Legal Issues When Gathering Information

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Presentation transcript:

Legal Issues When Gathering Information Digital Media Mrs. Huddleston

Legal Issues to Consider Tape Recording Story Preview Off the Record Anonymous Sources Protecting Sources Freedom of Information Digital Media Legal Issues When Gathering Information

Legal Issues When Gathering Information Tape Recording You must make known in advance that you are using a tape recorder. Place it in plain view and turn it on before asking your first question. Once on, state, “Mr. Smith, I am going to record this interview so that my notes are accurate.” Digital Media Legal Issues When Gathering Information

Legal Issues When Gathering Information Tape Recording Undercover work requiring taping someone without their knowledge requires a court order. Without one, the act of taping is illegal, and any evidence on the tape is inadmissible in court. Digital Media Legal Issues When Gathering Information

Legal Issues When Gathering Information Story Preview Reporters do not owe the source the opportunity to read the story before it is published. The source’s consent to do the interview is his consent that he trusts the interviewer’s journalistic standards. In some schools, administrations may have Prior-Review guidelines. Digital Media Legal Issues When Gathering Information

Legal Issues When Gathering Information Off the Record Off the record = not for publication If you decide to listen to comments that are “off the record,” you CANNOT publish them. Don’t even record them. You need to re-establish when the interview is back “on the record.” Digital Media Legal Issues When Gathering Information

Legal Issues When Gathering Information Off the Record Cont. Best policy: clarify at the beginning of the interview is on the record. This forewarns the source that he can’t disclaim things later. Digital Media Legal Issues When Gathering Information

Legal Issues When Gathering Information Anonymous Sources Credibility is the main factor. Any facts from an anonymous source must be verified by another source, preferably two. Once you have promised anonymity, you can’t change your mind or you could have a breach of contract lawsuit. Digital Media Legal Issues When Gathering Information

Legal Issues When Gathering Information Substituting Names Facts of source must first be verified. Story details must not give away the true identity of the source. Digital Media Legal Issues When Gathering Information

Legal Issues When Gathering Information Protecting Sources Laws vary from state-to-state regarding protection of confidential sources. Most states have not explicitly supplied laws to student journalists. The information must be worth fighting for! Digital Media Legal Issues When Gathering Information

Freedom of Information Government agencies, including public schools, are required to open their official records and meetings to the public. Private institutions are not necessarily guaranteed these same rights. Digital Media Legal Issues When Gathering Information