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Reporter's Privilege and Incentives to Leak
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Ido Baum
Veröffentlicht/Copyright:
16. November 2009
Journalists sued for defamation may refuse to reveal their anonymous sources. To escape liability under the traditional English rule, they then need to show proof that the news is correct. By contrast, many US states have switched the burden of proof such that plaintiffs must first present evidence that the news is false. Focusing on the incentives of sources to leak, we find that the American rule reduces the frequency of type I errors (true stories are not learned by the society) at the expense of a higher frequency of type II errors (the society believes wrong stories). The American rule is superior when courts are likely to find the truth without knowing the identity of sources, and when firms can severely punish even honest sources. Furthermore, when courts rule that sources must be revealed, they should ensure a higher compliance rate of journalists under the American rule.
Published Online: 2009-11-16
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Artikel in diesem Heft
- Article
- Macroeconomic Instability and Corporate Failure: The Role of the Legal System
- Prevention of Crime and the Optimal Standard of Proof in Criminal Law
- Does a Rise in Maximal Fines Increase or Decrease the Optimal Level of Deterrence?
- Benchmarks and Economic Analysis
- Pass a Law, Any Law, Fast! State Legislative Responses to the Kelo Backlash
- The Problem of Shared Social Cost
- A Cost of Tax Planning
- Never Two Without Three: Commons, Anticommons and Semicommons
- Unavoidable Accident
- Protecting Private Property with Constitutional Judicial Review: A Social Welfare Approach
- Measuring Criminal Spillovers: Evidence from Three Strikes
- Corruption on the Court: The Causes and Social Consequences of Point-Shaving in NCAA Basketball
- Valuation of Quality of Life Losses Associated with Nonfatal Injury: Insights from Jury Verdict Data
- Belief in a Just World, Blaming the Victim, and Hate Crime Statutes
- Do Citizens Know Whether Their State Has Decriminalized Marijuana? Assessing the Perceptual Component of Deterrence Theory
- The Structure of Incremental Liability Rules
- Firms' Motivations for Environmental Overcompliance
- Contingent Fees, Signaling and Settlement Authority
- Rethinking the Economic Model of Deterrence: How Insights from Empirical Social Science Could Affect Policies Towards Crime and Punishment
- Crime, Business Conduct and Investment Decisions: Enterprise Survey Evidence from 34 Countries in Europe and Asia
- Additive and Non-Additive Risk Factors in Multiple Causation
- The Devil Made Me Do It: The Corporate Purchase of Insurance
- Factors Affecting the Length of Time a Jury Deliberates: Case Characteristics and Jury Composition
- Hybrid Licensing of Product Innovations
- The Effect of Endogenous Right-to-Work Laws on Business and Economic Conditions in the United States: A Multivariate Approach
- The Choice in the Lawmaking Process: Legal Transplants vs. Indigenous Law
- Building Encroachments
- Reporter's Privilege and Incentives to Leak
- Decision Analysis on Whether to Accept a Remittitur
- Deterrence in Rank-Order Tournaments
- Self-Defeating Subsidiarity
- Do Broader Eminent Domain Powers Increase Government Size?
