取材源の秘匿

Federal appeals court: Journalists can’t decline to testify in criminal trials

By Matt Zapotosky and Justin Jouvenal,

The majority of judges ruled, effectively, that neither the First Amendment nor common law offers protection to journalists who promise anonymity to their sources from having to testify about them in criminal proceedings.


“There is no First Amendment testimonial privilege, absolute or qualified, that protects a reporter from being compelled to testify by the prosecution or the defense in criminal proceedings about criminal conduct that the reporter personally witnessed or participated in, absent a showing of bad faith,” Chief Judge William B. Traxler wrote.




Some experts said the ruling essentially affirms the status quo, while news media advocates said it might have a chilling effect on the willingness of people to leak information in a climate where leakers already are vigorously pursued.

　取材源の秘匿は憲法上保障されたものではなく、匿名を約束した記者も法廷にでて犯罪行為を証言する義務がある、と米裁判所

　しかし、保障されないとすれば、情報提供に関して萎縮効果があるのでは、と。