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370 october 5_Libel and Op Ed
- 1. JOURNALISM 370 OCTOBER 5,2011 AVOIDING LAWSUITS AND WRITING AN OP ED
- 2. BLOGS OF THE WEEK • h@p://blogs.hbr.org/ • h@p://pewresearch.org/
- 3. THOUGHTS ON MEDIA ADVISORY • WriQng More Crisp • Don’t be afraid to ask quesQons – The material you’re given for a project can o^en be insufficient to complete the work. – You have to fill those gaps. • This is an invitaQon – Your a@enQon to detail is good. – Watch going over the top.
- 4. LET’S AVOID A LAWSUIT
- 5. HOW CAN YOU GET SUED • WriQng misleading press releases • Making misleading or false product/service claims • CreaQng front groups • Insider trading • Invasion of privacy • MisrepresenQng earnings • Conspiracy
- 6. 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 ma@er. • Lawsuits are costly…even if you win. • Waivers are your friend. • Wri@en correspondence is your friend • When in doubt, ask.
- 7. Libel and DefamaQon • 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.
- 8. Libel and DefamaQon • Different proofs required for “public figures” • CorporaQons are considered public figures • Truth is defense against defamaQon charge
- 9. FAIR COMMENT… GET OUT OF TROUBLE CARD • Opinions are protected as long as criQcism is done with honest intenQon and a lack of malice. • Protects criQcal comments of execuQves • Protect yourself when wriQng criQcism – Accompany opinion with facts on which it’s based. – A@ribute quoted opinion to an individual – Review context of surrounding language for defamaQon
- 10. 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 unfla@ering representaQons of compeQtors
- 11. INVASION OF PRIVACY • Employees don’t waive their right to privacy • Employee newsle@ers – Avoid anything that might embarrass employees – Focus on organizaQon-‐related acQviQes • Photos of employees – Implied consent for “news” use, not promoQon – Maintain photo records
- 12. INVASION OF PRIVACY • Use of photos/quotes in publicity or adverQsing – Need signed consent to use photos or quotes in promoQonal materials • Media inquiries about employees – Only provide confirmaQon of employment, Qtle and job descripQon, 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 • Employee blogs – Prohibit comments about other employees and confidenQal product informaQon – Employee guidelines for virtual online communiQes
- 13. COPYRIGHT LAW • ProtecQon of “fixed” works in any “tangible medium.” Yes, this includes digital. • Work is automaQcally copyrighted the moment it is “fixed.” • Work can be formally copyrighted through Library of Congress, but registraQon isn’t required for protecQon
- 14. COPYRIGHT LAW HOW TO BE SAFE • Fair use allows you to quote part of a copyrighted arQcle, 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.
- 15. 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.
- 16. COPYRIGHT LAW • Fair use – A@ributed quoted material that is brief compared to the enQre work – Permission required when used for promoQon. • Photography – Photographers retain ownership of their work – NegoQate use carefully • Work for hire – When working as an employee, copyright belongs to organizaQon • Digital material protected by copyright
- 17. TRADEMARK • Trademark is a word, symbol, or slogan idenQfying a product • Trademarks are proper adjecQves • Trademarks should not be pluralized or used as verbs • PR plays an important role in protecQng trademarks • Unauthorized use of celebriQes is misappropriaQon of personality.
- 18. LET’S AVOID A LAWSUIT • You’re doing PR for Costco. • The VP has just been fired for embezzling money. • The media calls you asking for informaQon. • What can you tell them?
- 19. LET’S TALK OP ED
- 20. WHY WRITE ONE? • Allow PR to reach opinion leaders • Op-‐ed authors are perceived as experts on the issue • Op-‐eds are exclusives OP-‐eds are controlled media. This is rare in media rela4ons and publicity
- 21. WHY WRITE ONE? • These can talk about policy. • These can promote events more blatantly. • You’re worried the reporter will screw the story up. OP-‐eds are controlled media. This is rare in media rela4ons and publicity
- 22. OP ED IDEAS • 750 words max for an op ed. • You need to have one main idea. • Hit it early, and don’t veer off course. • Short powerful sentences • You need facts to verify your claims.
- 23. OP ED IDEAS • Don’t say, “I think.” State it. – I thinks this is a bad idea. – This is a bad idea. • Don’t send out op eds in bulk. • Do call an editor to see if a paper takes them.
- 24. LETTER TO THE EDITOR DIFFERENCES • They are shorter (200-‐500 words) • You react to news and should state what sparked the le@er. • State the theme of your le@er a^er saying why you are wriQng • A le@er to the editor is a counter punch. An Op ed can be an a@acking punch.
- 25. OP ED A GOOD WAY TO FORMAT What is the problem? What is your opinion on the problem? What is your supporQng informaQon? What is the soluQon? Why should the reader care?
- 26. OD ED ROOM TO BE BETTER • Hit harder. • Short, choppy sentences. – This is wrong. – We can do be@er. • A le@er to the editor should be a slap in the face and call to acQon.
- 27. OP ED ROOM TO BE BETTER • In terms of subject ma@er, think beyond your organizaQon. – We are worried about rising energy and food prices. – Buying local saves money. – It protects jobs. – Our client helps in both areas. • You can’t do this if you don’t follow current events.
- 28. ASSIGNMENT UPDATE • Your Feature was due Monday at the start of class . • It is now due one week from today, October 12, at 5 p.m. • So too is your op-‐ed and third reading memo. • Plan accordingly. • To help, October 12 is a working class. – Doors are open, but there is no class. – I am available via Skype at dan.farkas1 to take quesQons from 1-‐5.
- 29. ASSIGNMENT UPDATE • Your feature will be graded based on the class discussion we had Monday. • Your op ed will be graded based on the class discussion we had today. • Monday, we will review the news release and fact sheet.