Brief 5: Reporter's Privilege

A Right to Silence.

via rcfp.org

Reporter's privilege (in the United States) is a reporter's right and protection, under constitutional or statutory law, from being compelled to testify about confidential information or sources. In layman's terms, reporters can choose not to reveal their sources or information relating to the case.

Reporter's privilege is exactly that, a privilege. Not every country in the world offers reporters the privilege to maintain certain secrecies. According to Reporters Without Borders' Press Freedom Index , The United States ranks 45th is reporter's freedom. As a nation founded on freedom of choice and the right to speak, it's surprising that 44 other countries rank ahead of the U.S. Norway ranks 1st while North Korea ranks last at 180th. 

Julian Assange

Arkansas has had the statute in effect since 1937 specifically shielding reporters and others involved in news gathering from being required to reveal the identities of their confidential sources. The statute is fairly broad and has been interpreted to encompass both criminal and civil proceedings. The statute has undergone few changes since Arkansas voters adopted it as an initiated act in 1936. The statute was amended in 1949 to bring radio broadcasters within the law's protection and, in 2011, the statute was amended to provide protections to television stations and “internet news sources.” - via rcfp

Whenever I think of reporters privilege, my mind always travels to reporters being silenced. They're not necessarily the same thing, but they encompass the same aspects; silence of reporters and the lack of revelation.

Julian Assange and his team is a good example of reporter's privilege. Assange is the founder of WikiLeaks, a website archive dedicated to revealing secret documents, often related to national governments or major organizations. Most whistleblowers are kept anonymous, and those who are named are often subject to major investigations and scrutiny.

Edward Snowden also comes to mind. Though he doesn't necessarily fall under reporter's privilege, but as a whistleblower, he does have rights to speak publicly about his experience. He didn't have to name any of his accomplice during his ventures and during the investigation, no one has to be named.. A film was even made about Snowden, sort of making the confidentiality aspect kind of lackluster.

It's difficult to find specific cases of reporter's privilege in action, but you've most certainly seen it. The most common example would be of reporters submitting information anonymously or witnesses of crimes identity remaining confidential.

Reporter's privilege is not only essential to the country as a means for allowing people to be honest, but for allowing people to be honest without fear of persecution.