1. Legal Issues When Gathering Information
Digital Media
Mrs. Huddleston

2. 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

3. 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

4. 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

5. 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

6. 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Off the record = not for publication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

7. 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

8. 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

9. 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

10. 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

11. 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