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Beatblogging legal implications
One of our reporters recently began blogging the process of reporting on a health care story. She's called the blog "Reporter's notebook: The uninsured in NCW", and refers to the posts as notes and information gathered during the reporting process, and hopes to crowdsource through the blog.
I was excited to see a staff member embracing beatblogging, and crowdsourcing, but my Managing Editor is worried that publishing "Reporter's notes" may have future legal implications. Journalists have fervently protected the right to keep notes private, even when subpoenaed in court. By publishing a certain set of "notes" (even if not actually straight transcriptions from interviews, etc.), do we give up the right to protect future sets of notes from public scrutiny?
Or is it all in how we word what this beatblog is?
I would love some feedback, folks!
I was excited to see a staff member embracing beatblogging, and crowdsourcing, but my Managing Editor is worried that publishing "Reporter's notes" may have future legal implications. Journalists have fervently protected the right to keep notes private, even when subpoenaed in court. By publishing a certain set of "notes" (even if not actually straight transcriptions from interviews, etc.), do we give up the right to protect future sets of notes from public scrutiny?
Or is it all in how we word what this beatblog is?
I would love some feedback, folks!
Replies to This Discussion
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Permalink Reply by Ryan Sholin on -
I don't think the title of the blog would be upheld as a precedent by any court, at all, anywhere. I could call my blog "Libelous ramblings of a convict," but that doesn't make it true, or legal, or logical.
Let's put it this way: Call it what you want, but there's still a strong, firm, dividing line between what you've already published, and what you haven't. If you haven't published it, you don't have to turn it over without a fight.
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Permalink Reply by Spencer Soper on -
Brianne,
Your editor should talk to your paper's lawyer before arbitrarily stamping out someone's creativity and initiative. This anecdote highlights the frustrations many print grunts are having in making the transition to digital grunts. If the editor is really worried about this, s/he should call a lawyer before making any decisions. The concerns sound ridiculous, but you can't say that to the editor. What you can say is, "That's a concern I haven't thought about. Can we speak to our attorney and get feedback on this. This reporter has taken a lot of initiative in experimenting with this new project. It's exactly the kind of thing we should be encouraging. Let's make sure we address your legal concerns." Put it back in the editor's court for clarification. Don't let them just kill it on an arbitrary concern. And you might even want to sit in on a conference call with the attorney, to see if there are any legit concerns that you can work around. Good luck.
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Permalink Reply by Clem Work on -
Clash of paradigms: Confidentiality of sources and written notes from traditional newsgathering has been viewed as important for preserving independence, credibility of journalists. Crowdsourcing and beatblogging, at least on public channels, trade confidentiality for greater interaction. But what's public is public, and no longer confidential. "Future set of 'notes,' if not made public, can't be subpoenaed just because past notes were public.
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Permalink Reply by Paul Balcerak on -
I have to agree with Ryan—isn't a story just a mass of curated notes? Just because you've published certain segments of your notes doesn't mean you're obligated to publish everything.
Beyond the legal angle, I think opening up one's notebook is a great idea. Journalists need to learn that if they're going to demand transparency out of everyone else, they need to start living up to their own expectations.
K.C.'s blog is an interesting read and it looks like she's getting a good amount of interaction, too. Just out of curiosity: How much time is she spending on it?
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