In all the news about who told what to whom in the Australian Federal Police raid on the Australian Workers’ Union, you know who doesn’t have either a legal or ethical obligation to keep his source confidential? Former government staffer David De Garis.
That’s because the obligation to respect confidence is inherent in the principles of journalism, not in act of a tip-off.
The identity of many major confidential sources in Canberra are held exclusively in the brain of recently retired press gallery doyen Laurie Oakes. Speculation over the identity of those sources is often a matter of intense debate. That speculation shapes politics.
How has anonymity has ruled our politicians?
Remember all that chatter about who gave Oakes the comments by Julia Gillard in Rudd cabinet discussions over pension rises? And who told him about the succession planning between Gillard and Rudd on the fateful evening of June 23, 2010?
Definitive views were formed throughout the parliament and came to be strongly held. These views were bitterly articulated in the fights between the Rudd and Gillard camps for the next three years, and, indeed, right up to today.
Yet Oakes is the only person who truly knows. He notes only that no one should even assume there was a single source, so, if there were two or more, presumably the sources don’t even know the identity of each other.
And he’ll carry that identity to his grave. No statute of limitations. No records to be opened for the benefit of history, long after everyone is long gone from the political stage. If we’re honest, we’ll see that leaves a small but significant hole in what we’ll ever know about Australian political events and why they unfolded the way they did.
But — and there’s a big “but” in this — journalists accept this limitation on what they can report because confidential sources are what makes journalism different from press releases.
If people with information can’t talk to journalists without attribution then “journalism” will deteriorate to a bland diet of press releases, interviews and staged public events — and we’ve got more than enough of that as it is.
How did it play out for De Garis?
It’s a clear principle, although sometimes it can seem muddy in practice. In the current brouhaha over the AFP raids, there are two complications.
First, this was a politically motivated tip-off designed to cause damage to an opponent. There’s no high-minded motivation about the public’s right to know here. In fact, the damage to De Garis flowed not so much from his identity being revealed as from his decision to do it as a confidential tip-off in the first place when his boss, Employment Minister Michaelia Cash, was denying that tip-off.
Yet in Australia, the journalists’ code of ethics confronts this head on. Clause 3 says: “Where a source seeks anonymity, do not agree without first considering the source’s motives and any alternative attributable source.” However, it goes on: “Where confidences are accepted, respect them in all circumstances.”
In other words, once a journalist has made a judgement (based on their experience, their knowledge and their need for speed) that they should accept the confidence, then they are bound to respect it. It doesn’t matter how trivial the matter may be (or turn out to be — the AFP raids wouldn’t have seemed as trivial at the time of the tip-off). The ethical principle allows no exceptions.
Courts, police, investigators don’t like this. Yet Australian journalists have gone to jail or copped criminal convictions to protect this principle. Parliaments have made half-hearted legal provision for journalists’ shield laws. Governments have more aggressively gone after journalists to identify confidential sources.
This frustrates many journalists who know that often the same politicians who rely on journalists protecting their own confidences, will bring in the coppers to search journalists’ private records to find someone else who is leaking.
The second issue is this: who’s bound by the confidence? We only know about the De Garis tip off because BuzzFeed journalist Alice Workman — who did not herself receive the tip — wrote about it.
That’s legit. The identity of a confidential source is often genuinely newsworthy — and was in this case. Similarly, journalists have speculated over the identity of Oakes’ source(s). Journalist-led inquiries exposed the likely identity of the FBI’s Mark Felt as Woodward and Bernstein’s Deep Throat. (Felt confirmed his identity 30 years after the event, shortly before he died.)
Now that we know the source who told the journalists, the AFP inquiry has shifted to asking who told De Garis? No doubt the AFP will ask him. Unfortunately for his source, political operatives have no ethical or legal obligation for confidentiality.
Because source anonymity is always sacrosanct (even if it means committing a crime, even if it means lying to your readers), and must always be defended whenever it suits you to do so, because your real bond of trust is and was always to the MPs and staffers who furnish the goods – not the readers you’re allegedly paid to inform.
Nothing was ever more “inside” the tent (or more eager to protect their “insider” status) than the press gallery – even Laurie Oakes would struggle to deny that.
We have Sharri Markson for this wagon-circling – why are we paying YOU for it?
‘who told De Garis?’ His boss of course. Banshee would have choreographed it all.
Wait ’till the LNP mob get their Bureau Of State Security (BOSS), Stasi, Australian Government Existence Normalisation Tribunal (AGENT), Australian Bureau Of Traitor Terminators (ABOTT), Department of Undercover Traitor and Terrorist Observers and Neutralizers (DUTTON), or whatever they call it, in full operation.
There is nothing like a couple of thousand volts to the genitals to produce quick information from “journalists” and other undesirables.
Would have to be battery powered of course due to the intermittent mains supply from NEG.
Yet another journalist telling us how crucial it is to democracy that journalists be allowed to publish information ‘someone’ has told them, yet withhold from us the one crucial thing that would equip us to make some assessment of its credibility and legitimacy for ourselves: who the ‘someone’ is. Anonymity: it’s bullshit, bullshit, epistemological bullshit. In the London Times, or in a Jettsons Fanboy chat room, anonymity = crap, junk, dreck information. White noise. Always, but now so more than ever. Information without an author is not just bad information, it’s anti-information: it makes good information moot, untenable, impossible. The ‘protect your anonymous source’ has always been a convenient vocational fudge, a self-serving ‘ethical’ convention the true purpose of which is pragmatic: to render the daily production of scoops, splashes and grabs easier.
Watched the Insiders circle jerk on this topic yesterday. Four insular gallery hacks furiously agreeing with each other about their professional obligation to knicker-drop their bylines like dutiful rent boys/girls to every creepy wannabe Machiavel who rams their tongue in their ear over a latte at Aussies. Relentlessly avoided the fact that a journalist who publicises anonymous information isn’t reporting news, they are creating it. Out of nothing but hearsay. Mutual wank session reached its nadir with Mark ‘Shit Happens’ Riley pompously waving his knob about and declaring ‘I’ll never shop a source’, as if he was Luther nailing his scrotum to the church door.
And they seriously wonder where the now-rampant ‘fake news’ epidemic was incubated?
LOL Thank you Jack! Your comment said it so well and far better than I could.
Funniest part for me was their omnipotency “Cash wasn’t lying : because we’re journos and we can tell when someone’s lying!”? …. And Cash is only a lawyer : a degree in equivocation?
Yeah. It’s the humunguous arrogance on display, K, ain’t it: yon mighty journalist, only beastie in the ‘farmyard of troof’ smart enough to keep the epistemological gate…
Seriously? You’re actually arguing the right – nay, the responsibility! – of journalists to keep the promise of confidentiality to their sources, is somehow a bullshit betrayal of democracy? Even for you – who countenances no disagreement whatsoever, except as it comports to your own intolerance – this constitutes an astounding new front! (And quietly, just between us, I don’t think ‘epistemological’ means anything anywhere like what you possibly think it means.)
Epistemology (as I understand/mean it at least) is the theory or philosophy of knowledge, of information, ie what we ‘know’, how we define it, husband it, benchmark it, trade in it… It’s probably a bit more academically specific than I tend to use it, Will? (My degree’s in HPS but …you know…a little knowledge is a etc…) Happy to be harshly corrected if there’s a better word (AR?) …though would hate to have to, it does rather make me sound more cleverer than I yam, which is why I lob it about so much. That and the fact that I think it (the subject if not the label I use anyway) is ‘the’ biggest ishoo of our time…ties into everything from climate change to Meeja to ‘free speech’ to democracy to…everything.
Anonymity? I just don’t rate it. Think it’s bullshit. For journalists, whistleblowers, pollies…even comment box threads, ‘Will’!
* ducks, scuttles away*
Never understand why so many obviously smart cookies with smart and interesting graffiti to daub hereabouts feel the need to hide their authorship behind a street tag…to me it strips intelligence of agency, if concreteness…thus I’d credibility. (It’s false humility, too, of course. And somewhat self-aggrandising…the CIA/MI5/MIC/your bosses don’t give a fuck about our dazzling prose here, Crikerian ‘Deep Froaters…:-)
https://www.google.com.au/search?source=hp&ei=lHf3WYHVBsi50AS8r5j4CQ&q=epistemology+definition&oq=epustemology&gs_l=mobile-gws-hp.1.1.0i10k1l5.1275.4300.0.5336.13.13.0.1.1.0.379.3219.2-9j3.13.0….0…1.1.64.mobile-gws-hp..0.13.3238.3..0j41j46j0i131k1j0i46k1.257.O05jD-Ss1n4
Kind of relevant just now, you’d think…
In reply to (anonymous) Will.
Seriously? This is the same argument about priests using the confessional to shield other priests who abuse children and continue to do so through their long careers in the Catholic church. It’s a bs argument and at least for a while, politicians are on notice that their bs politically manipulative leaks are no longer perfectly hidden from the public.
Of course we see the media flunkies closing ranks and no doubt censuring the young & naive BuzzFeed journalist for revealing the ugly truth. Which we all knew anyway. One can only hope that the staffer gets prosecuted pour encourager les autres, then maybe it might even lead to further humiliation for Cash who so richly deserves it. Indeed a stretch of porridge wouldn’t be amiss, this abuse of power is so serious.
This is not helping democracy and in fact is clearly injurious–perhaps never more so than the KRudd leaks to Oakes (one of the more over-rated insiders in the old media). It destroyed the Gillard government and installed first Abbott then Turnbull for a prolonged period of dysfunctional hyper-partisan “government”.
What do you think is really lost by this removal of anonymous poisoning of the media?
Incidentally, it appears ok to the journos that Oakes leaked that comment by Turnbull, using the extraordinarily lame excuse that because he (Oakes) was not actually at the dinner he was not covered by the unwritten confidentiality rule. Presumably some other journo who was at the dinner leaked it to him, and with Oakes about to retire he felt inured to any blowback. Wonderfully brave of him, huh?
Bang on both times, Michael R James. Absolutely spot on. How the hell does it ‘benefit’ journalism/democracy for journalism/ democracy to be based upon bullshit, half-truths, rumours, innuendo, chinese whispers, gossip, hearsay, cocked eyebrows, double secret probation codes, insider handshakes, winks n’ nods, grunts, mutters, mumbles and what this mate of a mate heard from this bloke who was rooting the daughter of a Commcar driver’s neighbor. The whole ‘shadowy all-knowing inside source leaker’ thing – spawned by Wattergate, the most over-rated journalistic episode in modern history – has been a net catastrophe for the democratic polity. Whatever we gain from occasional authentic public interest leaked info we lose 10, 20, 30 fold in the infantile schoolyard white anting enabled by this b/s ‘convention’. And as MJR also points, it’s entirely selective. If ‘shopping a source’ gives ‘em an even bigger story, sooner or later of course they will.
whistleblowing
Whenever you make a secret deal with a political party, you are pushing your readership off a cliff for the sake of your publication and your career.
Please don’t dress up the dog’s vomit as salad dressing.