ABSTRACT
This chapter sets the backdrop for this book’s concern with the protection of journalists’ confidential sources by first discussing the role of information leaks in contemporary society. It argues here, as it does often in this work, that while leaks are susceptible to manipulation by malcontents and others with questionable motives, leaks are also a critical feature of journalism’s core calling – the pursuit of truth. Leaks are resorted to in the highest corridors of power and for various purposes, including when pursuing political interests. This chapter then considers the tensions posed by the dictates of freedom of expression, the right to know, and obstacles in the way of access to information of legitimate public concern. It observes that avowals of a commitment to freedom of expression are more readily found than a substantive adherence to the ideal. The discussion then draws attention to the growing threats to the sanctity of journalists’ confidential sources and some sources of these threats. It considers the high stakes journalists and their confidential sources face when seeking to expose corruption, crime, wrongdoing, and injustice and how various interests collide with the public interest in protecting journalists’ confidential sources. It highlights the collision of interests that occur in the area of sexual misconduct allegations. It also considers the “chilling effect” of laws invoking national security on the reporting of news. The discussion concludes with observations about the conundrums presented by the “disruption” in the media industry and by democracy itself – liberty requires constraints at every level. It concludes that much can be done to mitigate the challenges and threats.
