I am about to publish an article with allegations about someone. I have received my information from a source who wants to remain anonymous. I know this person and I trust them but I am still worried that the information may be considered defamatory. What should I do?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Esther Lam, Rozelle 2039 NSW
- Consider these issues:
- are you comfortable with the accuracy of the allegations being made by the source;
- how comfortable are you that the source is genuine;
- will your source give evidence if pressed;
- are the source's claims provable in court with or without the source's assistance;
- why won't the source go public:
- would the article have more credibility if the source was named; and
- you should not offer confidentiality to the source unless it is absolutely necessary as it is difficult to envisage circumstances in which a court will accept that you acted reasonably if you cannot name or produce your sources; and
- is there another source who will give evidence to confirm the material supplied by the confidential source.
- If you are still uncomfortable it is probably not a good idea to publish your material.