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  1. #1
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    Post Public Records and Reporter Privilege

    My question involves civil rights in the State of: All of Us countries

    Dear Members,

    I have a question which I am interested whether or not it has been raised in Us (or even other states) case law.

    Can a reporter use his reporter privilege as an excuse for not exposing information about his sources or about details which related to his sources in the context of freedom of information.

    For example, what if the authorities are required to expose information regarding a matter which can lead to the reporter's contacts or to details which related to his contacts etc...

    If anyone knows about similar cases I would be happy to learn more about the issue above.

    Thanks in advnace,

    D.

  2. #2
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    Default Re: Freedom of Information and Reporter Privilege

    If the reporter's contacts are known to public officials and are a matter of public record, then obviously they're not confidential, and your question would become moot. A reporter would have no privilege that would enable him to prevent somebody else's independent investigation from identifying his sources, whether from public records or otherwise. A reporter would have no veto power over a state's compliance with its open records laws.

  3. #3
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    Default Re: Freedom of Information and Reporter Privilege

    Term privilege has several meanings in U.S. law. In the context you are using it, a reporter’s privilege means that the reporter would not have to reveal the sources of information for a story he/she wrote and could not be compelled to reveal that information in court. In short, it is simply a right to refuse to divulge the information to the government (or anyone else). That’s it. It simply protects the reporter from having to disclose the information himself/herself. It does not extent to allow the reporter to prevent disclosure of information about his sources by someone else, including the government. So if the government has information that would expose his contacts and the government wishes to release it, or is required to release it under an open records law, the reporter’s privilege does not cover that situation and the reporter could not prevent the release of that information.

  4. #4
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    Default Re: Freedom of Information and Reporter Privilege

    Quote Quoting Mr. Knowitall
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    If the reporter's contacts are known to public officials and are a matter of public record, then obviously they're not confidential, and your question would become moot. A reporter would have no veto power over a state's compliance with its open records laws.
    I agree that most of the time this issue is not relevant because the government or the public knows the reporter's sources, but lets say there is a governmental institution that works with journalists and reporters and has been asked to send information related to the connection between them. Can the reporter object on the grounds of Reporter Privilege (despite that the request wasn't intended to him)? Can the governmental institution claim for reporter privilege?

    I would be glad to know where I can find more information regarding those issues.

    - - - Updated - - -

    - - - Updated - - -

    Quote Quoting Taxing Matters
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    Term privilege has several meanings in U.S. law. In the context you are using it, a reporter’s privilege means that the reporter would not have to reveal the sources of information for a story he/she wrote and could not be compelled to reveal that information in court. In short, it is simply a right to refuse to divulge the information to the government (or anyone else). That’s it. It simply protects the reporter from having to disclose the information himself/herself. It does not extent to allow the reporter to prevent disclosure of information about his sources by someone else, including the government. So if the government has information that would expose his contacts and the government wishes to release it, or is required to release it under an open records law, the reporter’s privilege does not cover that situation and the reporter could not prevent the release of that information.

    Thank you.

    That was my conjecture.

    Are there any cases which stated that (no one tried to oppose requests of freedom of information on the grounds of reporter privilege or anything similar?

  5. #5
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    Default Re: Freedom of Information and Reporter Privilege

    Quote Quoting Epidemic
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    lets say there is a governmental institution that works with journalists and reporters and has been asked to send information related to the connection between them. Can the reporter object on the grounds of Reporter Privilege (despite that the request wasn't intended to him)?
    If the reporter chooses to disclose the sources to a third party (including this mythic government institution) instead of asserting privilege, then the privilege is waived.
    Quote Quoting Epidemic
    Can the governmental institution claim for reporter privilege?
    No.

  6. #6
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    Default Re: Freedom of Information and Reporter Privilege

    Many thanks!

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