Shield laws protect people from legal inquiry, particularly in journalism and sexual assault cases. They vary by country and are constantly being reformed. Shield laws in journalism protect sources, allowing reporters to assure confidentiality and get better stories. In sexual assault cases, shield laws are used to hide prejudicial evidence and protect victims from damaging testimony.
A shield law is a law that protects people from certain lines of legal inquiry. Shield laws are most commonly used to protect journalistic integrity and to offer certain protections to individuals involved in sexual assault cases. Not all nations have shield laws, and the nature of those laws varies widely, with constant reforms to those laws being proposed by lawmakers.
In the context of journalism, a shield law protects journalistic sources. The idea is that people might be afraid to approach reporters with classified information if they knew that reporters might be forced to reveal their sources and that doing so would compromise the integrity of the news. Shield laws allow journalists to assure their sources that they will remain confidential, allowing journalists to get better stories.
In a classic example of the use of shield laws to protect journalists and their sources, Washington Post reporters Bob Woodward and Carl Bernstein have refused to reveal the identity of “Deep Throat,” the source they used for the their groundbreaking denunciation of the Watergate scandal. Despite pressure to reveal their source, they refused to, until Deep Throat finally revealed itself in 2005.
Under a shield law, a reporter can refuse to answer questions that could compromise his sources. This could be seen as protection similar to that afforded to whistleblowers in some countries, with the goal of getting information in the public eye while protecting the source of that information from repercussions. News sources are at regular risk of losing their jobs or facing legal penalties for providing information, and they rely on protective laws for protection.
Some people argue that a story carries more weight when the source is revealed, and journalists certainly prefer to use sources they can identify and cite, as it increases the integrity of the story. However, there are situations where an anonymous source may be needed, and those sources can be critical and invaluable, especially in the case of major breaking news. By having a protective shield law, journalists can access those sources with confidence.
In sexual assault cases, shield laws are used to seize prejudicial evidence. For example, if a rape victim weren’t a virgin, this information could be considered prejudicial, so the defense wouldn’t be allowed to bring up this argument. Shield laws are also used to hide the identity of victims of sexual assault and to protect them from having to give damaging testimony. The defense, for example, cannot question the witness about her sexual history in countries with an anti-rape law.
Protect your devices with Threat Protection by NordVPN
