Lecture notes
Contempt of Court NCTJ media law notes
- Module
- Journalism
- Institution
- University Of Lincoln (UoL)
Lecture notes on contempt of court in terms of media law, based on NCTJ exam content
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Contempt 3.Protecting sources
If a court orders you to reveal the identity of a source and you refuse,
you could be held In contempt of court.
Article 10 of the ECHR means a journalist or media organisation should
not be compelled by a court to do anything that could disclose the
identity of a source.
Unless the disclosure is necessary in a democratic society because of
an ‘over-riding requirement’ in the public interest.
Shield law
Section 10 of COCA 81 is the ‘shield law’ in UK law to protect
journalistic activities based on article 10 rights (echr)
It states that journalists will not be in contempt if they refuse to
disclose their sources unless a court rules it is necessary:
• in the interests of justice
• National security
• For prevention of crime and disorder.
Bill Goodwin case
Saville enquiry
Tisdall case
Suzanne Breen (right to life - article 2)
Ethical consideration - a reporter has an ethical responsibility to
protect his/her sources. If sources were not sure of this, many stories
of great public interest would never be published.
-IPSO code (clause 14) journalists have a moral obligation to protect
confidential sources of information NO PUBLIC INTEREST EXCEPTION
-OFCOM BC (fairness) 7.7 guarantees given to contributors, for
example relating to content, confidentiality or anonymity, should
normally be honoured.
All journalists and their employers should do everything they can to
protect the identity of a source who requires confidentiality.
• if they are paid, the payment should be untraceable
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