Why do we have legislation that protects investigative journalists’ source confidentiality, yet social scientists are not afforded this privilege? I asked this question when reading a book regarding a scientist who opted to take 150 days in jail instead of turn over his sources to a Grand Jury. This story startled me given the freedom that many other professions have to keep confidentiality with their sources, patients, clients, etc. One profession in particular, journalism, stood out in my mind as distinctly less ethical in modern times than almost any field of contemporary scientific inquiry.
Do not get me wrong, I understand the necessity for journalists to be able to keep their sources confidential, but modern American journalism lacks the same ethical support system as academia. Examples of this support system are institutional review boards, a culture that stigmatizes the use of unethical practices, and peer reviewed publishing processes for disseminating work. Last time that I checked the field of journalism had none of these checks and a journalist eventually only had to answer to the editor. There are very little to no limitations on what can be reported in the media as well as how that information can be gathered (as seen recently by the News of the World phone hacking scandal).
Another major point that would make academia better suited for legal source confidentiality than journalism is that the majority of journalists are employed by giant media conglomerates. From this it would seem sensible to draw the conclusion that their loyalty lies with their employer, and thus profits, when making ethical decisions.
Academics are not all saints either and many academic institutions are more like corporations than sites of higher education. However, when placed next to one another it seems clearly sensible that if the law protects the confidentiality of journalism sources than it should also protect the confidentiality of social research sources.