CubReporters.org, profile picture
Uploaded byCubReporters.org
PPT, PDF2,340 views

Journalism law

This document provides a summary of journalism law for copy editors. It discusses key concepts like the First Amendment, libel laws, invasion of privacy, copyright, and use of anonymous sources. Regarding the First Amendment, it notes that while it protects several freedoms, these rights are not absolute and must be balanced with other interests. It defines libel and provides examples of libelous statements. It also discusses the elements of invasion of privacy torts like public disclosure of private facts. The document covers copyright law basics and exceptions like fair use. It addresses legal issues around using anonymous sources and notes policies vary among news organizations.

Embed presentation

Downloaded 35 times
Journalism Law PrimerJournalism Law Primer What copy editors need to know Presented by Mark Grabowski for Dow Jones News Fund
Why it matters • The laws affect how journalists are able to do their jobs: what they can report on and what they can’t. • Most countries don’t allow the freedoms that the U.S. does. But we tend to take press freedom for granted.
• First Amendment rights must be asserted in order to be defended. • If you don’t know what your rights are, it’s easy for others to trample on them. • This often happens to students journalists because they are unaware that school administrators have violated the First Amendment. Why it matters: You have rights
Why it matters: The people you cover have rights, too… The media has a lot of influence and can ruin people’s lives. Erroneous and false reporting can result in million dollar lawsuits. Our society is very litigious.
First, some history… It all begins with the First Amendment. Press freedom is rooted in this.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. The First Amendment • A promise by the government to respect the individual rights of its people relating to: – Religion – Speech – Press – Assembly – Petition • First Amendment rights are not unlimited
First Amendment rightsFirst Amendment rights are not absoluteare not absolute The Supreme Court often balances First Amendment rights with other personal rights and societal interests such as the right to privacy; to protect reputation; to protect national security interests; and against obscenity, to name a few interests that are sometimes favored over First Amendment rights.
Only applies to government! • The First Amendment does not regulate the behavior of private actors • Private schools can restrict speech • Your editor/boss can restrict your ability to publish content • Webmasters can delete comments they don’t like • While you may have a right to publish something, there may be consequences (subscription cancellations, loss of advertisers, Twitter shaming, etc.)
Has evolved over time • The First Amendment was ratified in 1791 • Back then, there were only newspapers • The 20th Century brought radio and TV • In the 21st Century, the Internet is the main source of news • Technology has created new issues and challenges for press freedom
Beyond First Amendment • Press freedom is rooted in the First Amendment and no law can be created that limits the freedoms guaranteed in the First Amendment. • However, the First Amendment isn’t the only law that concerns the media. • State laws, for example, address reporter’s privilege. Local zoning laws regulate where newspaper stands go.
Legal Issues for Copy Editors • Censorship • Libel • Copyright •Employment Issues • Invasion of Privacy • Anonymous Sources
1. Censorship The Supreme Court has said injunctions preventing the exercise of speech should be viewed very skeptically--they carry "a presumption of unconstitutionality." See Pentagon Papers. But some exceptions: – Gag orders for trials – Pre-publication agreements for gov’t employees – Media coverage of military ops
Cyberspace “makes censorship almost impossible” - Media critic Jon Katz
Remember • Just because your newspaper may exploit the First Amendment to gather and report news doesn’t mean they won’t restrict speech when it comes to publishing viewpoints, letters to the editors, comments, etc. • Learn what your newspaper’s standards are for community commentary.
2. Libel Publication or broadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
Professor Wilson stole a school shuttle to take his family on summer vacation.
Libel defined… Publication or broadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
Beware! •Libel can appear is news stories, headlines, captions, etc. •If your newspaper prints a libelous letter to the editor, it can be liable for libel
Libel defined… Publication or broadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
Identification Although not explicitly identified by name, the "government executive who makes his home at 1600 Pennsylvania Avenue” clearly refers to the President of the United States.
Libel defined… Publication or broadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
Truth is an absolute defense to defamation. But there’s a catch: Knowing something is true and proving it’s true can be two different things.
Libel defined… Publication or broadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
“Pure” statements of opinion CANNOT be defamatory
Consequently, cyberbullying and “Internet trolling” is difficult to legislate against.
Myth As long as you preface your statement with a qualifier such as “In my opinion,” or “allegedly,” or “I think,” you cannot be successfully sued for defamation. False: While such qualifiers have their place, there are no “magic words” that will always shield you from liability.
Libel defined… Publication or broadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
This may be a lie, but does it really harm a reputation?
Red Flag Statements • Accusations of illegal conduct or involvement with the criminal justice system or criminals • Charges of sexual misconduct or promiscuity • Statements that attack a person’s honesty or integrity
Be especially careful with crime stories • Use correct terms • Don’t convict people of crimes before they’ve gone to trial
Terms: Some journalists confuse robbery, burglary, larceny and theft… •Larceny encompasses any wrongful taking of property. •Theft is larceny without a threat or violence, such as a picked pocket. Many forms of white-collar financial crimes are variations of theft. •Fraud is a form of theft, sometimes defined as theft by deception. •Tax evasion is another form of theft. •Auto theft is self-explanatory. •Robbery is a larceny accompanied by violence or threats, including a finger under the jacket to indicate a gun. •Burglary is the unlawful entering of a premises with the intent to commit a crime. A burglary does not involve violence. But if a homeowner discovers the burglar and violence ensues, the burglary becomes a robbery. (“Home invasion ,” a phrase that became popularized in the 1990s and was followed by special-penalty laws, is a break-in robbery.)
Avoid sloppy allegations… •Remember, in the U.S., people are presumed innocent until proven guilty. •So, until someone has been convicted of a crime by a judge or jury, you can not call him a criminal, burglar, murderer, etc. •Instead, use language such as “He has been charged with [crime]” or “She was arrested on charges of [crime]” – and attribute any allegations to police. •Otherwise, your media outlet could be sued for libel. Sometimes charges are dropped. Sometimes police botch investigations. Sometimes suspects win their cases and are vindicated. Be very careful with how you word your crime stories. People’s reputations are at stake, including yours.
Is this potentially libelous?
Why is this version safer?
One more requirement: Fault Required The First Amendment requires that in order for defendants to be held responsible for defamation, the person suing must show — at a minimum — that the reporter/editor acted unreasonably.
Public figures Under New York Times v. Sullivan, public officials and public figures are required to prove “actual malice” in defamation cases. Some other caveats…
Good news: You’re not legally responsible for libelous comments made by others on your newspaper’s website.
– Fair report privilege •Allows journalists to report anything said in official government proceedings. •Must be accurate and fair. Privilege and protection for sources and stories – Opinion privilege •Protects written opinions from libel suits. •Distinction between facts and opinion.
3. Invasion of Privacy Certain details about people, even though true, may be "off limits" to the press and public Truth is not a defense
a. Public Disclosure of Private and Embarrassing Facts • Examples: Publishing detailed information about a private person’s sexual conduct, medical/mental condition, educational records • Look for facts that are: – Sufficiently Private – Sufficiently Intimate – Disclosure would be highly offensive to reasonable person (shocking!) • Defense: Newsworthiness; consent
Examples • Examples could include publishing detailed information about a person’s: • Sexual conduct • Medical/mental condition • Addiction recovery • Educational records
b. Intrusion • Generally based on the act of newsgathering • Publication not required • Three most common types of intrusion: – Trespass: Going onto private property without the owner's consent – Secret Surveillance: Using bugging equipment, hidden cameras, other electronic aids – Misrepresentation: Invalid or exceeded consent (often in the context of undercover reporting) • Defenses: Newsworthiness; consent
Intrusion General Rule: You have the right to photograph anything from a public spot that you can see with the naked eye
Consent is generally required before newsgathering in a private space
c. False light • The unflattering, highly offensive portrayal —in words or pictures— of a person as something that he or she is not • Examples: Misleading caption published with a photo, inaccurate attribution of letter to the editor; careless use of photo morgue • Not recognized in all states
A student sued his school claiming that his face was used in a newspaper article warning teenagers about sexually transmitted diseases.
4. Copyright Infringement Using someone else’s original work without obtaining the copyright owner’s permission.
Purpose of Copyright • Progress/Advancement of Arts & Sciences – Recognized by framers of Constitution • Reward creative efforts • Encourage societal knowledge
Copyright Defined In order to qualify for copyright protection, a work must be: (1) original (2) fixed in a tangible form (3) show at least a minimal amount of creativity. Note: a work need not state it’s copyrighted or have the © symbol to be copyrighted.
Copyright can protect: • Photos • Stories • Illustrations • Logos • Even wallpaper Copyright does not generally protect: •Facts/ideas •Most federal governmental records •Works in public domain (e.g. copyright expired) •Odds & Ends (titles, •slogans, short phrases, •familiar symbols, etc.)
The General Rule If you didn’t create it and/or you don’t own the copyright to it, you must get permission to use it Except…
Fair Use: An Exception to the Rule • Using a limited amount of a copyrighted work for news, educational or informational purposes without consent may be permissible as a “fair use” • Not every use by a media or educational organization is a fair use
No magic formula to determine copyright infringement… • The Nation magazine was successfully sued by a book publisher after it published only 300 to 400 words of verbatim quotes from a 500-page presidential autobiography without the permission.
Other things to remember about copyright law • Law requires permission from copyright owner, not just attribution • Protects the works you create as well as those you may want to use • Ignorance of the law is not a defense
Copyright law protects material on the Internet!
Original work is being created now more than ever thanks to the Internet…
Using Facebook and Twitter pics without permission is illegal • A federal court ruled that Agence France- Press committed copyright infringement when it used a photo posted on Twitpic. • This applies to using photos from both professional photographers and regular people. • Fair Use likely won’t protect you.
Digital Millennium Copyright Act If you manage a blog or website that allows users to submit comments or post content, you can avoid being held responsible for copyright infringement by readers. The federal Digital Millennium Copyright Act (DMCA) has a limited safe harbor allowing publishers to escape liability for copyright infringement if they promptly pull down infringing material posted by outside parties (not staffers) after getting notice of the infringement.
Anonymity Abound The Internet has created an explosion of anonymous information… Who doesn’t like hearing a juicy secret?
Journalist’s dilemma • Journalists shouldn’t just print anything. SPJ Ethics Code states: “Seek the truth and report it.” • The reporter’s job is, as fully as possible, to conduct interviews and seek information on the record. • However, some people will only share information off the record. • Every good reporter wants a scoop, an exclusive story no one else has. But equally important is a reporter’s reputation. Can we trust the info? • Media needs to get facts right. Don’t want to get sued.
Issue • Anonymous sources, per se, aren’t bad. – Some of journalists’ best sources never appear in their stories, even as an “anonymous source” – Reporters may use anonymous tipsters to point them to public records and to on-the- record sources • The issue is quoting them in stories. – e.g., “a source who spoke on the condition of confidentiality said…”
Copy Editor’s Role • If the reporter tells you who’s the source, you could be exposed to legal liability. • Question whether use of an anonymous source is truly necessary – rarely is it necessary. • Know employer’s policy: Your newspaper may not even allow use of anonymous sources. • If you do cite an anonymous source, explain as much about source as possible & why it’s necessary for him/her to be anonymous. Readers deserve to know.
Policies differ • A poll conducted by the Associated Press and the AP Managing Editors Association found that editors at about one in four newspapers say they never allow the use of anonymous sources.
On the other hand • Unnamed sources have played a valuable role in journalism. From the Pentagon Papers to Watergate to the Abu Ghraib scandal, granting sources anonymity has provided the public with a window to important information that might otherwise have gone unreported.
Then again… • Journalists and media outlets have also gotten burned by anonymous sources: – Most O.J. Simpson reporting from unnamed sources was later deemed inaccurate. – Newsweek retracted a story based upon an unnamed source about a Qur'an being flushed down a toilet that led to riots in the Middle East – The L.A. Times retracted an article that relied on anonymous sources and implicated Sean "Diddy" Combs in the beating of Tupac Shakur – Unethical journalists sometimes disguise fabrications using anonymous sources
Clamp down on practice • One study found that large newspapers' use of anonymous sources dropped dramatically between 2003 and 2004. The Project for Excellence in Journalism found use of anonymous sources dropped from 29 percent of all articles in 2003 to just 7 percent in 2004.
Legal Issues • Most states, including New York, have a “shield law” or other protections that give reporters protection against being forced to disclose confidential information or sources • But… – There is no federal law – The state laws do not provide unlimited protection
Legal Issues • Branzburg v. Hayes (1972) found no right to protect sources • Gov’t can only ask for source’s identity as last resort and when there’s an “overriding and compelling state interest.” • So, a reporter who refuses to reveal his/her source could go to jail. • A copy editor privy to the source’s identity could also be subpoenaed.
Legal Issues • If you promise a source anonymity and violate that confidentiality, you could be sued for breach of contract – See Supreme Court ruling in Cohen v Cowles (1991)
Avoid accidental anonymity • Provide full names of sources. • Avoid things like: – “John said” – “A waitress said” • Remember: unnamed sources diminish your credibility. Avoid gratuitous use of them.
• The Poynter Institute, a renowned journalism think tank, offers criterion for assessing whether to use an anonymous source… Question whether anonymity is necessary…
How to decide • Is the information of overwhelming public concern? • There's no reason to use them when someone is attacking someone’s reputation, or speculating, or defending an institution, or even saying something completely innocuous
How to decide • Would speaking on the record put the source in danger? Get them fired? Risk future access? • If not, be wary because the source may have ulterior motives • SPJ’s Ethics Code warns: “Always question sources’ motives before promising anonymity.”
How to decide • Is there no other way to get the essential information on the record? • Don’t use anonymous sources if you could get the same information on the record – from records or another source.
How to decide • Does the source have verifiable and first-hand knowledge of the story? • Even if the source cannot be named, the information must be proven true. You need solid evidence, not just a hunch. • It's pretty tough to defend a libel lawsuit where your primary source for an allegedly defamatory statement can't be called to the stand in your defense.
How to decide • Are you prepared for the legal consequences? • Reporters have gone to jail in increasing numbers over the last few years to keep promises they have made to confidential sources in defiance of a court order. • Reporters have been pressured and sued for not revealing anonymous sources.
To use or not? 1. A Jets’ official said the team did not want to sign Richie Incognito because he would “poison the locker room.” 2. A source who insisted on anonymity said… 3. Sources at The Post asked not to be identified “for fear of appearing to embarrass a colleague.” 4. A man who came upon an assault victim in Manhattan feared speaking on the record because the attacker was still free. 5. The private college’s cafeteria received a poor grade from the New York City Department of Health because an inspector found evidence of mice and cockroaches, said a cafeteria employee who asked to remain anonymous for fear of retaliation.
6. Employee Rights There are some employment-related issues you should keep in mind. Remember, only the government can’t punish your speech. Your employee, however, can – even if you work for the press.
You don’t have privacy at work • Don’t send personal emails using work WiFi or devices. Courts have ruled that employees and students have no reasonable expectation of privacy when using an organization’s computer. Interns have been fired for emails they sent using their company’s email address. • It’s also OK for employers and prospective employers to Google stalk you. So manage your online reputation.
Your portfolio may expose you to liability • Be careful with your personal journalism portfolio. • If you’re posting content on your personal website that you were paid to produce as part of an internship or job – and it’s hidden behind the newspaper’s paywall – you’re technically violating copyright. Your employer probably won’t mind, but it’s best to ask permission to use.
• Be careful what you post online. Reporters have been fired for making posts about their jobs. They’ve even been fired for making tweets that are unrelated to their jobs on their personal blogs – you risk damaging the goodwill of your newspaper in the community’s eyes. – e.g., TV reporter Shea Allen • In many states, employers can legally require you to share your social media passwords with them. Social Media
Disclaimer This is not legal advice. This presentation was just a crash course to help copy editors recognize common legal issues that may arise. When in doubt, consult an attorney.
About the Presenter Mark Grabowski is a professor at Adelphi University in New York, where he teaches journalism & media law. Previously, he worked as a lawyer and a journalist. He holds a J.D. from Georgetown Law. For more info, visit markgrabowski.com or email mgrabowski@adelphi.edu.

More Related Content

PPT
Journalism Law
byCubReporters.org
 
PPT
Media Ethics
byDa Professa
 
PPTX
The Law of Print Media
byKia Sales Soneja
 
PPTX
ethics of broadcasting
bymanu mani
 
PPTX
PRINT JOURNALISM II- OBJECTIVES & PRINCIPLES OF EDITING
byTrinity Dwarka
 
PPTX
Theories of press10.09.2017
byJanardhan Juvvigunta
 
PPTX
Fake news
byexeterlibraryhelp
 
PPTX
In The Public Interest
byMuhammad Rawaha Saleem
 
Journalism Law
byCubReporters.org
 
Media Ethics
byDa Professa
 
The Law of Print Media
byKia Sales Soneja
 
ethics of broadcasting
bymanu mani
 
PRINT JOURNALISM II- OBJECTIVES & PRINCIPLES OF EDITING
byTrinity Dwarka
 
Theories of press10.09.2017
byJanardhan Juvvigunta
 
Fake news
byexeterlibraryhelp
 
In The Public Interest
byMuhammad Rawaha Saleem
 

What's hot

PPT
Media laws
byDa Professa
 
PPTX
3 c's of media convergence by uims, cu
byDr. Kamaljeet Kaur
 
PDF
Reporting Crime : Tools and Tips
byDr. ASHOK KUMAR
 
DOC
Ethics in media
byNational Institute of Mass Communication and Journalism, Ahmedabad
 
PPTX
Uses and gratification theory
bynoraimaarif1
 
PPTX
Agenda Setting and Gate keeping theory
byS Mahroosh Mazhar
 
PDF
Media Ethics
byLouise Jett
 
PDF
Headlines and its functions.pdf
byArvindaSD
 
PPTX
Challenges of Ethical Issues in Pakistani Media
byMuhammad Rawaha Saleem
 
PPT
Gatekeeping
byNational University of Modern Languages
 
PDF
Media Ethics
byVinaySingh615
 
PDF
Media Ethics
byLouise Jett
 
PDF
Expectancy Violations theory
byVirginia Bautista
 
PPTX
Broadcasting Ethics & Morals
byAasif Baloch
 
DOCX
Duties of journalism
byImanuel Basumata
 
PPTX
Investigative Journalism
byAbdul Rasheed APK
 
PPT
Journalism roles and values
byMass Media Lecturer, Minia University
 
PDF
Media Ethics: Privacy
byRachel Khan
 
PDF
Newspaper make up
byDeepali Meena
 
PPTX
Press commissin.
byHimanshu Kumar Chaudhary
 
Media laws
byDa Professa
 
3 c's of media convergence by uims, cu
byDr. Kamaljeet Kaur
 
Reporting Crime : Tools and Tips
byDr. ASHOK KUMAR
 
Ethics in media
byNational Institute of Mass Communication and Journalism, Ahmedabad
 
Uses and gratification theory
bynoraimaarif1
 
Agenda Setting and Gate keeping theory
byS Mahroosh Mazhar
 
Media Ethics
byLouise Jett
 
Headlines and its functions.pdf
byArvindaSD
 
Challenges of Ethical Issues in Pakistani Media
byMuhammad Rawaha Saleem
 
Gatekeeping
byNational University of Modern Languages
 
Media Ethics
byVinaySingh615
 
Media Ethics
byLouise Jett
 
Expectancy Violations theory
byVirginia Bautista
 
Broadcasting Ethics & Morals
byAasif Baloch
 
Duties of journalism
byImanuel Basumata
 
Investigative Journalism
byAbdul Rasheed APK
 
Journalism roles and values
byMass Media Lecturer, Minia University
 
Media Ethics: Privacy
byRachel Khan
 
Newspaper make up
byDeepali Meena
 
Press commissin.
byHimanshu Kumar Chaudhary
 

Similar to Journalism law

PDF
Libel Law
byStudentPressLawCenter
 
PPS
Pppresslawprimer
byDianne Smith-Harper
 
PDF
The First Amendment Handbook
byUmesh Heendeniya
 
PPTX
Press Law
byStudentPressLawCenter
 
PPS
Pppresslawprimer
byBrad Lewis
 
PPT
Class11 Law Ethics
byguestfcebc5
 
PPTX
Introduction to libel
byAigerim Mamyrova
 
PPTX
Online Defamation
byAndrew Wellman
 
DOCX
S chapter 4 defamation fall 2020the first amendment
bySHIVA101531
 
PPTX
Privacy V Public Interest
byedlarnold
 
PPT
Defamation (Libel & Slander)
byMiriam Smith
 
PPT
Edited basic newsgathering and publication speech (00006477)[1]
byinternewsarmenia
 
PPT
Intro to press regulation 1 the legal system
bylatymermedia
 
PPTX
Chapter 7
byJason Nix
 
PPTX
Media law
byMo Krochmal
 
PPTX
Media law
byHyun Ah Lee
 
PPT
Libel 101
byDan Kennedy
 
PPTX
How to write a good newspaper article
byYevgeniya Grigoryeva
 
PPT
An introduction to defamation
byCaroline Sutton
 
PPTX
MIL Module 7 Opportunities, Challenges and Threats in Media and Information
bysircuitsengineering
 
Libel Law
byStudentPressLawCenter
 
Pppresslawprimer
byDianne Smith-Harper
 
The First Amendment Handbook
byUmesh Heendeniya
 
Press Law
byStudentPressLawCenter
 
Pppresslawprimer
byBrad Lewis
 
Class11 Law Ethics
byguestfcebc5
 
Introduction to libel
byAigerim Mamyrova
 
Online Defamation
byAndrew Wellman
 
S chapter 4 defamation fall 2020the first amendment
bySHIVA101531
 
Privacy V Public Interest
byedlarnold
 
Defamation (Libel & Slander)
byMiriam Smith
 
Edited basic newsgathering and publication speech (00006477)[1]
byinternewsarmenia
 
Intro to press regulation 1 the legal system
bylatymermedia
 
Chapter 7
byJason Nix
 
Media law
byMo Krochmal
 
Media law
byHyun Ah Lee
 
Libel 101
byDan Kennedy
 
How to write a good newspaper article
byYevgeniya Grigoryeva
 
An introduction to defamation
byCaroline Sutton
 
MIL Module 7 Opportunities, Challenges and Threats in Media and Information
bysircuitsengineering
 

More from CubReporters.org

PPTX
Experience Adelphi: Emerging legal issues in an online world
byCubReporters.org
 
PPT
More Journalism Writing Tips
byCubReporters.org
 
PPTX
Associated Press Style
byCubReporters.org
 
PPT
Podcasting101
byCubReporters.org
 
PPTX
Journalism ethics
byCubReporters.org
 
PPTX
Op ed assignment
byCubReporters.org
 
PPT
Newspaper sidebar
byCubReporters.org
 
PPTX
Viewpoint diversity in higher education
byCubReporters.org
 
PPT
Blogging Assignment
byCubReporters.org
 
PPTX
Profile story assignment
byCubReporters.org
 
PDF
Advertising law-ethics
byCubReporters.org
 
PPTX
What is newswriting
byCubReporters.org
 
PPT
Copyright law
byCubReporters.org
 
PPTX
Internet law
byCubReporters.org
 
PPTX
Public Relations Law & Ethics
byCubReporters.org
 
PPTX
Broadcast law
byCubReporters.org
 
PPTX
Privacy law
byCubReporters.org
 
PPT
Journalism Ethics
byCubReporters.org
 
PPT
Defamation
byCubReporters.org
 
PPTX
First Amendment
byCubReporters.org
 
Experience Adelphi: Emerging legal issues in an online world
byCubReporters.org
 
More Journalism Writing Tips
byCubReporters.org
 
Associated Press Style
byCubReporters.org
 
Podcasting101
byCubReporters.org
 
Journalism ethics
byCubReporters.org
 
Op ed assignment
byCubReporters.org
 
Newspaper sidebar
byCubReporters.org
 
Viewpoint diversity in higher education
byCubReporters.org
 
Blogging Assignment
byCubReporters.org
 
Profile story assignment
byCubReporters.org
 
Advertising law-ethics
byCubReporters.org
 
What is newswriting
byCubReporters.org
 
Copyright law
byCubReporters.org
 
Internet law
byCubReporters.org
 
Public Relations Law & Ethics
byCubReporters.org
 
Broadcast law
byCubReporters.org
 
Privacy law
byCubReporters.org
 
Journalism Ethics
byCubReporters.org
 
Defamation
byCubReporters.org
 
First Amendment
byCubReporters.org
 

Recently uploaded

PDF
Family and Marriage __ Sociology __ Jhasketan Kuanar __ NURSING VIBE ONLY .pdf
byJK NURSING VIBES ONLY JHASKETAN KUANAR
 
PPTX
Overview of How to set priority in Odoo 19 Todo
byCeline George
 
PPTX
13 February 2026 - Bullying in education prevalence, impact and responses acr...
byEduSkills OECD
 
PPTX
How to perform product search based on a custom field from the Website Shop p...
byCeline George
 
PDF
Art, Memory, and Modernity: A Study of W. H. Auden’s In Memory of W. B. Yeats
bypriyarathod315
 
PPTX
Drug acting on ANS.pptx (Drug acts on Sympathetic and parasympathetic NS)
byManarat International University
 
PDF
Pharmaceutical Quality Assurance Unit 1 (BP606T)
byChetan Mali
 
PDF
"September 1, 1939": A Modern Reading of Auden in Times of Crisis
byKruti Vyas
 
PDF
Nursing care plan for Vomiting /B.Sc nsg
byDr. Sudhadevi Sadanandan
 
PPTX
Return For Exchange in Odoo 18 Inventory
byCeline George
 
PPTX
Renal Physiology- Functional anatomy of Kidney.pptx
byDisha Soriya
 
PPTX
Greengnorance Toolkit Module 6 Water Resources
byKarl Donert
 
PPTX
Greengnorance Toolkit Module 2 Energy saving
byKarl Donert
 
PPTX
Greengnorance Toolkit Module 3 Shopping and Food
byKarl Donert
 
PDF
Chapter 05 Drugs Acting on the Central Nervous System: Anti-Depressant Drugs
bySandeshSul
 
PPTX
Greengnorance Toolkit Module 5 Waste Management
byKarl Donert
 
PDF
Biological source, chemical constituents, and therapeutic efficacy of the fol...
bySai Meer College of Pharmacy
 
PDF
The Sheep and the Goat: Beckett’s Subversion of Divine Justice in Waiting for...
bysejadchokiya
 
PPTX
Problem and Solution (PowerPoint Game Template)
byacpaulite
 
PPTX
ELIMINATION NEEDS Fundamentals of Nursing .pptx
bySonali Gupta
 
Family and Marriage __ Sociology __ Jhasketan Kuanar __ NURSING VIBE ONLY .pdf
byJK NURSING VIBES ONLY JHASKETAN KUANAR
 
Overview of How to set priority in Odoo 19 Todo
byCeline George
 
13 February 2026 - Bullying in education prevalence, impact and responses acr...
byEduSkills OECD
 
How to perform product search based on a custom field from the Website Shop p...
byCeline George
 
Art, Memory, and Modernity: A Study of W. H. Auden’s In Memory of W. B. Yeats
bypriyarathod315
 
Drug acting on ANS.pptx (Drug acts on Sympathetic and parasympathetic NS)
byManarat International University
 
Pharmaceutical Quality Assurance Unit 1 (BP606T)
byChetan Mali
 
"September 1, 1939": A Modern Reading of Auden in Times of Crisis
byKruti Vyas
 
Nursing care plan for Vomiting /B.Sc nsg
byDr. Sudhadevi Sadanandan
 
Return For Exchange in Odoo 18 Inventory
byCeline George
 
Renal Physiology- Functional anatomy of Kidney.pptx
byDisha Soriya
 
Greengnorance Toolkit Module 6 Water Resources
byKarl Donert
 
Greengnorance Toolkit Module 2 Energy saving
byKarl Donert
 
Greengnorance Toolkit Module 3 Shopping and Food
byKarl Donert
 
Chapter 05 Drugs Acting on the Central Nervous System: Anti-Depressant Drugs
bySandeshSul
 
Greengnorance Toolkit Module 5 Waste Management
byKarl Donert
 
Biological source, chemical constituents, and therapeutic efficacy of the fol...
bySai Meer College of Pharmacy
 
The Sheep and the Goat: Beckett’s Subversion of Divine Justice in Waiting for...
bysejadchokiya
 
Problem and Solution (PowerPoint Game Template)
byacpaulite
 
ELIMINATION NEEDS Fundamentals of Nursing .pptx
bySonali Gupta
 

Journalism law

  • 1.
    Journalism Law PrimerJournalismLaw Primer What copy editors need to know Presented by Mark Grabowski for Dow Jones News Fund
  • 2.
    Why it matters •The laws affect how journalists are able to do their jobs: what they can report on and what they can’t. • Most countries don’t allow the freedoms that the U.S. does. But we tend to take press freedom for granted.
  • 4.
    • First Amendmentrights must be asserted in order to be defended. • If you don’t know what your rights are, it’s easy for others to trample on them. • This often happens to students journalists because they are unaware that school administrators have violated the First Amendment. Why it matters: You have rights
  • 5.
    Why it matters:The people you cover have rights, too… The media has a lot of influence and can ruin people’s lives. Erroneous and false reporting can result in million dollar lawsuits. Our society is very litigious.
  • 6.
    First, some history… Itall begins with the First Amendment. Press freedom is rooted in this.
  • 7.
    Congress shall make nolaw respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. The First Amendment • A promise by the government to respect the individual rights of its people relating to: – Religion – Speech – Press – Assembly – Petition • First Amendment rights are not unlimited
  • 8.
    First Amendment rightsFirstAmendment rights are not absoluteare not absolute The Supreme Court often balances First Amendment rights with other personal rights and societal interests such as the right to privacy; to protect reputation; to protect national security interests; and against obscenity, to name a few interests that are sometimes favored over First Amendment rights.
  • 9.
    Only applies togovernment! • The First Amendment does not regulate the behavior of private actors • Private schools can restrict speech • Your editor/boss can restrict your ability to publish content • Webmasters can delete comments they don’t like • While you may have a right to publish something, there may be consequences (subscription cancellations, loss of advertisers, Twitter shaming, etc.)
  • 10.
    Has evolved overtime • The First Amendment was ratified in 1791 • Back then, there were only newspapers • The 20th Century brought radio and TV • In the 21st Century, the Internet is the main source of news • Technology has created new issues and challenges for press freedom
  • 11.
    Beyond First Amendment •Press freedom is rooted in the First Amendment and no law can be created that limits the freedoms guaranteed in the First Amendment. • However, the First Amendment isn’t the only law that concerns the media. • State laws, for example, address reporter’s privilege. Local zoning laws regulate where newspaper stands go.
  • 12.
    Legal Issues forCopy Editors • Censorship • Libel • Copyright •Employment Issues • Invasion of Privacy • Anonymous Sources
  • 13.
    1. Censorship The SupremeCourt has said injunctions preventing the exercise of speech should be viewed very skeptically--they carry "a presumption of unconstitutionality." See Pentagon Papers. But some exceptions: – Gag orders for trials – Pre-publication agreements for gov’t employees – Media coverage of military ops
  • 14.
    Cyberspace “makes censorship almostimpossible” - Media critic Jon Katz
  • 15.
    Remember • Just becauseyour newspaper may exploit the First Amendment to gather and report news doesn’t mean they won’t restrict speech when it comes to publishing viewpoints, letters to the editors, comments, etc. • Learn what your newspaper’s standards are for community commentary.
  • 16.
    2. Libel Publication orbroadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
  • 17.
    Professor Wilson stole a schoolshuttle to take his family on summer vacation.
  • 18.
    Libel defined… Publication orbroadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
  • 19.
    Beware! •Libel can appearis news stories, headlines, captions, etc. •If your newspaper prints a libelous letter to the editor, it can be liable for libel
  • 22.
    Libel defined… Publication orbroadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
  • 24.
    Identification Although not explicitly identifiedby name, the "government executive who makes his home at 1600 Pennsylvania Avenue” clearly refers to the President of the United States.
  • 25.
    Libel defined… Publication orbroadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
  • 26.
    Truth is an absolutedefense to defamation. But there’s a catch: Knowing something is true and proving it’s true can be two different things.
  • 27.
    Libel defined… Publication orbroadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
  • 28.
    “Pure” statements ofopinion CANNOT be defamatory
  • 29.
    Consequently, cyberbullying and“Internet trolling” is difficult to legislate against.
  • 30.
    Myth As long asyou preface your statement with a qualifier such as “In my opinion,” or “allegedly,” or “I think,” you cannot be successfully sued for defamation. False: While such qualifiers have their place, there are no “magic words” that will always shield you from liability.
  • 31.
    Libel defined… Publication orbroadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
  • 32.
    This may bea lie, but does it really harm a reputation?
  • 33.
    Red Flag Statements •Accusations of illegal conduct or involvement with the criminal justice system or criminals • Charges of sexual misconduct or promiscuity • Statements that attack a person’s honesty or integrity
  • 34.
    Be especially careful withcrime stories • Use correct terms • Don’t convict people of crimes before they’ve gone to trial
  • 35.
    Terms: Some journalistsconfuse robbery, burglary, larceny and theft… •Larceny encompasses any wrongful taking of property. •Theft is larceny without a threat or violence, such as a picked pocket. Many forms of white-collar financial crimes are variations of theft. •Fraud is a form of theft, sometimes defined as theft by deception. •Tax evasion is another form of theft. •Auto theft is self-explanatory. •Robbery is a larceny accompanied by violence or threats, including a finger under the jacket to indicate a gun. •Burglary is the unlawful entering of a premises with the intent to commit a crime. A burglary does not involve violence. But if a homeowner discovers the burglar and violence ensues, the burglary becomes a robbery. (“Home invasion ,” a phrase that became popularized in the 1990s and was followed by special-penalty laws, is a break-in robbery.)
  • 36.
    Avoid sloppy allegations… •Remember,in the U.S., people are presumed innocent until proven guilty. •So, until someone has been convicted of a crime by a judge or jury, you can not call him a criminal, burglar, murderer, etc. •Instead, use language such as “He has been charged with [crime]” or “She was arrested on charges of [crime]” – and attribute any allegations to police. •Otherwise, your media outlet could be sued for libel. Sometimes charges are dropped. Sometimes police botch investigations. Sometimes suspects win their cases and are vindicated. Be very careful with how you word your crime stories. People’s reputations are at stake, including yours.
  • 37.
  • 38.
  • 39.
    One more requirement: FaultRequired The First Amendment requires that in order for defendants to be held responsible for defamation, the person suing must show — at a minimum — that the reporter/editor acted unreasonably.
  • 40.
    Public figures Under NewYork Times v. Sullivan, public officials and public figures are required to prove “actual malice” in defamation cases. Some other caveats…
  • 44.
    Good news: You’renot legally responsible for libelous comments made by others on your newspaper’s website.
  • 45.
    – Fair reportprivilege •Allows journalists to report anything said in official government proceedings. •Must be accurate and fair. Privilege and protection for sources and stories – Opinion privilege •Protects written opinions from libel suits. •Distinction between facts and opinion.
  • 46.
    3. Invasion ofPrivacy Certain details about people, even though true, may be "off limits" to the press and public Truth is not a defense
  • 47.
    a. Public Disclosureof Private and Embarrassing Facts • Examples: Publishing detailed information about a private person’s sexual conduct, medical/mental condition, educational records • Look for facts that are: – Sufficiently Private – Sufficiently Intimate – Disclosure would be highly offensive to reasonable person (shocking!) • Defense: Newsworthiness; consent
  • 48.
    Examples • Examples couldinclude publishing detailed information about a person’s: • Sexual conduct • Medical/mental condition • Addiction recovery • Educational records
  • 52.
    b. Intrusion • Generallybased on the act of newsgathering • Publication not required • Three most common types of intrusion: – Trespass: Going onto private property without the owner's consent – Secret Surveillance: Using bugging equipment, hidden cameras, other electronic aids – Misrepresentation: Invalid or exceeded consent (often in the context of undercover reporting) • Defenses: Newsworthiness; consent
  • 53.
    Intrusion General Rule: You havethe right to photograph anything from a public spot that you can see with the naked eye
  • 54.
    Consent is generally requiredbefore newsgathering in a private space
  • 55.
    c. False light •The unflattering, highly offensive portrayal —in words or pictures— of a person as something that he or she is not • Examples: Misleading caption published with a photo, inaccurate attribution of letter to the editor; careless use of photo morgue • Not recognized in all states
  • 57.
    A student suedhis school claiming that his face was used in a newspaper article warning teenagers about sexually transmitted diseases.
  • 58.
    4. Copyright Infringement Usingsomeone else’s original work without obtaining the copyright owner’s permission.
  • 59.
    Purpose of Copyright •Progress/Advancement of Arts & Sciences – Recognized by framers of Constitution • Reward creative efforts • Encourage societal knowledge
  • 60.
    Copyright Defined In orderto qualify for copyright protection, a work must be: (1) original (2) fixed in a tangible form (3) show at least a minimal amount of creativity. Note: a work need not state it’s copyrighted or have the © symbol to be copyrighted.
  • 61.
    Copyright can protect: • Photos •Stories • Illustrations • Logos • Even wallpaper Copyright does not generally protect: •Facts/ideas •Most federal governmental records •Works in public domain (e.g. copyright expired) •Odds & Ends (titles, •slogans, short phrases, •familiar symbols, etc.)
  • 63.
    The General Rule Ifyou didn’t create it and/or you don’t own the copyright to it, you must get permission to use it Except…
  • 64.
    Fair Use: AnException to the Rule • Using a limited amount of a copyrighted work for news, educational or informational purposes without consent may be permissible as a “fair use” • Not every use by a media or educational organization is a fair use
  • 65.
    No magic formulato determine copyright infringement… • The Nation magazine was successfully sued by a book publisher after it published only 300 to 400 words of verbatim quotes from a 500-page presidential autobiography without the permission.
  • 66.
    Other things toremember about copyright law • Law requires permission from copyright owner, not just attribution • Protects the works you create as well as those you may want to use • Ignorance of the law is not a defense
  • 67.
  • 68.
    Original work isbeing created now more than ever thanks to the Internet…
  • 69.
    Using Facebook andTwitter pics without permission is illegal • A federal court ruled that Agence France- Press committed copyright infringement when it used a photo posted on Twitpic. • This applies to using photos from both professional photographers and regular people. • Fair Use likely won’t protect you.
  • 70.
    Digital Millennium Copyright Act Ifyou manage a blog or website that allows users to submit comments or post content, you can avoid being held responsible for copyright infringement by readers. The federal Digital Millennium Copyright Act (DMCA) has a limited safe harbor allowing publishers to escape liability for copyright infringement if they promptly pull down infringing material posted by outside parties (not staffers) after getting notice of the infringement.
  • 72.
    Anonymity Abound The Internethas created an explosion of anonymous information… Who doesn’t like hearing a juicy secret?
  • 73.
    Journalist’s dilemma • Journalistsshouldn’t just print anything. SPJ Ethics Code states: “Seek the truth and report it.” • The reporter’s job is, as fully as possible, to conduct interviews and seek information on the record. • However, some people will only share information off the record. • Every good reporter wants a scoop, an exclusive story no one else has. But equally important is a reporter’s reputation. Can we trust the info? • Media needs to get facts right. Don’t want to get sued.
  • 74.
    Issue • Anonymous sources,per se, aren’t bad. – Some of journalists’ best sources never appear in their stories, even as an “anonymous source” – Reporters may use anonymous tipsters to point them to public records and to on-the- record sources • The issue is quoting them in stories. – e.g., “a source who spoke on the condition of confidentiality said…”
  • 75.
    Copy Editor’s Role •If the reporter tells you who’s the source, you could be exposed to legal liability. • Question whether use of an anonymous source is truly necessary – rarely is it necessary. • Know employer’s policy: Your newspaper may not even allow use of anonymous sources. • If you do cite an anonymous source, explain as much about source as possible & why it’s necessary for him/her to be anonymous. Readers deserve to know.
  • 76.
    Policies differ • Apoll conducted by the Associated Press and the AP Managing Editors Association found that editors at about one in four newspapers say they never allow the use of anonymous sources.
  • 77.
    On the otherhand • Unnamed sources have played a valuable role in journalism. From the Pentagon Papers to Watergate to the Abu Ghraib scandal, granting sources anonymity has provided the public with a window to important information that might otherwise have gone unreported.
  • 78.
    Then again… • Journalistsand media outlets have also gotten burned by anonymous sources: – Most O.J. Simpson reporting from unnamed sources was later deemed inaccurate. – Newsweek retracted a story based upon an unnamed source about a Qur'an being flushed down a toilet that led to riots in the Middle East – The L.A. Times retracted an article that relied on anonymous sources and implicated Sean "Diddy" Combs in the beating of Tupac Shakur – Unethical journalists sometimes disguise fabrications using anonymous sources
  • 79.
    Clamp down onpractice • One study found that large newspapers' use of anonymous sources dropped dramatically between 2003 and 2004. The Project for Excellence in Journalism found use of anonymous sources dropped from 29 percent of all articles in 2003 to just 7 percent in 2004.
  • 80.
    Legal Issues • Moststates, including New York, have a “shield law” or other protections that give reporters protection against being forced to disclose confidential information or sources • But… – There is no federal law – The state laws do not provide unlimited protection
  • 81.
    Legal Issues • Branzburgv. Hayes (1972) found no right to protect sources • Gov’t can only ask for source’s identity as last resort and when there’s an “overriding and compelling state interest.” • So, a reporter who refuses to reveal his/her source could go to jail. • A copy editor privy to the source’s identity could also be subpoenaed.
  • 82.
    Legal Issues • Ifyou promise a source anonymity and violate that confidentiality, you could be sued for breach of contract – See Supreme Court ruling in Cohen v Cowles (1991)
  • 83.
    Avoid accidental anonymity •Provide full names of sources. • Avoid things like: – “John said” – “A waitress said” • Remember: unnamed sources diminish your credibility. Avoid gratuitous use of them.
  • 84.
    • The PoynterInstitute, a renowned journalism think tank, offers criterion for assessing whether to use an anonymous source… Question whether anonymity is necessary…
  • 85.
    How to decide •Is the information of overwhelming public concern? • There's no reason to use them when someone is attacking someone’s reputation, or speculating, or defending an institution, or even saying something completely innocuous
  • 86.
    How to decide •Would speaking on the record put the source in danger? Get them fired? Risk future access? • If not, be wary because the source may have ulterior motives • SPJ’s Ethics Code warns: “Always question sources’ motives before promising anonymity.”
  • 87.
    How to decide •Is there no other way to get the essential information on the record? • Don’t use anonymous sources if you could get the same information on the record – from records or another source.
  • 88.
    How to decide •Does the source have verifiable and first-hand knowledge of the story? • Even if the source cannot be named, the information must be proven true. You need solid evidence, not just a hunch. • It's pretty tough to defend a libel lawsuit where your primary source for an allegedly defamatory statement can't be called to the stand in your defense.
  • 89.
    How to decide •Are you prepared for the legal consequences? • Reporters have gone to jail in increasing numbers over the last few years to keep promises they have made to confidential sources in defiance of a court order. • Reporters have been pressured and sued for not revealing anonymous sources.
  • 90.
    To use ornot? 1. A Jets’ official said the team did not want to sign Richie Incognito because he would “poison the locker room.” 2. A source who insisted on anonymity said… 3. Sources at The Post asked not to be identified “for fear of appearing to embarrass a colleague.” 4. A man who came upon an assault victim in Manhattan feared speaking on the record because the attacker was still free. 5. The private college’s cafeteria received a poor grade from the New York City Department of Health because an inspector found evidence of mice and cockroaches, said a cafeteria employee who asked to remain anonymous for fear of retaliation.
  • 91.
    6. Employee Rights Thereare some employment-related issues you should keep in mind. Remember, only the government can’t punish your speech. Your employee, however, can – even if you work for the press.
  • 92.
    You don’t haveprivacy at work • Don’t send personal emails using work WiFi or devices. Courts have ruled that employees and students have no reasonable expectation of privacy when using an organization’s computer. Interns have been fired for emails they sent using their company’s email address. • It’s also OK for employers and prospective employers to Google stalk you. So manage your online reputation.
  • 93.
    Your portfolio mayexpose you to liability • Be careful with your personal journalism portfolio. • If you’re posting content on your personal website that you were paid to produce as part of an internship or job – and it’s hidden behind the newspaper’s paywall – you’re technically violating copyright. Your employer probably won’t mind, but it’s best to ask permission to use.
  • 94.
    • Be carefulwhat you post online. Reporters have been fired for making posts about their jobs. They’ve even been fired for making tweets that are unrelated to their jobs on their personal blogs – you risk damaging the goodwill of your newspaper in the community’s eyes. – e.g., TV reporter Shea Allen • In many states, employers can legally require you to share your social media passwords with them. Social Media
  • 96.
    Disclaimer This is notlegal advice. This presentation was just a crash course to help copy editors recognize common legal issues that may arise. When in doubt, consult an attorney.
  • 97.
    About the Presenter MarkGrabowski is a professor at Adelphi University in New York, where he teaches journalism & media law. Previously, he worked as a lawyer and a journalist. He holds a J.D. from Georgetown Law. For more info, visit markgrabowski.com or email mgrabowski@adelphi.edu.