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Thursday, April 29, 2021

Talking to Journalists

Something I learned in the early days of writing this blog is "how to talk to journalists", and so I thought I'd do a post on it partly to remind me in future when I forget.

First thing - you do not have to talk to them. If you are uncomfortable, then don't. For the most part, they need you more than you need them. If you don't speak to them, you are exactly where you were prior and you carry on with your day to day life - but they don't have a story (or a weaker one) and those things they need. So - again - if you don't want to, just don't talk.

Journalists are not your friend even if they are friendly. They have a job to do, and you're a source of information for them in getting that done. It doesn't mean they are hostile or out to get you, but don't speak to them like they're a friend. 

Remember that like in any profession there are good ones and bad ones. Most I've spoken to were professional, checked all pieces of information given, went to multiple sources, and tried to make sure they were writing a good story. Some clearly didn't care. Before you talk to them go look up their previous articles, the publications they work for, and see if they are well written pieces and reputable publications. If you don't like how they write, don't speak to them or do so very very carefully.

Choose your words with care, they might end up on the front page of a national paper. Pause, think, and imagine what someone you don't know will read into your words, including future employers.

Email is also a good approach to communication - you have time to think about your answers and edit, and in the end there is no question of what you did or did not say. Journalists seem to prefer voice communication though, at least in initial discussions.

Also remember that anything you say can and may be used in their story with attribution, even if you say "this is on deep background" and then tell them something. They have to agree to that before you tell them something, otherwise they are under no obligation to do so. So, if you want to do the "off the record" thing, get that clear agreement first, (possibly in an email), and also make sure you understand what the terms actually mean. Taking from Associated Press definitions:

On the record (Default): The information can be used with no caveats, quoting the source by name. 

Off the record: The information cannot be used for publication.

Background: The information can be published but only under conditions negotiated with the source. Generally, the sources do not want their names published but will agree to a description of their position. AP reporters should object vigorously when a source wants to brief a group of reporters on background and try to persuade the source to put the briefing on the record. These background briefings have become routine in many venues, especially with government officials.

Deep background: The information can be used but without attribution. The source does not want to be identified in any way, even on condition of anonymity.

In general, information obtained under any of these circumstances can be pursued with other sources to be placed on the record.

I've sometimes taken the approach of "I'll speak to you on Background, where you can describe me as 'a person familiar with the company'. If you want a quote attributed to me, I'll consider and send you it in email" because I want control on what my name is attached to. I've found most good journalists agree to this or something similar. Ones who are looking more for hits than a solid story drop you quickly - I'm not sure if that's because this makes more work for them, or because it signals they are dealing with someone who knows the game.

If you think a Non Disclosure Agreement applies to anything you are talking about, then you really, really want to talk to a lawyer first. If the lawyer says it does apply, then you do not talk unless you want to risk a lawsuit. If you still think you need to talk to them, then ask your lawyer for advice on how to do so. If in doubt, just don't. And if you can't afford a lawyer for an hour (~$500) then you can't afford a lawsuit and need to stay quiet. Similar rules apply if you are speaking regarding a person with deep pockets or access to a lot of someone else's money, even if there is no NDA, as they can still cause a lot of pain legally. 

If you've signed a government secrets act and this applies, then be prepared to go to jail for a very long time. Seriously, just don't risk this one.

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