This document discusses ethics and law related to op-eds and journalism. It provides guidance on proper comma use and the elements of an op-ed. It then covers legal issues like defamation, invasion of privacy, and copyright to help avoid lawsuits. Key tips include using waivers, attributing quotes, avoiding embarrassing others, and only sharing limited employee information with media.

1. JOURNALISM 370
FEBRUARY 27, 2012
LAW, ETHICS AND AND OP ED

2. Comma Use via @markraganceo
• 1. If you combine two full sentences with a
conjunction, you need a comma.
• What makes a sentence? A subject and a verb. In
other words, an object and an action.
• If you have two complete sentences, you must
combine them with a conjunction (the most
common of which are and, but, and or).
• In this case, there needs to be a comma before
the conjunction.
• Example: John writes press releases, and Jill
writes business blogs.

3. Comma Use via @markraganceo
• 2. If you begin your sentence with an
introductory phrase, you need a comma.
• These phrases often begin with words such as
after, although, as, when, if, because, and even. A
comma should separate the introductory phrase
from the independent clause.
• Example: Although I am adept at writing press
releases, I need assistance in sending them out to
news outlets.

4. Comma Use via @markraganceo
• 3. If you include a series of nouns in your
sentence, set them off with commas.
• A list of items in a sentence can get tricky
without correct comma placement.
• Use commas to separate each item in the list.
• AP Style says no comma after the last item in
the list.
• Example: Press releases, blogs and Web
content are all useful for your small business.

5. Comma Use via @markraganceo
• 4. If you include extra information, set it off with
commas.
• Sometimes you will include extra description of a
noun in your sentence.
• I call it "extra" because it simply is not necessary.
If you removed it, you'd still have a good, sensible
sentence.
• Set this information off with commas.
• Example: Bill, who is a pretty decent writer,
handles all my business blogging needs.

6. Comma Use via @markraganceo
• 5. If you have a quotation in a sentence, you
need a comma.
• Some people have a habit of just adding quotes in
the middle of a sentence without setting them off
with commas. This doesn't work.
• If your quote calls for a comma at the end, make
sure it's inside the quotes.
• Example A: Bill told his friend, "Business blogging
is all about thinking outside the box."
• Example B: "I really need to get this press release
sent out," Bill said.

7. OP ED
A GOOD WAY TO FORMAT
What is the problem?
What is your opinion on the problem?
What is your supporting information?
What is the solution?
Why should the reader care?

8. Feature Thoughts
• You need quotes.
• You need context.
• You need reactions
– Why are people doing this?
– How did they get started?
– The best features had great details.
– The ones that struggled didn’t.
– This is the journalism part of J370.

9. HOW CAN YOU GET SUED
• Writing misleading press releases
• Making misleading or false product/service
claims
• Creating front groups
• Insider trading
• Invasion of privacy
• Misrepresenting earnings
• Conspiracy

10. REAL WORLD BACKGROUND I WISH
I KNEW WHEN I WAS IN SCHOOL
• The key is avoiding lawsuits.
• You may be legally correct. It might not
matter.
• Lawsuits are costly…even if you win.
• Waivers are your friend.
• Written correspondence is your friend
• When in doubt, ask.

11. Libel and Defamation
• Here’s how you prove it.
– Statement was broadcast or published.
– You can ID who wrote it.
– Actual injury occurred…that includes losing cash.
– Publisher was negligent or acted with malice.

12. Libel and Defamation
• Different proofs required for “public figures”
• Corporations are considered public figures
• Truth is defense against defamation charge

13. FAIR COMMENT…
GET OUT OF TROUBLE CARD
• Opinions are protected as long as criticism is
done with honest intention and a lack of
malice.
• Protects critical comments of executives.
• Protect yourself when writing criticism.
– Accompany opinion with facts on which it’s based.
– Attribute quoted opinion to an individual.
– Review context of surrounding language for
defamation.

14. AVOIDING DEFAMATION SUITS
• #1 rule: Watch your language
• Choose innocuous language when talking
about personnel issues.
– We wish them well in their future endeavors.
• Avoid unflattering representations of
competitors.

15. INVASION OF PRIVACY
• Employees don’t waive their right to privacy
• Employee newsletters
– Avoid anything that might embarrass employees
– Focus on organization-related activities
• Photos of employees
– Implied consent for “news” use, not promotion
– Maintain photo records

16. INVASION OF PRIVACY
• Use of photos/quotes in publicity or
advertising
– Need signed consent to use photos or quotes in
promotional materials

17. INVASION OF PRIVACY
• Media inquiries about employees
– Only provide confirmation of employment, title
and job description, date of employment
beginning and end
– Don’t provide address, marital status, number of
kids, job performance or salary
– Serve as liaison between reporter and employee

18. INVASION OF PRIVACY
• Employee blogs
– Prohibit comments about other employees and
confidential product information
– Employee guidelines for virtual online
communities

19. COPYRIGHT LAW
• Protection of “fixed” works in any “tangible
medium.” Yes, this includes digital.
• Work is automatically copyrighted the
moment it is “fixed.”

20. COPYRIGHT LAW
HOW TO BE SAFE
• Fair use allows you to quote part of a
copyrighted article, but brief enough not to
harm the original work
• Social Media makes this an evolving jungle.
• When in doubt, ask.
• When in doubt, have a waiver.

21. COPYRIGHT LAW
HOW TO BE SAFE
• You can’t copyright ideas.
• You can copyright the expression of those
ideas.
• Copyright your PR content. That’s why you
hire lawyers.