Journalists'' Privilege in Protection of News Sources

• Main Authors: Li-Ta Fan, 范立達
• Other Authors: 林子儀
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/16990611432202718827

碩士 === 國立臺灣大學 === 政治學研究所 === 95 === This thesis is divided into seven chapters. Chapter 1 is an introduction to the motivation and the research purpose, method, and scope. Questions are raised. Beginning with Chapter 2, domestic legal cases are introduced, including the damage to news sources made by some reporters for being unable to refuse testifying in the court. Chapter 3 introduces some U.S. cases, including the 1972 Branzburg v. Hayes and the 2005 Judith Miller cases. Obviously, the U.S. Supreme Court does not believe that reporters enjoy more constitutional rights than ordinary citizens do. Chapter 4 further discusses a reporter’s relations with news sources and the importance of protecting such resources. Chapter 5 deals with a citizen’s obligation to stand witness in the fair judgment of a lawsuit, including the exceptions. It is found that some witnesses may refuse to give testimony under certain circumstances, so the question whether they should include reporters is discussed. Therein, the thesis explores the procedures of reporter protection in various Statesfor legislative reference of my country in the future. Chapter 6 proposes to codify reporters’ privilege of refusing to stand witness. In conclusion, whether a reporter has the right to reject to appear in the court should be judged by the three standards proposed by Justice Stewart. Besides safeguarding reporters’ privilege of not revealing new sources, media should be protected from search, detention, and bugging. This thesis also tries to make definitions on reporter and media of the new century. The last chapter of the thesis sums up the highlights of the foregoing chapters and reminds, in light of journalistic ethics, news workers of their basic commitment made when first entering this industry: “Defend the sources of confidential information with life.”