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Alert

Journalist faces possible imprisonment for refusing to reveal sources

(RSF/IFEX) - RSF has voiced concern over the penalty that could be imposed on "Hamilton Spectator" reporter Ken Peters if he is found guilty of contempt of court for refusing to reveal his sources. His sentencing is due on 25 November 2004.

"The confidentiality of sources is very rarely threatened in Canada, and sentencing Ken Peters to a fine or prison term would set a dangerous precedent for press freedom," the organisation said. "If the confidentiality of sources is not guaranteed, no one would agree to reveal sensitive information to journalists."

On 16 November, Peters was found guilty of contempt of court by Judge David Crane, in Hamilton, Ontario, after refusing to name a person who was present when sensitive documents were given to him by a source in 1995. He could be fined or imprisoned, but the judge could also decide not to impose a penalty.

The judge previously ruled that the promise of confidentiality that Peters made to his source did not apply to the other person present at the meeting. Peters argues that complying with the judge's order would be tantamount to indirectly revealing the identity of his source.

Peters was covering municipal affairs when he was given documents that revealed serious problems at a Hamilton retirement home, which he used as the basis for a series of articles. The retirement home filed a libel action.

Peters' lawyer said that, to his knowledge, no other journalists has been convicted for refusing to reveal their sources in Canada for at least 30 years. In the United States, on the other hand, this kind of legal action is becoming more frequent. The latest journalist to suffer this fate is Jim Taricani, of WJAR-TV, an NBC affiliate in Providence, Rhode Island. On 18 November, Taricani was found guilty of contempt of court, and now faces a possible six-month prison sentence (see IFEX alerts of 18 and 17 November and 2 April 2004).