Legal & Ethical Issues
Questions to Ask
Libel
• Every article starts with a piece of
information.
Question 1
• Is it true?
Question 1
• Is it true?
• If yes--you’re home free.TRUTH IS AN
ABSOLUTE DEFENSE IN A LIBEL CASE.
Question 1
• Is it true?
• If yes--you’re home free.TRUTH IS AN
ABSOLUTE DEFENSE IN A LIBEL CASE.
• But what if you’re not sure?
Question 2
• Can it be proven, one way or another?
Question 2
• Can it be proven, one way or another?
• If it CANNOT be proven, then it’s not a
fact.
Question 2
• Can it be proven, one way or another?
• If it CANNOT be proven, then it’s not a
fact.
• It’s an opinion.
Question 2
• Can it be proven, one way or another?
• If it CANNOT be proven, then it’s not a
fact.
• It’s an opinion.
• OPINION IS PROTECTED SPEECH.
Question 3
• If you are still not sure,
Question 3
• If you are still not sure,
• Ask: “Who would be affected?”
Is it a public official?
Is it a public official?
• A public official is a person who is
appointed or elected to a high public
office and has significant
responsibility.
Is it a public official?
• A public official is a person who is
appointed or elected to a high public
office and has significant
responsibility.
• Examples: president, senator, mayor,
chancellor, chief of police.
Is it a public official?
• A public official must show “actual
malice” on the part of the journalist.
Is it a public official?
• A public official must show “actual
malice” on the part of the journalist.
• “Reckless disregard for the truth.”
Is it a public official?
• A public official must show “actual
malice” on the part of the journalist.
• “Reckless disregard for the truth.”
• “Knew or should have known that story
was false.”
Is it a public figure?
Is it a public figure?
• Examples: movie stars, athletes,
musicians, witnesses.
Is it a public figure?
• Examples: movie stars, athletes,
musicians, witnesses.
• Could be voluntary or involuntary.
Is it a public figure?
• Examples: movie stars, athletes,
musicians, witnesses.
• Could be voluntary or involuntary.
• Current law doesn’t make a
distinction, but this could change.
Is it a private citizen?
Is it a private citizen?
• Be careful.
Is it a private citizen?
• Be careful.
• In some states, simple negligence is
enough.
Is it a private citizen?
• Be careful.
• In some states, simple negligence is
enough.
• But there are three privileged forums
where it doesn’t matter.
Was it in an official report?
Was it in an official report?
• Best example: police report.
Was it in an official report?
• Best example: police report.
• Government employees are protected
by sovereign immunity.
Was it in an official report?
• Best example: police report.
• Government employees are protected
by sovereign immunity.
• Journalists have qualified privilege--as
long as they are accurate.
Was it in an official report?
• Best example: police report.
• Government employees are protected
by sovereign immunity.
• Journalists have qualified privilege--as
long as they are accurate.
• Attribution, attribution, attribution.
Was it in a court filing?
Was it in a court filing?
• Must be filed in the court.
Was it in a court filing?
• Must be filed in the court.
• Must be legally obtained.
Was it in a court filing?
• Must be filed in the court.
• Must be legally obtained.
• Attribution, attribution, attribution.
Was it in a legislative setting?
Was it in a legislative setting?
• Spoken as part of official debate.
Was it in a legislative setting?
• Spoken as part of official debate.
• Not on campaign trail.
Invasion of privacy
Invasion of privacy
• Is the information private?
Invasion of privacy
• Is the information private?
• Would disclosure be highly offensive to
reasonable person?
Invasion of privacy
• Is the information private?
• Would disclosure be highly offensive to
reasonable person?
• Is the matter newsworthy?
Invasion of privacy
• How old is your source?
Invasion of privacy
• How old is your source?
• A minor cannot give up privacy rights.
Invasion of privacy
• How old is your source?
• A minor cannot give up privacy rights.
• Minors are often, but not always,
protected by confidential court
proceedings.
False light
False light
• Emerging area of concern.
False light
• Emerging area of concern.
• Cross between libel and invasion of
privacy.
False light
• Emerging area of concern.
• Cross between libel and invasion of
privacy.
• “True facts” presented in a way that
creates a false impression.
False light
• Emerging area of concern.
• Cross between libel and invasion of
privacy.
• “True facts” presented in a way that
creates a false impression.
• Executive “who was charged with
killing his wife.”
Common law
Common law
• Not in statute.
Common law
• Not in statute.
• Decided on case by case basis by
judges applying precedent to new
facts.
Common law
• Not in statute.
• Decided on case by case basis by
judges applying precedent to new
facts.
• Constantly in flux.
Ethical questions
Ethical questions
• What are the alternatives?
Ethical questions
• What are the alternatives?
• Print nothing.
Ethical questions
• What are the alternatives?
• Print nothing.
• Print everything you know.
Ethical questions
• What are the alternatives?
• Print nothing.
• Print everything you know.
• Print selectively.
Ethical questions
• What are the alternatives?
• Who benefits from your decision?
Ethical questions
• What are the alternatives?
• Who benefits from your decision?
• Readers/citizens/consumers.
Ethical questions
• What are the alternatives?
• Who benefits from your decision?
• Readers/citizens/consumers.
• Advertisers.
Ethical questions
• What are the alternatives?
• Who benefits from your decision?
• Readers/citizens/consumers.
• Advertisers.
• Already injured parties.
Ethical questions
• What are the alternatives?
• Who benefits from your decision?
• Readers/citizens/consumers.
• Advertisers.
• Already injured parties.
• Innocent parties.
Ethical questions
• What are the alternatives?
• Who benefits from your decision?
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Readers/citizens/consumers.
Advertisers.
Already injured parties.
Innocent parties.
Your publication/the profession.
Case study
Case study
• High school volleyball player is kicked
off team after discovery that she has
falsified her home address so that she
can play for a particular school’s team.
Case study
• High school volleyball player is kicked
off team after discovery that she has
falsified her home address so that she
can play for a particular school’s team.
• How much detail should you provide?
Case study
• What are your alternatives?
• Who benefits from your decision?
Copyright
Copyright
• Why you should care
Copyright
• Why you should care
• Current penalty: $150,000 per
infringement
Copyright
• Why you should care
• Current penalty: $150,000 per
infringement
• Up to 10 years in jail
Copyright
 Why you should care
 Current penalty: $150,000 per
infringement
 Up to 10 years in jail
 What it means
Copyright
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What Is Copyright
Copyright is a form of protection provided by the laws of the United States (title 17, U. S.
Code) to the authors of “original works of authorship,” including literary, dramatic,
musical, artistic, and certain other intellectual works. This protection is available to both
published and unpublished works. Section 106 of the 1976 Copyright Act generally gives
the owner of copyright the exclusive right to do and to authorize others to do the
following:
To reproduce the work in copies or phonorecords;
To prepare derivative works based upon the work;
To distribute copies or phonorecords of the work to the public by sale or other transfer of
ownership, or by rental, lease, or lending;
To perform the work publicly, in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and motion pictures and other audiovisual works;
To display the work publicly, in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and pictorial, graphic, or sculptural works, including the individual
images of a motion picture or other audiovisual work; and
In the case of sound recordings*, to perform the work publicly by means of a digital audio
transmission.
A copyright example
Doug Michels
• Self-described “media
whore”
• Yale trained architect
• Founding member of
Ant Farm art collective
• In early 1990s said he
was earning $30,000 to
$40,000 a year from
copyright infringements
of “Cadillac Ranch”
Fair use
Section 107 contains a list of the
various purposes for which the
reproduction of a particular work may
be considered “fair,” such as
criticism, comment, news reporting,
teaching, scholarship, and research.
Section 107 also sets out four factors
to be considered in determining
whether or not a particular use is fair:
Fair use
the purpose and character of the use, including
whether such use is of commercial nature or is for
nonprofit educational purposes;
• the nature of the copyrighted work;
• amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
• the effect of the use upon the potential market for
or value of the copyrighted work.
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Fair use
The distinction between “fair use” and
infringement may be unclear and not easily
defined. There is no specific number of
words, lines, or notes that may safely be
taken without permission. Acknowledging
the source of the copyrighted material does
not substitute for obtaining permission.