What Does it mean to be “On the Record?”
Before you talk to a journalist you should understand the basic ground rules for what the reporter will be able to print or broadcast in their report, and what remains just between the two of you.
On The Record
In most cases any time you talk to a journalist you should assume that what you say is “on the record” which means the reporter can use your direct quotes and summarize the main points of what you are telling them. Remember, reporters are supposed to print factual information, and their main method of gathering that information is conducting interviews with sources like you. Anything you tell them that you have direct knowledge of is considered a “fact” in so far as you said it and it can be quoted.
Off The Record
Sometimes you might have information that you want to communicate to the reporter that you don’t want them to print. This is what is known as “off the record” information—but there are certain rules to be aware of.Technically “Off the record” means the reporter cannot use your information in any way in their work—even as a way to corroborate a fact against other sources. For all intents and purposes, it means that what you told the journalist didn’t ever happen. Since the reporters have to report factual material, they can’t actually use your statement in any way—which begs the question of why you would even want to tell the reporter that information in the first place.
More important, however, is being on or off the record has no legal standing in the United States. Instead it’s an agreement between the journalist and the source. Think of it as a contract secured by the journalist’s professional ethics. This means that you have to come to an understanding with the reporter before you make a statement that you intend to be off the record. If the journalist does not agree, then the statement is considered on the record. It is not a good idea to tell a journalist a story and then, afterwards, tell them the conversation was “off the record,” since you had not reached an agreement and there is no professional obligation for them to honor your request. Most reporters will make exceptions for this if putting that information out into the world could expose you to physical harm.
Additionally, since there are no legal definitions for what is on or off the record, it’s also important to know that a journalist may break the agreement if the information you have provided violated certain laws or puts people’s lives in danger. For instance, if you tell a reporter in an off the record conversation that you committed a murder, or plan to take part in a violent crime, the implications of your actions take precedence over any other agreements you might have made.
On Background / Not for Attribution
In addition to being on or off the record, you also have the option to ask for a conversation to be “on background” which is similar, but not exactly the same as “not for attribution”. This means that your statements are meant to provide direction and context for the reporter to do further research on their own. In some cases a source may not know a full picture of something they want to talk about, but still want to convey a general idea about the broad subject matter without being directly quoted. Meanwhile “not for attribution” means that you believe what you are telling the reporter is a fact, but do not want your name to be used in relation to it. It’s essentially saying “you didn’t hear this from me, but. . . “ Most reporters are rightfully hesitant to allow these sorts of statements because reporting needs to be transparent and based on factual information. Unattributed quotes are generally only usable in print when a source will likely be put in danger or face serious consequences for talking with the press.