Some cautions when dealing with the media

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No body represents this as:
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nor as advice.
Your situation is different from anyone else's. Make informed decisions and if necessary get advice

There are some areas where you need to think about what to and what not to say and do on radio, in a press interview etc.

There are only some of things you need to bear in mind when dealing with the media.

And remember that there are some very litigious people out there, these are people who

like to sue
have yet another extension to build on their house and
see your wallet as a suitable and very affordable source of finance.

And there are "ambulance chasers" - unscrupulous lawyers who seek out clients by finding events that could be turned into lawsuits with some chance of success. Then they go looking for "victims" of the case and offer to handle the case on the basis that the lawyer will earn a percentage of the "take". Then they sue the person who committed this "breach" - that was unnoticed except by the lawyer. They win some cases and usually get a good return overall based on their percentage of the payouts.

Avoid falling into their clutches by ensuring that you don't make any actionable statements in the media.

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What this means

First, as many a politician or other public figure has found after the event: Microphones get turned on by mistake or by design and the most amazing things end up on the air. Say only things that you are happy to have published in print or over the air.

There is no guarantee of "off the record", so check whether the microphone is on or the recording is rolling.

And even if the recording is not rolling and the microphone is not turned on, you may still not be able to say anything without it being noted and coming back to cause you problems later.

This is not legal advice

This is not meant to be a complete guide, just an overview of a few points to watch.

It is no substitute for specific legal advice.

Lack of knowledge of these and other areas of possible legal complication and the relevant laws in your jurisdiction may not be an acceptable defence, depending on your legal system. The laws regarding the media and all of these cautions vary from one place to the next. So, if there is any reason for concern or any doubt, get expert advice.

It is cheaper to get legal advice before a problem occurs and so prevent the problem than it is to get legal services after you have a problem.

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Using this

Say nothing before, during or after an interview - whether it is on-site, in a studio or over the phone - unless you are happy to have it published.

Notes get made, mentally or on a notepad for later use.

Most media staff and owners are not out to get ordinary people, but there are definitely some unscrupulous journalists and others who don't let the facts get in the way of a good story. Those people are also unlikely to let ethics get in the way.

Some other areas to avoid unless you know what you are doing and have a lot of money you don't want to keep, include:

Libel, slander and anything else that could be seen as capable of harming someone's reputation, business, standing in the community etc. Remember that truth is not necessarily an adequate defence against a libel action. In fact, there are many people in most societies who are libeled by telling the truth about them.
Contempt of court usually happens where the fairness, justice or even the methods of working of the various parts of the legal system is criticized, challenged, questioned or brought into disrepute. But a key area is where someone blocks the operation of justice or possibly does so. For example, calling someone a thief when they have only been charged with theft can prejudice their ability to get a fair trial. Your local legal system may not regard this as appropriate and you may find yourself charged with contempt. If you are, hope that no-one publishes anything that will in turn cause your trial to be less than fair. Courts take their dignity seriously.
Contempt of parliament or other legislative body. Similarly, criticizing or calling into question your local or national house of parliament or legislature may get you an invitation to such body to explain why you shouldn't be relieved of your savings or of your freedom as punishment. Just like the courts, parliaments tend to take their dignity seriously.
Passing off is when someone misrepresents their goods or services as being those of someone else or that the goods or services have a name or description that they do not have, such that it may injure the business or goodwill of another trader or person.
Breach of copyright. It is not permissible to use other people's material without their agreement. In many situations, a published item does not need to have a copyright statement attached to it to make it copyrighted. Just publishing it is enough.
Trademark, Service mark etc infringement It is not permissible to use other people's registered or unregistered marks or identifiers without their agreement. If you are referring to a trademark or similar mark, you may need to state somewhere that the trademark belongs to the person or company who owns it or show that it is a trademark. Trademarks do not have to be registered to become a trademark. In some situations the trademark is established by its history.
Breach of confidence refers to when confidential information is passed on to someone who had no right to it. An example is when a person sells or gives away the secrets or confidential information belonging to an employer or former employer.
Breach of contract refers to breaking any agreement a person or organization may have had with another that restricts their use of technology, information etc. Contracts are not necessarily written and signed.
Privacy breaches where a person's name or identity is linked to information that is private - this can be as simple as publishing the name and telephone number of someone who has an unlisted number. Because you have that number from them as a friend, acquaintance or associate, you may not realize that it is unlisted.
Of course there are such things as Military and other official secrets which seem to breed in dark rooms and when there is war or terror about, seem so much more important to the powers that be.
And there are more things to be careful of, remember, this is just a brief overview of some of them.

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Taking this further

When there is a need for it or there is any doubt, seek appropriate advice or leave the dubious item out.

As journalists say: "When in doubt, leave out".

And, that just because you are in no doubt, you may still not be safe to go full steam ahead. Develop a nose for trouble and use it to stay out of trouble.

If you are looking at a printed version of this page and you would like to visit it on the internet and get a stack of other info that may assist you, the full web address is
http://www.OrganicExchange.com.au/media/mc000022.htm

Related info:

Radio paints a picture

Dealing with the Media workshop

Difference Drives Delivery

Simpler, easier radio interviews

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