Posted in Behind the News

AP’s everyday work of seeking access to government information, with names attached

, by Michael Oreskes

The rules by which journalists engage with government officials can sound arcane. “Background briefing.” “Off the record.” “Not for direct attribution.” But arguments over applying these rules are part of a struggle that really matters. Most democratic countries explicitly promise the right to speak and publish freely. But often only implied is the right to gather the information you want to speak about or publish, or to have someone gather it on the public’s behalf.

Which is why, at the AP, we see it as our everyday job to argue for access to the workings of government and the information government holds. Government officials increasingly offer to provide official information only on the condition that they are not identified as the source. These so-called background or off-the-record briefings are popular in government because officials can present information without taking responsibility for it. Without attribution it is hard for citizens to know whom in government to hold accountable. We believe anonymity should be reserved for sources who want to share important information with the public but could lose their job, or even their life, if they were identified. That clearly isn’t a risk for most government officials when they insist briefings be “on background.”

So AP journalists are instructed to ask that briefings be on the record. Sometimes they succeed. When government officials refuse, our journalists are instructed to use their best judgment about whether the information is important enough, and credible enough, to distribute despite the restrictions.

The struggle for access is not only about words. The White House often bars photojournalists from events with the president. The only images of those events are thus by government-employed photographers. You get to see only what the White House wants you to see. In those cases the AP generally declines to distribute the government handout photos, unless the restrictions were unavoidable.

The importance we place on being allowed to gather the news without interference was given a great deal of attention after it was revealed last month that the Justice Department had thrown an investigative drift net over the phone records of some of our reporters and editors to identify their sources. We protested, vehemently. As AP CEO Gary Pruitt said, this was an unprecedented intrusion and chilled our ability to gather news. The case was unusual, but our position flowed from the work we do each day to assure access to the workings of governments all around the world.