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Journalists, Anonymous Sources and the Law: A Comparative, Theoretical and Critical Analysis


ISBN13: 9780415659611
To be Published: August 2027
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00



This book considers whether news gatherers should be required to disclose the identity of anonymous sources used in their stories by courts or other bodies. The vast majority of media self-regulatory codes impose an obligation not to disclose the identity of such sources, but many legal systems have traditionally been reluctant to offer such a degree of protection to anonymous sources, or any at all. However, the latter part of the twentieth century and early twenty-first century has seen an explosion in the number of such 'source protection' laws, and much judicial and legislative activity to change existing laws. Drawing on media and communications theories the book identifies a number of different theoretical justifications for source protection laws and analyzes whether the application of existing laws are consistent with any of these theories.

Using legal materials and codes from a wide variety of countries it considers whether there are any noticeable trends in how different countries address this issue. It explores the influence of the United States and the European Court of Human Rights' jurisprudence on the matter beyond their jurisdictions, and asks the question whether this is an area of law captured by 'globalisation,' or whether countries with different constitutional and media traditions have developed different approaches to 'source protection.' Finally having assess the arguments in support of source protection laws Damian Carney puts forward a model clause and model shield law for the protection of anonymous sources which is theoretically and practically robust.

Subjects:
Media and Entertainment Law
Contents:
1. Introduction
2. Anonymous sources
3. Theories and justifications for protection of anonymous sources
4. Anonymous sources and media ethics
5. The protected recipient – journalists and other public communicators
6. Legal protection of anonymous sources
7. Whose privilege and the waiver of privilege
8. Preventing circumvention of source protection laws
9. Model clauses for media codes and model shield laws and their application
10. Conclusion

Series: Routledge Research in Media Law

Public Service Media in Europe: Law, Theory and Practice ISBN 9781032011240
Published January 2023
Routledge
£36.99
£36.99
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Public Service Media in Europe: Law, Theory and Practice ISBN 9781138477056
Published June 2021
Routledge
£130.00
Mediation & Popular Culture (eBook) ISBN 9780429602047
Published March 2020
Routledge
£35.09
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Mediation & Popular Culture ISBN 9780367181055
Published March 2020
Routledge
£120.00
Photography and the Law: Rights and Restrictions (eBook) ISBN 9780429887550
Published November 2018
Routledge
£35.09
(ePub)
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Photography and the Law: Rights and Restrictions ISBN 9781138604773
Published November 2018
Routledge
£120.00
Public Service Broadcasting 3.0: Legal Design for the Digital Present ISBN 9781138704725
Published January 2017
Routledge
£52.99
£56.99
(ePub)
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£125.00