legal & ethical issues questions to ask. libel every article starts with a piece of information

Legal & Ethical IssuesLegal & Ethical Issues

Questions to AskQuestions to Ask

LibelLibel

• Every article starts with a piece of information.

• Every article starts with a piece of information.

Question 1Question 1

• Is it true?• Is it true?


• 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?



• But what if you’re not sure?


• Can it be proven, one way or another?




• If it CANNOT be proven, then it’s not a fact.






• It’s an opinion.



• It’s an opinion.




• It’s an opinion.• OPINION IS PROTECTED SPEECH.



• It’s an opinion.• OPINION IS PROTECTED SPEECH.


• If you are still not sure, • If you are still not sure,


• 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?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.


• Examples: president, senator, mayor, chancellor, chief of police.


• A public official must show “actual malice” on the part of the journalist.




• “Reckless disregard for the truth.”


• “Reckless disregard for the truth.”



• “Reckless disregard for the truth.”• “Knew or should have known that

story was false.”


• “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.




• Could be voluntary or involuntary.


• Could be voluntary or involuntary.



• Could be voluntary or involuntary.• Current law doesn’t make a

distinction, but this could change.


• 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. • Be careful.


• Be careful.• In some states, simple negligence

is enough.


is enough.



is enough. • But there are three privileged

forums where it doesn’t matter.


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.• Best example: police report.


• Best example: police report.• Government employees are

protected by sovereign immunity.


protected by sovereign immunity.



protected by sovereign immunity.• Journalists have qualified

privilege--as long as they are accurate.








• Attribution, attribution, attribution.




• Attribution, attribution, attribution.

Was it in a court filing?Was it in a court filing?


• Must be filed in the court.• Must be filed in the court.


• Must be filed in the court.• Must be legally obtained.

• Must be filed in the court.• Must be legally obtained.


• 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.• Spoken as part of official debate.



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

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

Invasion of privacyInvasion of privacy


• Is the information private?• Is the information private?


• Is the information private?• Would disclosure be highly

offensive to reasonable person?


offensive to reasonable person?



offensive to reasonable person?• Is the matter newsworthy?


offensive to reasonable person?• Is the matter newsworthy?


• How old is your source?• How old is your source?


• How old is your source?• A minor cannot give up privacy

rights.


rights.



rights.• Minors are often, but not always,

protected by confidential court proceedings.


rights.• Minors are often, but not always,

protected by confidential court proceedings.

False lightFalse light


• Emerging area of concern.• Emerging area of concern.


• Emerging area of concern.• Cross between libel and invasion of

privacy.


privacy.



privacy.• “True facts” presented in a way

that creates a false impression.



that creates a false impression.




that creates a false impression.• Executive “who was charged with

killing his wife.”



that creates a false impression.• Executive “who was charged with

killing his wife.”

Common lawCommon law


• Not in statute.• Not in statute.


• Not in statute.• Decided on case by case basis by

judges applying precedent to new facts.






• Constantly in flux.



• Constantly in flux.

Ethical questionsEthical questions


• What are the alternatives?• What are the alternatives?


• What are the alternatives?• Print nothing.

• What are the alternatives?• Print nothing.


• What are the alternatives?• Print nothing.• Print everything you know.

• What are the alternatives?• Print nothing.• Print everything you know.


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

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


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

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


• What are the alternatives?• Who benefits from your decision?• Readers/citizens/consumers.

• What are the alternatives?• Who benefits from your decision?• Readers/citizens/consumers.


• 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.


• 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.


• 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.


• 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 studyCase 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?


• How much detail should you provide?


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

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

CopyrightCopyright

CopyrightCopyright

• Why you should care• Why you should care

CopyrightCopyright

• Why you should care• Current penalty: $150,000 per

infringement


infringement

CopyrightCopyright


infringement• Up to 10 years in jail


infringement• Up to 10 years in jail

CopyrightCopyright

Why you should careCurrent penalty: $150,000 per

infringementUp to 10 years in jailWhat it means

Why you should careCurrent penalty: $150,000 per

infringementUp to 10 years in jailWhat it means

CopyrightCopyright• 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.

• 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.

http://www.copyright.gov/title17/

http://www.copyright.gov/title17/92chap1.html#Slide%20106

http://www.copyright.gov/title17/

http://www.copyright.gov/title17/92chap1.html#Slide%20106

A copyright exampleA copyright example

Doug MichelsDoug 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 useFair 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:

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 useFair 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 useFair 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.

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.

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