The media and the law

The First Amendment

“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.”

Freedom guaranteed

Religion – Government cannot enact any official religion.

Speech – Government cannot make any law abridging the freedom of speech.

Assembly – Government cannot restrict peaceable assembly.

So I can say anything?

No, we are not allowed to just say anything at any time.

Can’t yell “fire” in a crowded theater and face no penalty.

Some laws and restrictions have been put in place.

Libel

Libel is written defamation. Slander is spoken defamation.

Defenses in a libel lawsuit:- Truth- Privilege- Fair comment and criticism

Truth

Truth is the ultimate defense against libel. If it’s true, it cannot by definition be libelous.

Official documents are your friend. The information in police reports, court documents is protected even if the information is incorrect. As long as you reported what was written there.

Privilege

Legislators, government officials and judges have the legal privilege to say anything, even if it’s not true, while acting in an official capacity.

If you report fully, fairly and accurately on the government, even if an official makes a libelous statement, you are protected.

Fair comment and criticism

Opinion writing related to the actions of those who put themselves in the public eye is protected.

Actors, sports figures, public officials and other newsworthy people.

Actual malice

A public official or public figure has to prove a story was printed with reckless disregard for whether it was false or not.

Supreme Court ruling – “debate on public issues should be uninhibited, robust and wide open.”

Willing public figures

How do rumor-heavy tabloid magazines and TV shows exist?

Report on people who willingly place themselves in the public eye.

Standard is higher for libel suits for these people. Generally you have protection and long as you stay on the topic at hand.

Libel and the Internet

Same standards apply to online reporting as traditional reporting.

Libel law in relation to the Internet, like everything else in relation to the Internet, is evolving.

Libel penalties

Laws vary from state to state. In Michigan, if a reporter is found guilty of libel, the penalty is actual damages.

So, if the report caused a person to lose their job, the organization that committed libel would be subject to paying for lost wages.

Avoiding libel

A few simple questions reporters can ask to avoid libel:- Have I reported fully?- Have I reported factually?- Have I reported fairly?- Have I reported in good faith?

Invasion of privacy

A violation of a person’s right to be left alone.

Not allowed to trespass onto private property. Or trespass into a person’s home via photograph.

Not allowed to publish a story or photo that is misleading and portrays the person in a “false light.”

Invasion of privacy, cont.

No allowed to “disclose something about an individual’s private affairs that is true, but highly offensive to individuals of ordinary sensibilities.” Kinda vague, huh?

A basic defense – consent. The person consented to allowing you on their property, or consented to allowing the information to be disclosed.

Protecting sources and notes

Laws are in place in many states to “shield” journalists from having to disclose sources.

Michigan is one of 33 states that has a shield law.

Notes – many news organizations recommend destroying notes after a story has been published. Why?

Copyright and fair use

News articles and reports are typically blanket copyrighted by the news organization.

Fair use – using a small excerpt of a work such as a news story, song, TV show or movie.

Fair use has generated a lot of legal activity in the age of mashups, sampling, etc.

Trademarks

The legally registered brand name of a product.

Trademark law operates to prevent consumer confusion and protect the business relationship between a company and its customers.

Reporting and trademarks

Reporters should be careful when they use trademark names. Make sure if you use one you are referring to that specific brand, and not a similar product.

Companies that hold brands may send angry letters if you aren’t careful. In extreme cases, legal action may be taken.

Common trademarks

Some brand names are so common we almost use them generically.

Band Aid, Breathalyzer, Dumpster, Frisbee, Kleenex, Jell-O, Styrofoam, Taser.

“Don’t Taze me, bro!”

Common trademark useage

To reiterate – make sure you use the trademark correctly, otherwise you should write around it.

For example: Use trash bin unless you are absolutely certain it is a Dumpster brand trash bin.

Stylebook is your friend with trademarks and alternatives.

Questions?

Privacy exercise

You are a photographer assigned to take a photo to accompany a story on April 15, tax filing day.

You take a photo at the post office. The photo that runs includes, quite

clearly, the person in the picture’s Social Security number.

Can you be sued for invasion of privacy for this?

Privacy exercise

You report on an accident in which a 5-year-old boy is injured after the bike he was riding was hit by a car.

The boy’s grandmother learns of the accident from your report. She suffers a heart attack.

The boy’s angry father calls and says he’s going to sue you for invasion of privacy.

Can you be sued for invasion of privacy?

Libel exercise

You report on a man charged with rape. The man’s last name is the same as someone did a personality profile on six months ago.

You mistakenly use the first name of the person you did the personality profile on instead of the man who was charged.

Can you be sued for libel?