Legal Definitions - confidential source

A confidential source is an individual who provides information to either a law enforcement agency or a journalist with the understanding that their identity will be kept secret. This guarantee of anonymity can be explicitly stated or implicitly understood based on the circumstances. The law often provides protections to ensure the identity of such sources remains undisclosed, recognizing their importance in uncovering wrongdoing, informing the public, or aiding investigations.

• Example 1 (Law Enforcement): A government employee discovers evidence of widespread fraud within their department. Fearing professional retaliation, they anonymously contact a federal investigative agency, providing detailed documents and explaining the fraudulent scheme. They explicitly request that their identity never be revealed, and the agency agrees, understanding that protecting the source is crucial for obtaining critical information and ensuring their safety.

  Explanation: The government employee is a confidential source because they provided sensitive information to a law enforcement agency (federal investigative agency) under an express guarantee of anonymity, which allows the agency to investigate serious misconduct without exposing the source to harm.

• Example 2 (Journalism): An executive at a large pharmaceutical company learns that the company is knowingly suppressing negative side effect data for a new drug. Concerned for public health but afraid of losing their career, the executive secretly meets with an investigative journalist, sharing internal reports and emails. They insist that the journalist protect their identity at all costs, and the journalist agrees, using the information to publish a groundbreaking story exposing the company's practices.

  Explanation: Here, the executive acts as a confidential source by supplying critical information and documents to a journalist with an explicit agreement that their identity will remain secret. This enables the journalist to report on a significant public health issue while shielding the source from professional repercussions.

• Example 3 (Law Enforcement - Community Safety): Residents in a neighborhood plagued by organized crime are hesitant to speak to the police directly. However, one resident, witnessing a drug deal, anonymously calls a special police hotline, providing the exact location and time of the transaction. They do not give their name, and the police understand that the information is provided on the implied condition that their identity will not be sought or revealed, to protect them from potential retaliation by criminals.

  Explanation: This individual is a confidential source because they shared crucial intelligence with a law enforcement agency (the police) under an implied guarantee of anonymity. This arrangement is vital for the police to gather information about criminal activities in communities where direct cooperation might be dangerous for residents.