10.3 Handling off-the-record information

Handling off-the-record info is tricky. You need to know the different levels of attribution and how to use them. It's crucial to confirm with sources exactly how their info can be used and to protect confidential sources.

Ethical journalists must balance their duty to inform the public with their promise to protect sources. Understanding journalistic privilege and confidentiality agreements helps navigate these murky waters. It's a constant juggling act of trust and transparency.

Types of Off-the-Record Information

Levels of Attribution

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• Off-the-record information cannot be published or shared with anyone outside the conversation
  • Interviewee must explicitly state information is off-the-record before sharing it
  • If interviewer has already heard the information elsewhere, they may be able to use it depending on the specific agreement made
• Background information can be published but not attributed to the source
  • Often used to provide context or clarification without directly quoting the source
  • Allows sources to speak more candidly without fear of direct attribution
• Deep background information can be used to inform the interviewer's understanding but cannot be published in any form
  • Most restrictive level of attribution
  • Information is only for the interviewer's knowledge and cannot be referenced directly or indirectly in the final product
• Information given on condition of "not for attribution" can be published but only as a paraphrase without naming or identifying the source
  • Interviewer must take care not to inadvertently identify the source through the details or phrasing used
  • Often used when a source is not authorized to speak publicly on a topic but can provide valuable insight

Confirming Attributions

• Interviewer should clarify the specific terms of attribution before the interview begins
  • Ensures both parties have a shared understanding of how information can be used
  • Prevents misunderstandings that could damage trust or relationships
• If the terms of attribution change during the interview, interviewer should confirm this explicitly
  • Example: "Just to clarify, you're now telling me this portion is on background rather than off-the-record?"
• Interviewers should take detailed notes on what level of attribution applies to each piece of information
  • Helps prevent accidental breaches of confidentiality
  • Provides a record in case of later disputes

Protecting Sources and Information

Maintaining Confidentiality

• Journalists have an ethical obligation to protect confidential sources
  • Revealing sources can put them at risk of legal, professional, or personal retaliation
  • Broken confidentiality undermines trust in journalists and discourages future sources from coming forward
• Interviewers should have a clear understanding with sources about the scope and duration of confidentiality
  • Example: Will the source's identity remain confidential indefinitely, or only until a certain event or date?
  • Putting confidentiality agreements in writing can prevent later misunderstandings
• Interviewers must take precautions to avoid unintentionally exposing confidential sources
  • Minimize how many people know the source's identity
  • Keep files and notes secure and encrypted where possible
  • Avoid including clues in the final product that could allow others to identify the source

Journalistic Privilege

• In some jurisdictions, journalists can claim legal privilege to avoid revealing confidential sources
  • Shield laws vary widely by location and circumstance
  • Privilege is not absolute and may not apply in cases of eyewitness testimony, defamation suits, or national security issues
• Journalists should understand the specific laws and precedents that apply in their jurisdiction
  • Consult legal experts for guidance on when privilege does and does not apply
  • Be prepared to weigh legal risks against ethical obligations to protect sources
• Claiming journalistic privilege can be costly and time-consuming
  • News organizations may incur substantial legal fees
  • Individual journalists may face fines or even jail time for refusing to reveal sources
  • Relationships with sources can be strained by legal battles even when confidentiality is ultimately preserved