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Protecting sources, not the journalists

2nd June 2005, The Scotsman


IT’S kind of sad that one of the enduring mysteries of American political history should be solved on the strength of a few grubby dollars.


The identity of the whistleblower, known as Deep Throat, who lifted the lid on the Watergate scandal, was one of the best-kept secrets in Washington’s political history. That secret has now been given up by Mark Felt, the FBI’s former second-in-command who confirmed he was the source. But it appears that this gem of historical intrigue has come at a price.


No, not a journalist betraying ethical considerations but rather Felt himself agreeing reluctantly after his daughter convinced him that others would make money from his story. "Bob Woodward’s gonna get all the glory, but we could make at least enough money to pay some bills," she is quoted as saying.

The two journalists Bob Woodward and Carl Bernstein who uncovered details of how President Nixon was behind a 1972 burglary at the Democratic Party headquarters, in which bugs were planted and documents stolen, always remained tight-lipped as to the identity of their source. They have always previously said they would not reveal Deep Throat’s identity until after his death. The reason was "not to play games but to protect the source".


The rules, when it comes to protecting sources in Britain, are laid down in the Contempt of Court Act. In short, a journalist need not disclose his or her source unless disclosure is necessary in the interests of justice, national security or prevention of crime or disorder. A refusal to do so can result in time spent at the pleasure of Her Majesty.


But to what lengths should a journalist go, to protect a source that no longer wants to be protected? It’s certainly arguable that a journalist who refused to give information to a court when the confidant was happy to reveal his own identity would be guilty of contempt. This is because the purpose of non-disclosure is the protection of the source not the journalist.
The courts have held that if a journalist was compelled to reveal a source then this would make it much more difficult for journalists to obtain information and consequently inform the public about matters of public interest. But would the public think any worse of a journalist who simply backed up the fact that the source was who he said he was? And perhaps more importantly, what is the difference between revealing your source before or after he dies? Certainly Andrew Gilligan and Susan Watts refused to identify their source, David Kelly, until after he took his own life. But they still identified him after his death.


I suppose the answer lies in history itself. Such disclosures allow history to be written authoritatively? And you can bet books will follow after Felt’s disclosure. Perhaps journalists should not take their sources to the grave.