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

University of Hong Kong Faculty of Law Research Paper No. 10722/74867

The Modern Law Review, Vol. 69, No. 6, pp. 895-934, 2006

46 Pages Posted: 20 Apr 2011

See all articles by JM Brabyn

JM Brabyn

The University of Hong Kong - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: 2006

Abstract

In many common law liberal democracies today, news gatherers are resisting efforts to use the powers of the courts to compel them 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 recognised. The article 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 Human Rights Act 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.

Keywords: Journalist, Confidential source, Contempt of court, Search warrant, In re Grand Jury Subpoena

Suggested Citation

Brabyn, Janice, Protection Against Judicially Compelled Disclosure of the Identity of News Gatherers' Confidential Sources in Common Law Jurisdictions (2006). University of Hong Kong Faculty of Law Research Paper No. 10722/74867, The Modern Law Review, Vol. 69, No. 6, pp. 895-934, 2006, Available at SSRN: https://ssrn.com/abstract=1815886

Janice Brabyn (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

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