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Source protection, sometimes also referred to as source confidentiality or in the U.S. as the reporter's privilege, is a right accorded to journalists under the laws of many countries, as well as under international law. It prohibits authorities, including the courts, from compelling a journalist to reveal the identity of an anonymous source ...
Judith Wagner DeCew stated, "Pavesich was the first case to recognize privacy as a right in tort law by invoking natural law, common law, and constitutional values." [ 7 ] Samuel D. Warren and Louis D. Brandeis , partners in a new law firm, feared that this new small camera technology would be used by the "sensationalistic press."
Additionally, with people granted the right to review what was documented with their name, they are also able to find out if the "records have been disclosed" and are also given the right to make corrections.
The issue of a reporter's privilege came to the forefront of media attention in the 2005 case In re Miller, involving reporters Judith Miller and Matthew Cooper.Miller and Cooper were both served with grand jury subpoenas for testimony and information, including notes and documents pertaining to conversations with specific and all other official sources relating the Plame affair.
The human right to privacy has precedent in the United Nations Declaration of Human Rights: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."
Washington state, Texas, Arkansas, and Louisiana have laws limiting confidentiality as well, although judicial interpretation has weakened the application of these types of laws. [21] In the U.S. Congress, a similar federal Sunshine in Litigation Act has been proposed but not passed in 2009, 2011, 2014, and 2015. [22]
The right to privacy is a fundamental human right firmly grounded in international law. First recognised in the Universal Declaration of Human Rights—a soft law, [51] the right is later codified in successive (hard) international human human rights treaties, including the International Covenant on Civil and Political Rights. [52] [53]
The subjective right to privacy has the following features: it can be both individual and collective; arises in a person (individual subject) and belongs to him from the moment of birth, to the family (collective subject) from the moment of creation; not alienable; combines the norms of law, morality, in some legal systems of religion; is ...