MART
797 16:16 TIE (OOU) HK GOWT
C
Oneobot1oz that han be wade to the struture of the
offence is that in order to establish the defence of having reasonable
grounds to believe the truth of the nove, journalists may have to reveal
their sources, thereby breaking one of the ethical rules of their
profession. That could certainly happen in some cases, where the
information has been given on condition of anonymity, although of
douree the need to rely on the defence at all would only arise if the
prosecution had first established the three ingredients of the offence.
tual lich an arise in other contezte as
well so not contini to Journalists. Others whose prorassional
1
othlon Quire then to dentality, such an polects and
doctorns may sino find themselves asked questions in court about theso
matters. In practice the courts has alwaye bantley Bush situatione
with great sensitivity. Whe court will first determine wheth the
Question really needs to ho answered for the purpose of Boise justice
If it does, then the court will, if the witness ac
ve
requests, allow him to write down the uomo, or whever it dvy and that piece of paper will be shown only to those who need to see it, evg, that if the judge or magistrate, the jury (if there is one) and coimsel.
The court can direct that the person whose name is written on the paper #ball thereastor be referred to as "Mr.Kand that nothing shall be
said in court which might reveal his identity. This is a well-tried
prooedure which works well, even where it is the witness himself whe
$
yhty, for arampie tho viotan of blackmall or a prosecution
deprisals
otosray from the derandast friends.
P.12