Our word is binding.

As an ethical matter, we would not want to reveal the identity of an anonymous source unless that person has consented to the disclosure. That’s why we take the granting of anonymity seriously.

Keep in mind that the legal protection provided to journalists to keep source identities, outtakes, or other confidential information secret is not 100% secure. Courts can compel journalists to testify or reveal information even when confidentiality has been promised, and refusal to reveal the information can result in jail time or fines. Judith Miller of the New York Times, for example, spent three months in jail for refusing to identify the source of the leak that Valerie Plame worked for the CIA.

To make matters worse, if we have promised confidentiality to a source but disclose the source’s identity, we could be liable for breach of contract. In Cohen v. Cowles Media, the Supreme Court held that the First Amendment does not protect the press from breach of contract lawsuits when a reporter breaches a promise of confidentiality.

It is therefore possible that if a journalist makes a promise of confidentiality but is later compelled to testify, s/he may either be jailed or ordered to pay money damages. Neither is a good situation. So consult with your supervisor and our legal team before you make a promise of confidentiality. Discuss whether the promise is necessary, what the exact scope of confidentiality will be, under what conditions the source might be willing to release you from the promise, and what the potential risks to you or NPR might be. We want to be sure we can keep whatever promises we make.

October 17, 2011

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