Proceedings of the 2023 7th International Seminar on Education, Management and Social Sciences (ISEMSS 2023)

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Research on the Conflict and Coordination between the Protection of Anonymous News Sources and the Duty to Testify in Court

Authors
Yashu Sun1, *, Huiting Jiang1
1Changchun University of Science and Technology, Changchun, Jilin, China
*Corresponding author. Email: syslaw@163.com1
Corresponding Author
Yashu Sun
Available Online 31 October 2023.
DOI
10.2991/978-2-38476-126-5_145How to use a DOI?
Keywords
Anonymous news sources; Duty to testify in court; Burden of proof; Privilege to refuse to testify; Anonymous testimony system
Abstract

Anonymous news sources are indispensable for journalism and media and hold special significance for news organizations. In the judicial practices of news infringement cases, when anonymous information becomes crucial evidence in civil litigation, conflicting obligations arise between the duty to testify in court and the requirement to protect anonymous sources, which puts the media in a predicament: whether to disclose the identity of the anonymous source against professional ethics to win a lawsuit or to bear the risk of losing the lawsuit in order to protect the anonymity. With regard to protecting anonymous information sources and fulfilling the duty to testify in court, this paper analyzes the causes of the conflict with theoretical references and examines the judicial dilemma through specific cases, and intends to balance this dilemma by considering the reasonable allocation of the burden of proof, comprehensive evaluation of infringement elements, establishing a system of privilege to refuse to testify, and the expansion of the scope of anonymous testimony.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 2023 7th International Seminar on Education, Management and Social Sciences (ISEMSS 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 October 2023
ISBN
10.2991/978-2-38476-126-5_145
ISSN
2352-5398
DOI
10.2991/978-2-38476-126-5_145How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Yashu Sun
AU  - Huiting Jiang
PY  - 2023
DA  - 2023/10/31
TI  - Research on the Conflict and Coordination between the Protection of Anonymous News Sources and the Duty to Testify in Court
BT  - Proceedings of the 2023 7th International Seminar on Education, Management and Social Sciences (ISEMSS 2023)
PB  - Atlantis Press
SP  - 1327
EP  - 1333
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-126-5_145
DO  - 10.2991/978-2-38476-126-5_145
ID  - Sun2023
ER  -