Journalism:
Basic News Writing and Reporting Sumitra Srinivasan
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For Snoopy Journalists: Legal Issues Scavenger Hunt
This page will walk you through the
basic legal concepts of
journalism. Though these concepts are primarily for print
journalism, they are fundamental principles that can applied to both
broadcast and online journalism. Upon introduction to these concepts,
definitions and terminologies, you will be aware of the various legal
issues that reporters may face in their everyday life-as-a-reporter. Happy
hunting !!!
The first thing to know ...
First Amendment
If laws affecting the press make many journalsts uncomfortable, it may
be because journalists are aware that in too many countries, for too
many centuries, such laws have been used to prevent the press from
challenging or even disturbing the powerful. The wording of the First
Amendment - the guarantor of a free press in the United States -
makes clear how concerned some of the country's first leaders were with
protecting the press from legal constraints. It reads, in part:
"Congress shall make no law ... abridging the freedom ... of the press."
The courts responsible for applying such 18th
century pronouncements to the modern world have usually interpreted the
First Amendment as a shield against prior restraint of the news media.
One
theory is that freedom of
speech is crucial in any democracy, because open discussions of
candidates are essential for voters to make informed elections
decisions during elections. It is through speech that people can
influence their government's choice of policies. Also, public officials
are held accountable through criticisms that can pave the way for their
replacement. The US
Supreme Court has spoken of the ability to criticize government and
government officials as "the central meaning of the First Amendment."
See New York Times v. Sullivan.
But "guarantees for speech and press are not the preserve of political
expression or comment upon public affairs, essential as those are to
healthy government." See Time, Inc.
v. Hill
Some suggest that when citizens
refrain from voicing their discontent because they fear retribution,
the government can no longer be responsive to them, thus it is less
accountable for its actions. Defenders of free speech often allege that
this is the main reason why governments suppress free speech--to avoid
accountability.
Alternatively, it may
be
argued
that some restrictions on freedom of speech may be compatible with
democracy or necessary to protect it. For example, such arguments are
used to justify restrictions on support of Nazi ideas in
post-war Germany. <<back
Journalism Laws and
Rules: Basic & Important
1. Libel
News can hurt. Some words are almost automatically defamatory.
Potentially defamatory stories should be handled with care. People who
believe that they have been injured in print may sue for libel.
Truth is always the best defense in libel cases.
Besides truth, there are three other less noble defenses against libel
actions. The first is privilege. The second is fair comment and
criticism. The third defense is First Amendment.
Libel, with the rarest of exceptions, falls under
civil law. What about people like bloggers who participate in the
different online forums? Can
they be sued for libel?
2. Privacy
The courts have ruled that there is little privacy in news. However,
courts have begun to draw the line at intrusion into people's
homes in search of damaging information, at descriptions of people;s
private lives that potray them in false light, and at stories that
dredge up embarrasing facts about people who have no direct connection
to the news. Privacy
law is rarely a concern in the daily
reporting of news, but it may have to be considered while reporting an
investigative piece or an unusually intimate profile. There are
still grey areas of Internet
privacy intrusion. Though a lot of ideas implemented instituionally
may help control intrusion on the Internet, increasing technological
circumvention of the same are also possible.
The newspaper industry and the law recognizes that
people in the public eye by virtue of their celebrity status or people
who are in public service have reduced rigths to privacy. Take a look
at some of these articles: Naomi
Campbell and Narcotics Anonymous , Right of
Publicity .
3. Protecting Sources
You are working on an article about drug use at the local high school,
and some students agree to discuss the situation with you on
background. You agree not to use their names, but when the piece
appears, you find yourself asked to appear before a grand jury
investigating drug sales in town. The prosecutor wants names. You
explain that you can't violate your pledge not to reveal those names.
Can the judge hold you in contempt
of court?
The Supreme Court has ruled that the First Amendment
gives reporters no special right to avoid testifying in court. In
response, a number of states have passed laws, called shield laws.
Sometimes, however, these laws provide less than perfect protection
when challenged in court, and they don't apply in federal courts. Two
basic needs of a democratic society conflict here as two laws contest
each other: Shield Laws v. Fair Trail !!! Should
bloggers receive shield law protection?
4. Access
Reporters are always trying to find resources at government offices,
court transcripts etc. Sometimes, they may not get access to some
documents because of a rude court clerk. They should know the rights
the public and reporters have with regards to accessing documents. Two
important laws concerned with access to resources are these: 1. Freedom
of Information Act, 2. Sunshine
Laws.
It is very important
for reporters to check the differences
between the laws and at what levels they are applicable. Some states do
not have sunshine laws, while the FOIA is at the federal level.
5. Ethics
Laws vary from state to state, from one circuit court to another, from
federal to state levels. In an era of the Internet, as grey areas in
international jurisdiction taunt reporters, they need to be careful and
should know their rights, duties, responsibilities ... and ofcourse
ethics
!!!
6. Attribution &
Quotations
Double checking facts and sources, and good attribution
are some of the skills and responsibilities required of a reporter.
This helps not only avoid legal suits but implement social
responsibility as a reporter and a citizen ...
... and here are some questions for
y'all to tackle !!!
0.
Quote the First Amendment. 1.
What is the decision in the New York Times v. Sullivan and how
did it affect first amendment issues? 2. Is a
publication, containing misrepresentations about the subject of its
coverage, protected under the First Amendment's freedom of speech
guarantees? (Time, Inc. v. Hill). 3.
What is defamation? What are the four defenses against libel? 4. Can
bloggers be sued for libel? 5.
What is the fourth amendment? 6.
What was the first publication advocating privacy? When was privacy law
codified? 7.
Does the freedom of press, first amendment protect the intrusion by
journalists into the privacy of citizens? What about invasion of
privacy of
celebrities? 8. How
do privacy laws apply to celebrities? 9.
When can journalists be held in contempt of court? 10. Which
is more important for a journalist from an ethical stand-point ?
"protecting sources vs. contempt of
court " 11.
What are some basic differences between FOIA and sunshine laws? 12.
Pose an ethical problem (not the answer) that a journalist may face
involving the following laws:
First Amendment, Privacy and Libel.
13. Define attribution. 14.
Why and when do we need attribution?
15. Discuss some important landmark legal cases relevant to journalists.
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