What is required by law if a journalist wishes to use material obtained through subterfuge?

The requirement that a journalist must justify the use of material obtained through subterfuge as necessary for the public interest is rooted in ethical journalism practices and legal considerations surrounding privacy and consent. Subterfuge often involves deceptive practices to gather information, which raises significant ethical dilemmas and potential legal issues related to privacy rights.

To protect both the integrity of the journalism and the rights of individuals, journalists are generally required to demonstrate that the information gained through deceptive means is crucial for exposing matters of public concern. This justification acts as a safeguard to ensure that the use of such methods is not taken lightly and that there is a compelling reason to prioritize the public's right to know above challenges to individual privacy.

In many jurisdictions, failing to provide this justification can result in legal repercussions, such as defamation claims or violations of privacy laws. Therefore, ensuring that the use of subterfuge is justified in the context of serving the public interest is essential for a journalist's legal and ethical responsibility.