and nations have a wide variety of expectations about how much privacy is entitled to or what constitutes an invasion of privacy. Privacy is the ability of an individual or group to seclude themselves or information. Personal privacy has been declining in the past year which is caused by today’s technological society. With the latest technology such as face scanners, data collecting, and highly advanced software’s, privacy can be compromised, which is exactly what is being done today and it is unconstitutionally intrusive.
I stayed within the agency’s confidentiality policy guidelines by following the regulations of the policy. TCC Counseling center confidential policy states that every counselor must provide free and/or confidential assistance to TCC students. Before receiving personal counseling students are encouraged to complete the TCC’s confidential form often provided by the counselors or accessed online.
Despite all the controversy and disagreements, most of the populous would agree that on an individual level, privacy is our space to be ourselves as well as to define ourselves through autonomy and protecting our dignity. Our interactions with others can define the level of our relationships with them through the amount of privacy we can afford in the relationship. As we age and immerse ourselves into society, we gain a sense of confidence and security from our privacy. A sense that others know only what we tell them and we know only what they tell us in exchange. What we fear is what others can access and what they might do if they knew of our vulnerabilities. Maintaining and keeping our vulnerable aspects private, we develop a false sense of personal safety from the outside.
Terms and Laws have gradually change overtime dealing with different situations and economic troubles in the world in general. So then dealing with these issues the workplace has become more complex with little or no rights to privacy. Privacy briefly explained is a person’s right to choose whether or not to withhold information they feel is dear to them. If this something will not hurt the business, or its party members then it should be kept private. All employees always should have rights to privacy in the workplace. Five main points dealing with privacy in public/private structured businesses are background checks, respect of off duty activities/leisure, drug testing, workplace search, and monitoring of workplace activity. Coming to a conclusion on privacy, are there any limits to which employers have limitations to intrusion, dominance on the employee’s behavior, and properties.
Journalists are protected by freedom of the press that is mentioned in the first amendment to the constitution.
The internet and all technological advances give us easier communication and increase productivity, however, at what cost? The loss of one's privacy. It is okay only when it is violated for one's own protection. There are different reason, good and bad, for the loss in privacy. In 1984 the characters don't have privacy due to big brother always watching,the NSA does more snooping than securing, social media does more than connect friends, and technological advances make our lives easier.
The aim of this study was to investigate individual’s behavior around privacy issues and factors affecting it. For this purpose, a research model was developed with external factors (age, gender and profession) and the factors privacy concern, attitude and audience awareness influencing audience behavior. Also, hypotheses were formulated about the research model to examine differences based on gender, age and profession on individual’s attitude, concern and awareness.
Corbin, J. (n.d.). Confidentiality & the duty to warn: ethical and legal implications for the
In keeping within current legislation on the protection and respect of an individuals’ right of anonymity, (Clamp, Gough and Land 2004; Polit and Beck 2007), and to confidentiality, (Burns and G...
In conclusion, though the media serves as a platform to relay legal proceedings, it is evident that the media can pose serious negative influences upon the accused. Undue, unjust, and misconstrued comments by media houses will eventually lead to an unfair and prejudiced trial. Hence, the media must be regulated by exerting the law of contempt of court to prevent interference in the courts administration of justice including to reprove those found in violation of the basic code of conduct. However, the media can utilize the defence options available if he/she can prove otherwise.
"Journalism Ethics Online Journalism Ethics Gatekeeping." Journalism Ethics for the Global Citizen. Web. 05 Dec. 2010. .