www.citmedialaw.orgwww.citmedialaw.org

twitter.com/@citmedialawtwitter.com/@citmedialaw

Legal risks associated Legal risks associated with newsgathering with newsgathering

and publishingand publishing

DefamationDefamation

PrivacyPrivacy

Intellectual PropertyIntellectual Property

(You should have been (You should have been listening when Miguel spoke.)listening when Miguel spoke.)

Product and Service Product and Service EndorsementsEndorsements

(Or, how not to get on the bad (Or, how not to get on the bad side of the FTC)side of the FTC)

User Submissions and User Submissions and CommentsComments

Safe HarborsSafe Harbors

(Know them, love them)(Know them, love them)

Digital Millennium Digital Millennium Copyright ActCopyright Act

(DMCA)(DMCA)

Section 230 of the Section 230 of the Communications Communications

Decency ActDecency Act(Section 230)(Section 230)

Practical steps to Practical steps to reduce your legal reduce your legal

risksrisks

Good journalistic Good journalistic practices practices

= = Reduced legal riskReduced legal risk

Good Journalistic PracticesGood Journalistic Practices

Strive for accuracy and check your factsStrive for accuracy and check your facts Cultivate reliable sourcesCultivate reliable sources Approach your work ethicallyApproach your work ethically Seek permission or consent to use the Seek permission or consent to use the

work or images of otherswork or images of others Be willing to correct your mistakesBe willing to correct your mistakes Educate yourself about media law and Educate yourself about media law and

develop procedures for fact checking, develop procedures for fact checking, rights clearance, and newsgathering rights clearance, and newsgathering

Shield LawsShield Laws

(Or, you’re in Mass., forgeddaboutit. (Or, you’re in Mass., forgeddaboutit. Move to Rhode Island.)Move to Rhode Island.)

Create appropriate Create appropriate website website

terms & conditionsterms & conditions

Website T&Cs and Privacy Website T&Cs and Privacy PolicyPolicy

Don’t make promises you can’t or Don’t make promises you can’t or don’t intend to keepdon’t intend to keep

Be clear about what information you Be clear about what information you collect from users and whether you collect from users and whether you will keep it privatewill keep it private

Designate someone to receive Designate someone to receive notifications of copyright notifications of copyright infringement under the DMCAinfringement under the DMCA

Children’s Online Children’s Online Privacy Protection ActPrivacy Protection Act

(Get thee to a lawyer.)(Get thee to a lawyer.)

InsuranceInsurance

(You’re a professional, so act (You’re a professional, so act like one.)like one.)

Where to go for help?Where to go for help?

www.OMLN.org

A Legal Referral Network for Online Media

An initiative of: