ABSTRACT
This chapter brings the earlier discussion together under three strands. The first strand identifies the scope of reform, arguing that meaningful reform must take a holistic view that goes beyond the needs articulated by the journalism profession. This is followed by a discussion on what the media can do to help itself, such as by promoting good professional hygiene when dealing with anonymous or confidential sources; reaffirming journalistic “cultural authority” amid declining trust in the media; recognising the limits to upholding confidentiality promises to sources; demonstrating transparency with audiences when using anonymous sources; reaffirming journalistic autonomy by asserting the profession’s watchdog role; keeping the professional practice codes up-to-date; and addressing weaknesses in self-regulation. The second strand of this chapter concerns law reform – how the law should respond to the problems at hand. Among the matters discussed are the need for effective uniform law across the Australian jurisdictions; overcoming definitional issues; the media’s own reform suggestions that cover source protection issues directly and related matters such as whistleblower protection, freedom of information, and official secrecy; and the work being undertaken by two recent parliamentary inquiries established to consider the impact of law enforcement on journalists’ work. The third and final strand of this chapter considers global perspectives on source protection reforms, the need for effective freedom of information and whistleblower laws, and the need to face up to the reform challenge honestly and resolutely. The chapter concludes with the view that a strong case exists for a recalibration that meaningfully extends the protection afforded to journalists’ confidential sources and related actors.
