If the two principals had given the reporter the tape voluntarily, then the reporter indeed had the right to release it. Moreover, it was by no means a violation of the legal proscription against publicizing an ongoing investigation. The problem with this is that if the reporter did promise not to do the story, and then did anyway, then this violates journalistic ethics.
問題在錄音帶被發表成新聞，如果錄音帶為柯、涂兩人所給，記者則有權報導，並不違反法律禁止的「偵查過程不公開」原則，只是，若記者原先答應不報導，後來卻報導了，則有違新聞道德。