Marc-François Bernier (PhD)
Research Chair in Journalism Ethics (CYR)
University of Ottawa
mbernier@uottawa.ca
When a reporter promises anonymity to a source information, he will respect his word to prison if need be. This is what threatens the reporter Daniel Leblanc of the daily Globe and May l.
Leblanc is regarded as the journalist who put the day what would become the scam. To do this, he had help from a source designated under the code name My Owl . But who is she?
want to know is what the group's lawyers Polygon, pursued by the federal government for $ 40 million. They want to know the identity of this anonymous source to demonstrate that the federal government had long known that there were irregularities in the sponsorship scandal. Their goal is to derail the prosecution on the grounds that there would be limitations, as explained by journalist Yves Boisvert, La Presse .
There are of course legal aspects of this litigation, but also dimensions that are within ethics and ethics of journalism.
Indeed, the ethical rule requires journalists to identify their sources of information to make that information more credible and to demonstrate that such sources do exist. In addition, it allows the public to assess the skills and motivation of the sources. Moreover, those affected or concerned about who may attack them.
However, there are circumstances where a journalist is justified to grant anonymity to a source, which should be an exceptional measure because anonymous sources can also be vectors of misinformation . We saw plenty in the way they were used, thanks to a complacent media that borders on complicity, to convince the American people need to invade Iraq under false pretenses.
To make the best decisions possible, several criteria must be considered in order to reach a decision on balance :
- This is information so important for the public and are there other identifiable sources for it?
- This information is it rather the interests of the source?
- Have I evaluated and weighed the benefits and potential harm to others?
- The source is really threatened with reprisals if his name is associated with this information?
- Will I be able to justify publicly why I granted anonymity to the source?
- The public will he able to judge the reliability and credibility of the anonymous source from the description as I have done?
- Unless you have a very reliable source, then I check the assertions of the anonymous source and request a different point of view before the publication of information?
- Have I revealed the identity of the anonymous source and his qualifications to my employer and the source is there agreement with this approach?
- Am I willing to go to jail to defend my decision to grant anonymity and I asked the source if it was ready to reveal his identity if such a threat hanging over me?
Journalist granting anonymity to following an ethical reflection of this kind comes a solid decision that will help deal with those who want to make him reveal the identity of his source of information. It is when the authorities demand to know this identity becomes an anonymous source a confidential source and that is the question of confidentiality of sources.
Ethics wants the reporter who promised anonymity to keep its word. It is a form of contract. It can be released from his commitment by the source itself, or if the journalist realizes he was duped by this source, which has misled the public and denied his right to quality information.
In this case, the political and economic importance of the sponsorship scandal certainly justifies protecting the identity of a source is suspected to be in the Government of Canada. There is little doubt that My Owl risk of retaliation if it is known to the authorities. In addition, the Gomery inquiry showed that the scandal was real and that its officers were located at the highest levels of government. The source did not mislead the public.
Finally, it is for a simple procedural issue that Polygon wants to know his identity, not to prove his innocence.
Here we are far stronger legal arguments that argue for a qualified privilege for journalists in the confidentiality of sources, which could justify the courts require that identity.
Indeed, in some countries (including Belgium), the laws protect the confidentiality of sources, unless disclosure of the identity of a source can prevent criminal offenses or if this is really the only how to obtain information on the understanding that this information is crucial for the conduct of a trial.
According
Senate France, the European Court has established criteria in its case:
"- the existence of an overriding public interest. The Strasbourg Court has not set a list of offenses that could be classified as overriding public interest. She concedes that the offenses are qualified and not consisting of an infringement of personal integrity or the fundamental interests of the Nation;
- the need to achieve, that is to say, the importance of information sought to suppress or prevent the infringement ;
- proportionality of the infringement. The Court ascertains especially if other measures have not helped to achieve the same results. "
It is not clear that these criteria apply to the cause of Polygon.
Indeed, in some countries (including Belgium), the laws protect the confidentiality of sources, unless disclosure of the identity of a source can prevent criminal offenses or if this is really the only how to obtain information on the understanding that this information is crucial for the conduct of a trial.
According
Senate France, the European Court has established criteria in its case:
"- the existence of an overriding public interest. The Strasbourg Court has not set a list of offenses that could be classified as overriding public interest. She concedes that the offenses are qualified and not consisting of an infringement of personal integrity or the fundamental interests of the Nation;
- the need to achieve, that is to say, the importance of information sought to suppress or prevent the infringement ;
- proportionality of the infringement. The Court ascertains especially if other measures have not helped to achieve the same results. "
It is not clear that these criteria apply to the cause of Polygon.
In any case, such a law does not yet exist in Canada and the journalist Leblanc may be the next victim.
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