Kathryn Luscombe

"Can I print this?" - Legal Issues

Freedom of the press is a great thing. However, it doesn't mean you can go around saying whatever you want about whomever you want and get it from wherever you want. Stick to the rules and let the First Amendment work in your favor.

Is it a fact?
First and foremost, the information you print must be true, and you must be able to prove it. Do you have reliable quotes from sources that come from both sides of an issue? Do you have indisputable research to back up your point? "Libel" is printing false information about someone. You do not want to get sued for this.

Does the content belong to someone else?
For quotes: If your source gave the quote to someone else (for example, another newspaper), you cannot use the quote without properly attributing it to the publication that attained the quote.
For ideas: You cannot use someone else's original idea without attributing it to them, even if you switch it around a little to your own words. That's plagiarism. However, news is news, and anyone can report on the same facts, as long as they attain their own information or properly cite the those who did. (i.e. "CNN is reporting that Britney Spears gave birth to two sets of quintuplets this week.")
For images: If you're using an image, you must have permission from the creator or owner to use it. You cannot just attribute it to the source. Any picture taken by a staff photographer or by another photographer specifically for the publication may be used. Photos, graphics, or any other content taken from the internet MUST have a proper Creative Commons license to use without asking. No downloading from the first thing that pops up on Google Images.

Does it unfairly portray the person?
"Defamation of character" pretty much means making someone look bad for no good reason. The law likes to call it "malicious intent." It overlaps with libel when it is also untrue. If a paper choses to print a fact about a community member or public figure because it is newsworthy and important for the readers to know, it is not considered unfair to print the truth about them, if done in a balanced and professional way. However, if a paper prints something that unnecessarily releases information to the public that hurts the person's public perception, they could be sued.

Are you breaking the law to get the news?
Undercover interviewing: Michigan does not allow publishing of interviews recorded without the subject's knowledge.
Private areas vs. public areas:You can take photos of anyone in a public area without asking them first, but it can be a good idea to ask permission from the parents to take photos of a child specifically. In a private setting, like a store, you must have permission to take photos.

What if the subject doesn't want you to print something?
You don't have to have someone's permission to print something about them or something that they said. The term "off the record" is only for courtesy's sake. Anything said to a journalist is fair game, even when the tape recorder is off, but a responsible journalist will consider the purpose and consequences of what they print. Just because you can doesn't mean you should. Building trust with your sources and community is also a very important aspect of journalism.

Check out the Student Press Law Center for a wealth of information on how the law applies to you. Call them for legal advice at (703) 807-1904.