7.
LLOME DELI
ར་
Even in the form proposed by the Administration
which
as far as the press is concerned is in substance the same as the
old section - this offence will certainly not be an easy one for
the Crown to prove. It would, in my view, be a travesty to
suggest that this new section will be a soft option for
prosecutors.
Disclosure of sources
8.
One
I will move now, Sir, to disclosure of sources.
objection that has been made to the structure of this offence is
that in order to establish the defence of having reasonable grounds to believe the truth of the news, 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 course the need to rely on the defence at all would only arise if the prosecution had first established the three
ingredients of the offence.
9.
This is a situation which can arise in other contexts
as well, and it is not confined to journalists.
Others whose
professional ethics require them to preserve confidentiality, such as priests and doctors, may also find themselves asked
In practice the courts questions in court about these matters.
The court
always handle such situations with great sensitivity. will first determine whether the question really needs to be
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