THE OPINION

Ethics, Law, & Good Practice in Journalism

 

There are prearranged agreements between a reporter and a source, which govern how specific information can be used (on the record, off the record, etc.) These deals must be agreed to beforehand,  NEVER after.

 

When dealing with individuals who are not experienced in talking with reporters, journalists should make sure ground rules and potential consequences are clear, and then perhaps offer leeway. The vast majority of the time journalists should make clear to the people they are interviewing that they are journalists. State your name and affiliation up front, and your purpose in contacting a source. It’s important that a reporter clarify the use of these terms with a source before making any agreements.

 

In General

"ON THE GROUND" means anything the source says can be reported, published, or aired. All conversations are assumed to be on the record unless the source expressly requests -- and the reporter explicitly agrees -- to go off the record beforehand. 

 

"ON BACKGROUND" is a kind of limited license to print what the source gives you without using the source's name. But most veteran reporters will not use "on background" information until they can verify it with other sources. People try to go "on background" when their information is very sensitive, which is to say, the information is likely to cause a stir. "On background" means the source's name does not appear in the story.

 

"NOT FOR ATTRIBUTION" means that a reporter agrees not to identify a source by name. Identification is provided only by reference to the source's job or position. That identification must be agreed upon by the reporter and the source, and is almost always given in a way that prevents readers from discovering the source's specific identity.

 

"OFF THE RECORD" restricts the reporter from using the information the source is about to deliver. The information is offered to explain or further a reporter's understanding of a particular issue or event. But if the reporter can confirm the information with another source who doesn't insist on speaking off the record they can publish it.

It is essential that the reporter and source agree on a definition before beginning an "off the record" portion of an interview. "Off the record" means the information should not be used in the story unless the reporter can confirm it through another source.

 

Anonymity

The Opinion urges students to avoid using unidentified sources whenever possible. There are moments, however, when the only way to get a story is to offer anonymity to a source; such offers should be a last resort after repeated attempts to go on the record have failed and the student has 

 

received permission from the Editorial Board of The Opinion to do so. If an anonymous source must be used, the student should attempt to offer as much detail as possible about who the source was and explain the reason anonymity was given.

 

Obligations to Sources

It is imperative that journalists honor their agreements with sources. If you agree to a source's request for anonymity be sure you don't inadvertently provide information in your story that could peg him or her as the source.

 

Taping of Interviews

The Opinion requires that all of our General Staff and Editorial Board members record their interviews on their phones or computers. This may be done via the use of a free app (such as voice memo or audio memo) or an actual recording device (such as a dictaphone). 

 

The Opinion requires that our reporters first ask permission before taping any conversation to head off any potential legal entanglements. Begin the taping by stating the date, time and asking the person to spell his or her name, which then offers proof the subject agreed to the taping.

 

When submitting their final written articles reporters for The Opinion must submit their audio recordings as well so that the Editorial Board may keep a record on behalf of the reporters should the Editorial Board ever need to re-confirm a fact, statement, etc.

 

Fact Checking Information

Reporters should always check spelling, ages, job titles, company descriptions, and other facts before submitting stories. Nothing undermines a reporter's credibility more than errors of fact.

 

Quotes

The assumption is that every word in a quote is word for word what the interviewee said. Many news organizations -- The New York Times, Associated Press -- do not allow reporters to "clean up" quotations, even if the speaker employs tortured syntax. In that case, it is often best to remove the quote and paraphrase the response -- or just quote the words or phrase that are the strongest. It is permissible to delete extraneous sounds like "uh" or "um."

 

Fair Use

As a writer you can legally use a limited amount of copyrighted material for purposes of commentary and criticism, and parody, without first seeking permission. However, copyright laws severely restrict the way other peoples' work can be used, even in news stories. For example, the following are clear violations of fair use:

 

▪ Photo ripped from The New York Times Web site.

 

▪ Picture of a magazine cover.

 

▪ One minute of music from the latest U2 single.

 

▪ A 3-minute clip from a movie.

 

▪ Large tracts of text from a research report.

 

Writing About Children

Reporters should seek permission from a parent or guardian before interviewing children on any controversial subject. Getting a quote from a 12-year-old on the opening of a new swimming pool would not require such permission; getting a quote on allegations that a school is unsafe would. When the call seems close, the reporter should discuss with a faculty member (or editor in a professional setting) in advance to determine the ethical course.

 

Libel

Be especially careful when publishing statements that are injurious to someone's reputation; it could lead to a libel suit. A plaintiff cannot win a libel suit if the defamatory statement you published was true, but journalists sometimes do make mistakes and publish defamatory information that is false.

 

Objectivity vs. Subjectivity

In a hard news piece, the expectation is that the journalist is attempting to convey the facts impartially. That is to say, objectively. But magazines, Web journalism and many other news media value a strong point of view; the journalist lets the research take him to where he needs to go. Often, that requires him to take sides, if the facts warrant it. Some argue that the "he said, she said" form of journalism, in which a reporter tries to balance two opposing sides, often results in an inaccurate article, since one side may be right and the other wrong. When in doubt, consult with the Editorial Board of The Opinion. Remember that journalism can be good -- or bad -- whether or not it is opinionated. The true test of journalistic quality is not whether the reporter has an opinion, but whether the article -- opinionated or not -- is informed by a fair assessment of the facts.

 

 

 

 

** The above definitions and clarifications have all been taken and amended from New York University’s “Journalism 

Ethics Handbook” (http://journalism.nyu.edu/publishing/ethics-handbook/)**