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. 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? 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. 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. 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. 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?” If you are still not sure, Ask: “Who would be affected?”

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. 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.” 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.” 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?

Examples: movie stars, athletes, musicians, witnesses.

Is it a public figure? Examples: movie stars, athletes, musicians, witnesses. Could be voluntary or involuntary. 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. 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?

Be careful.

Is it a private citizen? Be careful. In some states, simple negligence is enough. 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. 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?

Best example: police report.

Was it in an official report? Best example: police report. Government employees are protected by sovereign immunity. 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. 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. 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?

Must be filed in the court.

Was it in a court filing? Must be filed in the court. Must be legally obtained. 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. Must be filed in the court. Must be legally obtained. Attribution, attribution, attribution.

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. Spoken as part of official debate. Not on campaign trail.

Invasion of privacy

Is the information private?

Invasion of privacy Is the information private? Would disclosure be highly offensive to reasonable person? 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? 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. 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. 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

Emerging area of concern.

False light Emerging area of concern. Cross between libel and invasion of privacy. 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. 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.” 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

Not in statute.

Common law Not in statute. Decided on case by case basis by judges applying precedent to new facts. 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. Not in statute. Decided on case by case basis by judges applying precedent to new facts. Constantly in flux.

Ethical questions

What are the alternatives?

Ethical questions What are the alternatives? Print nothing. What are the alternatives? Print nothing.

Ethical questions What are the alternatives? Print nothing. Print everything you know. What are the alternatives? Print nothing. Print everything you know.

Ethical questions What are the alternatives? Print nothing. Print everything you know. Print selectively. What are the alternatives? Print nothing. Print everything you know. Print selectively.

Ethical questions What are the alternatives? Who benefits from your decision? What are the alternatives? Who benefits from your decision?

Ethical questions What are the alternatives? Who benefits from your decision? Readers/citizens/consumers. 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. 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. 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. 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? Readers/citizens/consumers. Advertisers. Already injured parties. Innocent parties. Your publication/the profession. What are the alternatives? Who benefits from your decision? Readers/citizens/consumers. Advertisers. Already injured parties. Innocent parties. Your publication/the profession.

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? 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? What are your alternatives? Who benefits from your decision?

Copyright

Why you should care

Copyright Why you should care Current penalty: $150,000 per infringement 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 Why you should care Current penalty: $150,000 per infringement Up to 10 years in jail

Copyright G Why you should care G Current penalty: $150,000 per infringement G Up to 10 years in jail G What it means G Why you should care G Current penalty: $150,000 per infringement G Up to 10 years in jail G What it means

Copyright 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:title 17Section 106 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.* 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:title 17Section 106 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” 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. 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.

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.