Sun.Star Cebu

Leaks to the press not so bad

Not when they expose wrongdoing or avert disaster in governance

- PACHICO A. SEARES publicands­tandards@sunstar.com.ph or paseares@gmail.com

U.S. President Donald Trump was fuming over the leak of informatio­n to the media that brought down his senior security adviser Mike Flynn and other unfortunat­e events that embarrasse­d his less-than-a-month-old administra­tion. This thing first: Trump attacked media, notably New York Times and Washington Post, for the leaks when the flow of informatio­n came from his government. He declared in a tweet: “The spotlight has finally been put on the low-life leakers! They will be targets.” And then, warning he’d sic the justice department on suspects, proceeded to attack media.

When exempt

The leakers are clearly the people in government who knew about Flynn’s phone calls to Russian contacts. Media are the “leakees,” which by U.S. law are not liable under the Supreme Court’s broad mantle of protection laid down in the Pentagon Papers case, New York Times Co. vs. the United States.

In Bartnicki vs. U.S., media using leaked material may not be liable if (1) it had no part in its theft, (2) media didn’t receive the informatio­n illegally, and (3) the matter published is of public interest.

Since our laws are modeled after U.S. precepts, the rulings may have, at least, persuasive influence on Philippine courts.

Why the leaks

Leaks are nothing new in government­s, big or small. Each City Hall or Capitol has its share of officials and employees who release informatio­n to media unofficial­ly or prematurel­y.

Generally, no harm is done by a leak unless it’s sensitive and the top official doesn’t want it publicized, puts it off, or would like to announce it himself.

Why the leak? The leaker may aim (a) to please a journalist in return for past or future favor, (b) spite a competing media person who offended him, (c) test public reaction to an idea, akin to a trial balloon, (d) embarrass and put down a political rival, or (e) help douse water on a fiery scandal in which he is involved. The leaker may be a public official with personal or partisan agenda.

The Obama administra­tion, for example, did a lot of leaking, notably news that would boost its image. It only hated, a critic said, leaks that embarrasse­d its officials or exposed a serious offense or mistake.

What to keep eyes on

The journalist is just the beneficiar­y who’s doing his job. Yet there are legal and ethical limits on publicizin­g a leak. If the publicatio­n violates an express provision of law, the source of the informatio­n doesn’t make a difference.

If the material concerns a purely private matter, which does not affect public interest, media needs to be careful. Or when the leak involves national security or an issue that tends to incite political or religious unrest or endanger people’s lives.

But they may watch out for “the good leak” too: when it can avert a wrongdoing or disaster in governance or, the least, help the public better informed. MEDIA’S PUBLIC IN SUNSTAR ONLINE www.sunstar.com.ph Click on home page “Public and Standards Editor” or this:

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