If you are a journalist, there are laws that you need to be aware of so that you can do your job well without causing yourself or the company you work for any legal trouble. While it is your job to put together compelling, newsworthy, and comprehensive articles, there is a limit to what you can say and how you go about getting your information.
Journalists must always fact-check and verify the authenticity of any people or information they include in a story. Printing misleading or false information just to make a story sound better or fit an agenda is unethical, but it can also have significant legal consequences.
What is defamation?
Defamation is when someone makes statements to others that result in a damaged reputation. Slanderous comments that lead to someone losing work contracts or their full-time job, cause extreme emotional trauma, or lead to an individual or their families getting harassed or threatened are considered defamation. The actor Johnny Depp recently won a defamation case by proving that his ex-partner damaged his reputation by to the point that he lost lucrative movie deals and millions of dollars.
Defamation does not just happen to celebrities. Any individual that finds themselves in the media spotlight may be the victim of slanderous and reputation-destroying rumors or comments. Defamation can also occur when someone is merely associated with someone getting a lot of attention. For example, the wife of a man being investigated for major misconduct at work may have false statements made about her personal or professional life that are untrue and have no facts to support them.
Defamation laws also apply to a business or organization. If you make false statements about a company’s product that leads to a loss of sales or reputation damage, you are liable for the damages caused.
The right to privacy
In the modern age, it may seem like there is very little privacy available to anyone. While a lot of people’s lives are shared with others via social media, there are still privacy protection laws that apply. It is important to understand that while someone may share a lot of personal information online, they are choosing to do this, meaning they consent. The use of the same information or photos by another person may be considered an invasion of privacy or defamation, depending on how the information is used and any damages caused by it.
A good example of privacy laws is an individual right to privacy on their own property or in their home. If you knock on someone’s door and they ask you to leave or say they are not interested in talking to you, you have to leave or are considered trespassing.
Taking photos of someone on their property without their permission is also not allowed. Sure, you may see photos taken from a distance of celebrities or others in tabloids, but those are not always taken when they are at their private residences.
Good rules for avoiding a defamation suit
Double-check the credibility of your sources.
When working on any article, make sure that your sources are credible. This can mean doing a lot of background research on an individual or business. While this may seem like the time you could be spending on writing or gaining more valuable information, it is imperative you ensure that any statements or claims you make that lay the foundation of your article are actually accurate and credible.
If a source makes slanderous or litigious remarks you take at face value and publish, you may find yourself in major trouble.
Fact-check absolutely any information you can.
While a lot of media outlets have people who are paid to fact-check articles before publication, it makes sense to take time to do this yourself. This means that by the time an article goes to publication, it has been checked by several people to ensure accuracy and prevent any potentially litigious remarks or facts.
A well-researched article that offers readers iron-clad, verifiable facts and information will help your career in journalism succeed. Building your reputation based on strong reports that show you do your research and do not knowingly include false or salacious information will increase the public’s trust in any future articles and information you provide throughout your career.
Consider if a story is newsworthy.
Even tabloids have some standards for what is newsworthy and what is distasteful to pursue or print. When deciding what articles to pursue, it is important to consider what your article will contribute to society in general. That doesn’t mean everything you work on must be very serious or groundbreaking.
People like to be entertained, and many topics fit the bill of entertainment, but it is a good idea to ask if someone will suffer any emotional distress or reputational damage, even if something seems harmless on the surface.
Informative and serious articles should help educate others and make them think about important lessons. In short, there is room for all types of writing, but as a journalist, you need to think about what stories are actually worth telling.
Ask yourself what facts and statements are worth mentioning.
If you are reporting on something that is particularly interesting, then there is probably more information than you can reasonably include in an article. This means you need to pick and choose the most interesting and relevant information. Narrowing down the facts and statements you are going to use is important.
Of course, everything must be checked for accuracy and credibility. There can be odd situations where a source may say something true and pass fact-checking, but in the past, the source was unreliable, and readers will not be likely to trust them in the future. In this case, you may want to consider including information from a different source or leaving out their info entirely. Using even one unreliable source can lead others to discredit your entire work and even question some of your past articles.
Gaining sources while respecting privacy.
Avoiding a reputation for making inaccurate statements or taking things out of context is a good start to making sure that others trust you. Over time journalists can gain a reputation for their actions and reporting style. This reputation can make it easier or harder to find accurate and credible sources.
Asking others for interviews is part of being a journalist. If there is a case of significant interest, those involved may limit the total number of interviews they give and the people they talk to. This is why it is important to stand out and have a better method of approach.
Just showing up at someone’s home, work, or business is not a good idea. Finding a place to meet that is private and neutral can be a better approach.
Contacting people via phone, text, email, or even a traditional letter in the mail is far better than just showing up without being invited.
How is a defamation case won?
Defamation cases are only won when a client can prove without any doubt that specific things occurred. Here are a few examples of what must be proven.
A statement was published in print or online media that was portrayed as fact and read by others.
The more people who read the defaming statements, the more of a case the plaintiff has against the accused. For example, it is hard to claim defamation if only a couple of people read something, and it doesn’t have a major effect on your life other than slight emotional trauma.
Statements must identify the accuser.
Sharing anything that contains an image of the accuser, including drawings or paintings, is an example of identification without actually naming a person. Describing someone in detail or using their name also qualifies as identifying the person claiming defamation.
This part of defamation law is why you often see photos published where the individuals covered in an article are shown with their faces uncovered while everyone else is blurred. In these cases, either the individuals with blurred faces did not give their permission for their photographic likeness to be published, or the journalist and others decided that it was the ethical thing to do to protect them from backlash in the public eye.
Actual harm to the accuser’s reputation occurred.
Fear of harm to one’s reputation is not enough for a solid case of defamation. The plaintiff must prove that statements and other media representations led to provable harm to their reputation. Losing a job due to untrue statements and attention is one good example that can stand up in a court of law. If you report that someone committed sexual misconduct and later it is proven that they did not, then that person may be able to sue you or the media outlet you work for and get compensation for the damage you did to their life.
Statements that are opinions are represented as facts.
Reporting an opinion is fine as long as it is done in a manner where it is clearly a person’s opinion and not a verified fact. Of course, journalists must use some common sense when publishing opinions as well. One must always ask if it is worth stirring up a lot of trouble or if you can maintain a good readership without inviting too much controversy.
Statements can sometimes be defaming even if something is just mentioned in passing, for example, naming a person, and it leads to exposing their behavior as an accessory. Journalists must strongly consider whether they should mention names every time they introduce another character in their article. Relatives, significant others, and more do not necessarily need to be named to get your point across. From a defamation law perspective, it may be safer to simply not do so if you are reporting on a particularly sensitive topic or case.
Some level of fault must be proven, and this can vary based on the fame of the person claiming defamation.
If you are accused of defamation by someone with some level of fame or public recognition, then the accuser must prove that you published your content with malice. This means you were fully aware of what you were doing.
A regular citizen just has to prove that you did not consider what you were saying well enough before publication. This level of fault is considered just being negligent and doing sloppy reporting. While it is a lower level of fault, it can still be enough to tip a case in favor of your accuser.
Aren’t defamation cases hard to prove? Why should I be so concerned if I am a journalist?
While defamation cases definitely put the burden of proof on the plaintiff, they can still result in a lot of trouble for your publication or your personal career as a journalist. Yes, it is hard to prove defamation in some cases, but in others it may be far easier. Part of it depends on how blatant the slander and false statements are. If it is clear that a person suffered a lot of irreparable damage to their reputation or is a person or entity that a jury can easily feel sorry for, then defamation cases may be easily won.
If you or the publication you work for are accused of defamation, and the information that comes out makes it appear that you attacked and ruined a good person or business, then the public could turn against you in a major way. While time does ease how harshly others may see you, there is a chance that the case is bad enough that you have a hard time finding work in the future.
Working as a journalist
While some journalists have no formal education related to journalism, they are few. If you are interested in a career in journalism, the best way to achieve this is through a combination of experience and education. Some opportunities are available if media employers know you are working towards your degree. To get started on your journalism career path, consider pursuing an online degree in journalism from St. Bonaventure University, which will give you the tools and skills you need.
Working as a journalist provides career opportunities all over the world.
While plenty of journalists report mostly on the news in their immediate region, many also travel all over the world in pursuit of stories. That being said, journalism is a great career for those that want to have the opportunity to relocate sometimes.
With opportunities ranging from working from home or freelancing, working in small-town print media, to pursuing a career at a major media outlet, there is a ton of room for growth and advancement throughout your career.
Journalism makes sense for naturally curious people who want to inform others.
If solving problems and bringing relevant information to the masses that they can learn and grow from sounds good to you, then you might have what it takes to be a journalist. It is a great career for writers who want a steady income while pursuing their own writing projects.
Journalists are pivotal in helping bring attention to cases and even helping investigators and police solve crimes and bring closure to families. Without the media, it would be much harder for law enforcement to inform the public of dangers and reach out to them to help bring people to safety.
Conclusion
Defamation and privacy laws should be topics all journalists are familiar with. By knowing what is legal and what is not, journalists can better construct their articles. Knowing what you can do in terms of research, requesting interviews, and fact-checking will help you write articles that lead to a reputation of trust that will take you far in your career.
A journalism career offers many opportunities for personal and professional growth. By taking on hard-hitting topics and keeping the public well informed, journalists conduct an important public service.
