JOUR 3410 Lecture 7 Outline of Last Lecture I. Beats & TwitterOutline of Current Lecture II. Legal v. EthicalCurrent Lecture Legal v. ethical Ex. Name of rape victim Legally journalists have access to this, but we usually never do this  Examples of times journalists do name victim: - If prominent people involved - If rape victim comes forward Prior restraint doesn’t prevent publications from releasing a story Of libel and slander Aka “defamation”  Is a statement defamatory? Did it damage a reputation? Was it “published” to a third person? Did you identify the person? Is there “fault”? (do you have fault)  If there are spoken words, sometimes of limited reach, it is slander.  If the words are written (or often broadcast), it is libel.  Beware, the “conduit” fallacy, that you’re merely quoting what someone said and therefore you’re protected. You’re not.  There are defenses to libel and slander Truth is considered an absolute defense  Opinion under the Fair Comment category - Especially with cultural artistic & sports criticism  Reaction is a defense to mitigate damages Public officials in their official capacity enjoy Absolute Privilege.  Ex. Whatever DA says in courtroom is protected, can’t be suedThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute. Journalists enjoy Qualified Privilege if they provide a fair and accurate report of an official proceeding Ex) could be sued but they wouldn’t win  A Question of Fault Public figures and public officials The notion of “actual malice” (reckless disregard of whether true or false). Gets at state of mind of reporter and whether published while knowing there was a good chance the information was false - On purpose, possibly greatest offense for journalist  Private individuals  Still must show some degree of fault, but at a lower standard, one of negligence. Andless care than a reasonable journalist should have taken  Privacy Without “legitimate public interest” or “newsworthiness” you can get into trouble revealing sensitive or embarrassing information about private individuals Code of ethics have no legal power over journalists  4 code of ethics to know Be independent of who you cover Be accountable and transparent  Seek truth Minimize harm  Verification—more controversial the story, greater need for verification  Identify the sources clearly and consider sources’ motives before promising anonymity Two more important code of