| It is generally accepted that confidential source greatly damage the authenticity of the news.From the current practice point of view,the media has a tendency to abuse confidential source.It caused a lot of false news and false reports.For that reason,many people think,the discussion of the legal protection of confidential source will inevitably become empty talk,in the case of whether the media should use anonymous message sources still remains a doubt.However,there are also media encounters malicious lawsuit after they made heroic efforts to investigate and fulfilled the duty of professional attention.This article is not intended to discuss the legitimacy of the media using anonymous message sources,but find out the reason of the losing rate of media infringement litigation involving confidential sources is extremely high.This is partly due to judicial practice of excessive protection of private rights.The construction of the judicial process is not perfect.On the other hand,the media is responsible for the confidentiality of confidential sources,media will suffer a huge burden of proof and lose the lawsuit because of the failure on burden of proof.However,the lawsuit between World Luxury Association(WLA)and media provided new case reference for us.Since the media eventually won without confidential sources taking the stand.This article is based on a deep analysis of the case and related cases,analyzing the judicial boundaries of the use of confidential sources of information that lead to the protection of infringement and legitimate rights,clarifying the triple conflict between media practice and judicial practice.The purpose of this article is to put forward some new ideas on the the protection of the rights of the media and rights of confidential sources.For example,optimizing the distribution of burden of proof in media infringement,enduing media with right of special permission in defense,constructing confidential sources witness protection system. |
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