ABSTRACT
The professional codes of journalists' associations in liberal democratic common law jurisdictions typically contain a statement to the effect that a journalist must protect the identity of a confidential source. Clearly, these codes create a professional obligation not to disclose source information in response to questions not backed by judicial orders or freestanding statutory obligations to answer. If the judicial order or legislation withstands procedural, substantive and constitutional challenge, their legal obligation must be to comply with the order or law. The health of a liberal democracy requires that the rule of law applies to news gatherer citizens as much as any other. Advocates of special protection speak fairly indiscriminately of a news gatherers right or privilege not to be compelled to disclose, or immunity against compelled disclosure of, the identity of the news gatherer's confidential sources, prefaced by absolute' or qualified', as appropriate.
