Melbourne reporters should be forced to reveal confidential sources, court hears

http://www.theguardian.com/australia-news/2015/sep/19/melbourne-reporters-should-be-forced-to-reveal-confidential-sources-court-hears

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A group of Melbourne journalists should be forced to reveal their confidential sources, a court has heard.

But the reporters fear naming their contacts could put lives at risk.

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Antonio “Tony” Madafferi claims several articles published by the Age defamed him and wants the Victorian supreme court to force the newspaper into revealing who supplied the details.

Madafferi was last year banned from Crown Casino by Victoria’s police chief commissioner because of his alleged ties to organised crime.

Counsel for the Age on Friday told judge John Dixon Madafferi did not need to know the sources’ identities for the purpose of his defamation claim.

“Why do they need to know who the sources are?” Matthew Collins QC said.

Madafferi’s barrister, Georgina Schoff QC, argued it was important for her client to determine whether the allegedly defamatory information came from a reliable source.

“It’s critical to know who the source is and what axe he has to grind,” she said.

The sources did not need protection for their safety, Schoff said.

“We’re not talking about police informants, we’re talking about outing people who have given information to an award-winning journalist,” she said.

“To suggest someone might try and knock off one of his sources is, in our submission, fanciful.”

But one of the journalists in Madefferi’s defamation case, Nick McKenzie, fears for the safety of his sources, according to an affidavit tendered to the court.

“I hold grave fears for the safety of any persons who speak to me confidentially about Tony Madafferi’s activities,” McKenzie said.

Schoff said the court needs to balance the rights of a free press and the rights of the individual not to be defamed.

“We see a recognition in court between ... my client’s right to protect his reputation and the media’s right to protect their sources,” she said.

Dixon has reserved his decision.