“The NUJ's Code of Conduct has set out the main principles of British and Irish journalism since 1936. It is part of the rules and all journalists joining the union must sign that they will strive to adhere to it. “(Ref.7)
Members of the National Union of Journalists are expected to abide by the following professional principles that are all to be obeyed to fulfil the commitment to the profession including the protection of the source that is described in point 7, the rest of the points and few in particular like no 1, 2, 5, 8, 9 could be also seen to be related to good behaviour and attitude when dealing with the sources. Within the Code of Conduct for National Union of Journalists, a journalist (selected points);
(Ref.8. Ethics: NUJ Journalists' Code of Conduct by Winchester Journalism)
1. At all times upholds and defends the principle of media freedom, the right of freedom of expression and the right of the public to be informed
2. Strives to ensure that information disseminated is honestly conveyed, accurate and fair
5. Obtains material by honest, straightforward and open means, with the exception of investigations that are both overwhelmingly in the public interest and which involve evidence that cannot be obtained by straightforward means
7. Protects the identity of sources who supply information in confidence and material gathered in the course of her/his work
8. Resists threats or any other inducements to influence, distort or suppress information
9. Takes no unfair personal advantage of information gained in the course of her/his duties before the information is public knowledge (Ref.7)
Underneath the code it is also added that “the NUJ believes a journalist has the right to refuse an assignment or be identified as the author of editorial that would break the letter or spirit of the code. The NUJ will fully support any journalist disciplined for asserting her/his right to act according to the code. “ (Ref.7)
As the European Court reached conclusion over the Goodwin v United kingdom case from 1996, it said that “protection of journalistic sources was one of the basic conditions for press freedom, as was reflected in the laws and professional codes of conduct in a number of contracting states and was affirmed in several international instruments on journalistic freedoms.” (Ref.1)
One of the most fascinating reasons why I would like to become a journalist is the main aims of the profession, duty of finding the truth and working in the best possible way to deliver information in matter of public interest as well as uncovering matters that should not be kept out of the reach of the public. Passion, strong will to make justice to fairness and truth put not only into fulfilling the public duty but also being able to reach creative ways to present in case of feature journalist or documentary maker.
The news journalist will not reach into creative eyes to put a news package or a story together as there is no need for it, plain, straight and useful facts are enough to build a good story however being creative and using imagination is always welcome and will make the story more interesting and attention grabbing.
The sources important for either of these journalists are equally important and have to be protected by the same code of conduct. What an easy job would it be if all the sources and stories were easily obtainable and information made available when needed. Unfortunately life of a journalist is not laid with the concept of easily accessible information it is the exact opposite, the journalist’s job is to discover and publish news/feature/documentary story if possible in a matter of a public interest and as it is generally known there are many vested interests trying to prevent it. “For this reason, to get a story a journalist must often rely on information from people whose safety or careers would be at risk if it became known that they had provided it. Furthermore, if it became common practice to divulge such sources, the job of a journalist would become much more difficult as fewer people would be willing to speak to them.” (Ref.1)
Journalist who is passionate about what he/she does and feel of doing the right thing not only morally but also professionally will protect the source even if it was a matter of life or death.
One of my personal first inspirations that started a fire of passion for journalism was Veronica Guerin. The title strangely spoke to me in a way to that I knew it would have a meaningful effect on me.
Veronica Guerin talks in here on laws on libel in Ireland and difficulties that come with it: (Ref.2)
The film that has been made on her life story has shown the real struggles that journalists are dealing with when committing to investigating difficult in many ways but at the same time significant matters to the public.
Highlights of the film on Veronica Guerin’s life (Ref.3)
Her passion and dedication as well as fantastic investigatory skills grabbed my heart, half way through the film I started uncovering similarities in ambitions. Was it the name that had a charm of attraction for need of finding the connection or was it simply a coincidence for Veronica and I to carry the same name.
The price for great journalism is higher you can imagine.
The murder of Veronica Guerin (Ref.4)
One of the reports uploaded by CBS News Online called: 02/02/97: Veronica Guerin (Ref.5)
To my big surprise I noticed a date at the right bottom corner of this report to be 2nd February 2007, I was born on 2nd February... another coincidence or just another proof of my destination of career path...
The sacrifice and dedication that greatest journalists are willing to offer is immense. I watched the at the beginning of my first year of Journalism and I reached the point in my life when I knew that I have to decide, after watching it I felt terrified I realised that the two clashing feelings in me were fighting and even though I was scared to death knowing that if I don’t stop my journalism degree then I will go all the way, what was more, I knew from that moment that I continuing with the degree og Journalism will make me want to be like her and my hope for discovering Veronica’s passion in me.
The fear of danger and sacrifice for a higher purpose or even death have got into me after watching the film but the same night brought a turning point to my life, I decided to take the risks, go all the way and give it hundred percent as I felt I was close to discovering the passion that can fulfil my ambition and make my life meaningful. That night my adventure with journalism was a beginning to what has now become a big part of my life.
Studying the insights of media law as well as practicing it while being a feature editor and producing my own films is really taking me in and became a significant part of my day to day life.
Veronica Guerin has shown an incredible attitude and unbreakable drive towards the right cause, that is how a journalist should be, that is how I want to be.
Another great example of a journalist who was willing to sacrifice his freedom to curry out journalistic duty of keeping the source of his information safe is Bill Goodwin. Bill was given a journalistic award for his attitude and journalistic professionalism. Even though he was ordered to disclose the identity of his source by a common law judge he refused to do so and as a consequence he was fined £5,000 for contempt of court.
I talk about Bill’s case in detail in a separate post: Max Mosley, Catherine Zeta Jones and other cases - celebrities and privacy: http://veronicafryd.blogspot.com/2010/11/max-mosley-catherine-zeta-jones-and.html
Protecting the sources is not only a duty but above all the ethical imperative. Clause 14 of the Press Complaints Commission Code of Practice has a similar statement on that matter to what the National Union of Journalists code of conduct, ‘Journalists have a moral obligation to protect confidential sources of information.’ (Ref.1) Journalists seem to pressure this rule as one of the most important one, they will not betray an identity of the source and there is no exception to this principle.
There are certain organisations or governing bodies that can request the disclosure of the journalist’s source, like the common law “judges if it is a matter of attempt to reach identity of wrongdoers whenever the person against whom disclosure is sought has got ‘mixed up’ in wrongful conduct that infringes a claimant’s legal rights. “(Ref.1) (Bill Goodwin’s case above)
Also, “some tribunals and officials have been given by statute the power to demand information on specific issues. The journalist who refuses to comply faces penalties under these Acts.”(Ref.1) For example in the case between Attorney General v Clough from 1963 couple of journalists refused giving away their sources (Vassal case story) , or even the situation when three journalists were threatened with the Contempt of Court because they refused to reveal sources of the stories about the Bloody Sunday killings in Northern Ireland.
Thirdly, “if the police need to obtain ‘journalistic material’ to assist their investigations they normally have to apply to a judge first but various statues give them special powers. (Ref.1)
Despite the fact that no citizen has a legal duty to provide information to the police it has its exceptions. If the police wants to obtain journalistic material to assist their investigation they usually would have to apply to a judge and also if for instance a journalist refuses straight away to give away the information to the police concerning the source of the story like it was in the case from when Westmorland Gazette reporter, the police can “threaten with prosecution for obstructing the police in their duties”. (Ref.1)
Police Act 1997, Regulation of Investigatory Powers (RIP) Act 2000, the Terrorism Act 2000 and the Anti-terrorism, Crime and Security Act 2001 and Serious Organised Crime and Police Act 2005... they all have now created more opportunities for lawful chance to ace the confidential information from citizens (including journalists). (Ref.1)
The possibility of demands do not finish in here some authorities can have power to search the premises of the person that is believed to hold the information. 1765 case concerning a clerk called Entick whose house was searched through the warrant from the Secretary of the State, was seen as lawful. Additional thing that gives more power to request the disclosure of information which is The Official Secrets act which allows the Home Secrecy to give the police permission to request to have the information related to espionage to be given away. Furthermore, being on the subject of governing bodies giving powers, the Home Secretary can also authorise not only the police but also other officials to “intercept electronic communication data under the Regulation of Investigatory Powers Act 2000.” (Ref.1)
On the other hand, journalists have so called, “‘excluded material’ which is normally exempt altogether from compulsory disclosure. It includes journalistic material that a person holds in confidence and that consists of documents or records. (Ref.1)
“The European Court of Human Rights has said that an order to disclose the source of information cannot be compatible with the Article 10 of the Convention (freedom of expression) unless it is justified by an overriding requirements in the public interest.” (Ref.1)
When Bill Goodwin’s case, he appealed against the order after his unsuccessful appeals he was at the end backed by the national union of Journalists and took it to the European Court of Human Rights, and in 1994 the European Commission found for Goodwin, saying: “Protection of the sources from which journalists derive information is an essential means of enabling the press to perform its important function of ‘public watchdog’ in a democratic society.”(Ref.1)
“Section 10 of the Contempt of Court Act 1981 says that a disclosure order must not be made ‘unless it is established to the satisfaction of the court that disclosure is necessary in the interests of justice or national security, or for the prevention of disorder of crime’. “ (Ref.1)
References:
Ref.1) Banks, D., Hanna, M. (2009) McNae’s essential law for journalists, (Twentieth Edition), ch.32
Ref.2) Veronica Guerin: http://www.youtube.com/watch?v=zcI9JHyAuy4&feature=related
Ref.3) Veronica Guerin Full Movie Online Part 1 http://www.youtube.com/watch?v=92giqFWk4Kw&feature=related
Ref.4) Murder of Veronica Guerin http://www.youtube.com/watch?v=EHjgYKXuBPw&feature=related
Ref.5) 02/02/97: Veronica Guerin (CBS NewsOnline) http://www.youtube.com/watch?v=RqIDGxNra_8&feature=related
Ref.6)Veronica Guerin http://en.wikipedia.org/wiki/Veronica_Guerin
Ref.7) NUJ Code of Conduct http://www.nuj.org.uk/innerPagenuj.html?docid=174
Ref.8)Ethics: NUJ film made by winchester journalism http://www.youtube.com/watch?v=sqGwAMI5TqU&feature=related
