Citizen Media and the law — freedom and risk

These notes were drafted as part of the *Citizen Media and the law — freedom and risk* breakout session at the Minnesota Journalism that Matters New Pamphleteers conference… FOIA and public access: FOIA – the fee waiver has been expanded to include those who publish regularly, legal fees can now be recovered if you need to sue. There is no exclusion for FOIA under copyright law. Every state has something parallel to FOIA — some are good for citizen journalists whereas others are terrible Open-meetings act: How do they define what falls under the act? Bloggers and professional media are covered equally First ammendment right to criminal and civil trials and proceedings with an exemption for juvenile proceedings The law provides some limits; however, generally speaking you can take photos and video in public places, but not private property. The states have been very restrictive regarding ride-alongs, telephoto photos in private area. Public private property is treated as public space. As a general rule you have a right to any public place, but whenever a security personnel asks you to leave, it is recommended that you leave. Risks of publication: Mainly defamation You’re liable if you’ve done something you shouldn’t have done, or failed to do something you should have done. The highest standard is a public official or figure who must prove actual malice – a subjective standard that means the publisher had reason to know the info was false. Be consistent with whatever your standard practice is regarding notes Be careful of creating contemporaneous documents that you have doubts about validity of information The other category falls under private individuals who have a lower standard: negligence in verifying the information is accurate If you’re thorough in your reporting you’ll reduce your risk of lawsuits. Publication of private facts can also open you up to lawsuits Intellectual property, copyright infringement, all expressive works are automatically covered under copyright unless expressly stated elsewhere Communications decency act means that you will generally not be liable – even if you edit for civility and choose what comments to publish All of this, and more, can be found at the [Citizen Media Law Project](https://citmedialaw.org/). There is an entry form to improve the database of legal issues.