ABSTRACT
Gill Moore Freedom of expression and freedom of information are two fundamental mutually
supportive principles that underpin the work of all journalists. The ability to gather and disseminate information is constrained and influenced by a wide variety of factors, including commercial, legal, ethical and political considerations. A myriad of statutory provisions, subject to constant change, amendment and development exists in English law and creates a minefield for press and broadcasting journalists alike. These legal rules are supplemented by a number of regulatory codes, which seek to govern issues relating to broadcasting standards and to confront concerns relating to media ownership.2 The media itself provides codes of journalistic ethics and practice that provide day-to-day guidance for journalists and attempt to reflect society’s view of the public interest, a notoriously nebulous concept. These various constraints provide a complex framework for the activities of investigative journalists. The very nature of their work will often bring them into conflict with individual, commercial and official interests alike. This chapter identifies a number of selected areas of conflict and considers how the English law seeks to draw the balance between the various interests involved and its subsequent impact upon the activities of the investigative journalist. It is beyond the scope of this chapter to provide a comprehensive discussion of the legal provisions in existence in English law. The text is not intended to be a ‘how to’ guide for budding investigative journalists, instead, the aim is to provide a selective study of a number of key areas, providing the opportunity for a more critical analysis and discussion to take place.3 The omission of topics, such as the legal restraints relating to official secrets, is not to diminish their importance, and the reader is invited to explore such areas through texts identified in the further reading list. Finally, the reader is reminded that the law cannot be seen in isolation. Investigative journalists, for example, will often have a story ‘lawyered’ or ‘legalled’ before its publication. At this stage the legal adviser is often compelled to trust that the journalist concerned has adhered to certain basic ethical standards, and even then, the story may be pulled for commercial reasons.
