Connolly and Duhé Chapter 7, Responding to the Media, January Draft (27Jan.—DRAFT SUBMITTED TO ABA/ELI), Page 1 of 25
Chapter 7: Responding to the News Media
Rock-Bottom Essentials
The media can be a powerful tool, but journalists are not tasked with public relationsa journalist’sjob is to bring news to the public
Journalists who contact sources are usually working under tight deadline
Ten Rules to Follow:
1.Be prepared
2.Know your subject matter
3.Be correct
4.Be quotable
5.Select three key points
6.Don’t ramble
7.Neversay “no comment”
8.Don’t deal with “what if” situations
9.Don’t go “off the record”
10.Be visual
By the Numbers
There has been a steady decrease in sound bite length, from more than 40 seconds in the late 1960s to 7.8 seconds during the 2000 election cycle. Even smaller sound bites are common now
The typical “news hole” on a 30 minute local television newscast may be as small as 6-8 minutes, and a “news hole” in a newspaper or on the Internet is also limited
There is no “standard” number of questions a journalist may ask; some journalists may ask only one or two questions during an interview to get the information or sound bite that they need while others may ask numerous questions
For Further Reading
Victor Cohn Lewis Cope, News and Numbers: A Guide to Reporting Statistical Claims and Controversies in Health and Other Fields(Blackwell Publishing, 2001)
Robert Cox, Environmental Communication and the Public Sphere (Sage Publications, 2006)
Clarence Jones, Winning with the News Media: A Self Defense Manual When You’re the Story (Winning with the News Media, 8th ed. 2005)
Bernadette M. West, M. Jane Lewis, Michael R. Greenburg, David B. Sachsman, Rene Rogers, The Reporter’s Environmental Handbook (Rutgers University Press, 3d ed. 2003)
Chapter 7: Responding to the Media
I.Introduction
A journalist calls (or emails). Are you ready? If not, this chapter will help you be ready! Even if you think you’re ready, this chapter will help you be sure.
A media strategy can (and should) be a central part of many environmental legal matters.[1]Like it or not, numerous legal issues play out in public.[2] Thus, environmental lawyers and advocates often need to include media in the overall plan for their work on a particular matter.Although legal responsibility for violations of environmental laws may be established in the courtroom,[3]“public opinion as to who is the culprit is likely to be determined by media coverage.”[4]The same is true for whether a piece of legislation will pass or how a public hearing on a proposed permit will proceedmedia coverage of environmental issues certainly plays a role in how the public understands the issue...and may even play a role in the outcome.[5]
We have organized this chapter into two sections. We begin with a short section that helps the reader put her or himself into the shoes of a journalist and re-think legal and policy matters from a media perspective. We then have a longer section with ten “rules to follow” when a reporter calls. For more on seeking journalistic coverage, see Chapter 8: Proactive Media Coverage.
II.Putting Yourself in the Journalist’s Shoes
First and foremost, remember that journalists think differently than lawyers.[6]As the JournalistLawSchool at Loyola Los Angeles puts it, “[l]awyers think in doctrinal terms; journalists write narratives.”[7]As another scholar has explained, “journalism has a set of communication practices that blur the distinction between fact, information, and knowledge, collapse fact and value, and have literary properties.”[8] So while lawyers and their clients are thinking about winning cases, passing a piece of legislation or applying for a permit, the journalist is thinking about the story, and how it will play out in whatever platform it will be released (newspaper, broadcast, Internet, or some combination).[9]
Why would the media contact environmental lawyers or their clients? Either the “story” is out and the media want an opinion, or the issue finally has gotten the media’s attention and they’re ready to do a story. Perhaps the media will ask for someone related to the issue (you or a client) to appear on a television or radio public affairs show or ask for a sound bite for the morning, noon, or evening television news. Or, maybe a journalist will be interviewing for a story for the newspaper andits Internet site, or even a trade publication. You and your firm or organization (and perhaps even your client) need to be ready before the media contact you.
So, when the media call (or email)[10] you for an interviewor stick a microphone in your face on the courtor state house stepsremember one thing: this is your opportunity to get your message across.[11]Talking to a reporter provides you with the chance to tell the side of the story from the perspective of your cause or client.[12]
The primary question is: Who is the best spokesperson for your position?[13] Is it the attorney, the client, or someone else? If you are working for an organization, is it the president, chief executive officer, board chair, or the public relations spokesperson? There are times when a public relations spokesperson can fill in to do the job. However, when there are major issues at stake, some public relations specialists argue it is most important that the top official, or someone with appropriate authority or visibility, act as the spokesperson.[14]If there are aspects that one spokesperson cannot answer, the client or organization may choose a team of spokespersons.[15] Whether it is one individual or a team, the person or people chosen to interact with the media must be carefully selected.
A decision as to who should be the spokesperson may be even trickier if there is a pending case or other legal matter. Confidentiality or privilege may limit what an attorney can say.[16]Other ethical rules may limit what anyone can say about a pending case.[17]Keeping the rules of professional conduct in mind, therefore, will be a central part of managing the media in some situations.For details on this important topic, see Chapter 9: The Ethics of Working with the Media.
Whatever the decision as to who should speak and what they can say, a consistent position is critical.[18]Everyone should be sending the same message.[19]The public relations spokesperson should not be presenting inconsistent information from the president or chief executive officer, and an attorney’s position should be entirely consistent with that of the client. Those representing a single stakeholder should always speak in one voice.[20]
Remember that, ultimately, the job of the media is to share the news with the publicbe it the general public through mainstream media or a specialized group through trade press. But media professionals are people too.[21]As one professor explains in a basic media textbook, “[t]he journalistic ideal, an unbiased seeking of truth and an unvarnished telling of it, dictates that the work be done without partisanship. Yet as human beings, journalists have personal values that influence all that they do, including their work.”[22]Keeping in mind that you are working with human beings is vital. The next section sets forth some rules that will help you interact with these journaliststo best advance the message of your environmental law or policy matter.
III.Rules to Follow
Once you’ve decided who is the best person to speak to the media, and made that person aware of who the media are and what they might be looking for,[23]there are basic rules to follow.[24] These rules can maximize chances for favorable coverage when responding to the media.[25]Here are ten rules that shouldassist.
Rule 1:Prepare, Prepare, and Prepare
Preparation for a media interview begins long before a reporter ever asks the first question.[26]In fact, many who are facing an interview with the media often wonder what they should ask the reporter in advance. It is fair game to ask the reporter for specifics regarding the interview.
The reporter has a job to do, and it is not to either harm or benefit you or your client. The reporter’s job is to report the news. From your end, therefore, it is fair to ask all the questions you want.[27]You should know who the reporter works for, what they are covering, when their deadline is, and what specifically they want to discuss with you.
When a reporter does give you the topic before the interview, you should be prepared to answer his or her questions.[28] The simplest way to prepare for a news interview is to think through the topic using the 5 W’s+—who, what, when, where, why, and sometimes how.[29]
At the same time,be aware that a reporter who tells you she or he is going to ask you about a certain set of issues may bring up other related topics. If a reporter wants to discuss a pending environmental case, you therefore may need to be prepared to discuss other violations that your client may have had. If a reporter wants to discuss new environmental regulations, you may need to be prepared to discuss the written comments submitted by otherstakeholders or how your clientcomplied with former regulations. If a reporter wants to discuss pending energy legislation, you may need to be prepared to discuss your client’s views on the action,agency, or recent media coverage of related events. Of course, in advance you should make sure that your position is clear andconsistent with your agency, organization, or client.
When responding to the media in person, it is also important to look the part. That not only means selecting the appropriate attire[30] but also showing the appropriate emotion. Being sincere and natural will help you be believable.
Data also help with believability. If there are statistics, written reports, or other documents that would aid the reporter with the story, make them available for the reporter. Unless you are off-site or out of the office, it may be easiest to provide those data via email or through website links. Remember that the reason the reporter came to interview you in the first place is that you are considered an expert on the topic. Help bolster that expertise by providing all the information you can.
What if the reporter calls you for a comment but you are not prepared? It is fair to ask what he or she is looking for and say that you will get back with them as soon as possible? Keep in mind, all reporters work on deadlines and if you don’t help a reporter meet a deadline, your side of the story may be lost. So ask what the deadline is and be cognizant as you prepare. Work with the reporter. If you are helpful, chances are that reporter will come back to interview you next time. Or better yet, word will get out that you’re a helpful source and other reporters will approach you as well.
You may even need to be prepared to deal with entirely different topics in an interview with a reporter. Your response to a question may lead to a related or even entirely separate issue. After all, a reporter’s job is to be a good listener.[31]If you are willing to talk about other subjects, you may even get an interested journalist to write a different or additional story.
Upshot—our advice is: be prepared!
Rule 2:Know Your Subject Matter
A journalist may call an environmental lawyer or advocate for a variety of reasons—as a representative of a client, as an environmental expert, or as a legal expert.Regardless of role, you need to know everything possible about the subject the reporter is covering. That means you need to know the topic (to the extent feasible) inside and out. You should “study up” by reviewing materials and thinking through issues from the media perspective,[32]especially if you have agreed to the interview in advance.
With environmental law, knowing the subject matter may mean knowing not only the applicable law, but also the science behind the environmental issues. For both the scientific and legal implications, it is important that your audience understand what you are talking about. Take the legal and technical jargon out of your interview as much as possible. It is critical that the audience (especially for mainstream media, where the viewers/readers likely do not have your legal and scientific background)[33] understand the matter even if they are not members of the legal or scientific communities.[34]
Keep in mind that there is a difference between information and news. “Information is background and context that sets the stage for a story and fills in the gaps.”[35] However, news “is what is new; it’s what’s happening.”[36] Sometimes a reporter will interview you and it will not result in a news story or even a quote. But if you know your subject matter and were helpful, it is likely the reporter will call again.
Upshot—our advice is: know your topic inside and out!
Rule 3:Be Correct
There are reporting fundamentals that all journalists adhere to.[37]A professional ethic “demands fairness and accuracy of every journalist”[38] and includes a tradition of objectivity.[39] Objectivity can be defined as “reliance on observable facts [and] also a methodology for freeing factual reporting from the biases and values of a source, writer or reader.”[40]One former columnist at the San Jose Mercury News has recast these fundamentals into “four pillars of good journalism” for a modern age: 1. Thoroughness; 2. Accuracy; 3. Fairness; and 4. Transparency.[41]
Reporters therefore need the correct information to do their jobs.Answer their questions with precision.If you don’t know or you’re unsure about the answer to a reporter’s question, be honest. Tell the reporter that you don’t know, and if you are able, offer to find the answer.Reporters would prefer to have the right answer later (either from you or another source) than the wrong one right away. Chances are reporters will have already done theirhomework and will actually have some of the answers to most questions.[42]They ask, however, because they may need you to tell them the answers on camera or need a quote from you. Reporters also may be making sure that the answers you or others are giving them are accurate.
Upshot—our advice is: be correct!
Rule 4:Be Quotable
Every single word you tell a reporter potentially can end up on the evening news, in the newspaper, in trade press, or as an Internet headline. Therefore, each sentence you utter is crucial. To maximize appropriate coverage follow this (simple to say but not simple to follow) rule: be quotable.[43]
Creating a good quote is particularly difficult for many lawyers. Lawyers speak in a special language (sometimes referred to as “legalese”)[44] when they talk about their trade (and, sometimes even when they talk to friends and family!).[45]Add to this situation the difficulty of speaking in “plain English” about many environmental matters.[46]Then add to those realities the fact that journalists often feel ill-equipped to cover the environmental beat.[47] Despite these language-based obstacles, successful media coverage requiresa time investment in word choice. You and your client can reap benefits if you spend time thinking about the best wording to maximize the chances of being quoted.[48]
So, how do yougenerate good quotes? Good, and even great, quotes rarely slip off the tongues of those being quoted. In fact, most great quotes that you hear on the evening television broadcastor Sunday morning talk shows, or ones that you read in the newspaper or on the Internet are quite strategic.[49] The best way to come up with a great quote is to brainstorm with others familiar with the issue.
Likewise, you also don’t want to say the wrong thing.[50]You may want to practice putting your thoughts into words. Beware, however, of just typing up a few things. Practice your message out loud to make sure it works in the spoken context.[51] Your quote should sound natural, sincere, and be understandable to the public.
When you consider that presidents have been elected using fewer than ten-second sound bites,[52]you can only imagine how much time a mainstream media reporter may actually give you to get your point across. In fact, television news literature has documented a steady decrease in sound bite length from more than 40 seconds in the late 1960s[53] to 7.8 seconds in the 2000 election.[54]One scholar has noted that “[a]s newscasts have gotten faster-paced, sound bites have grown shorter.”[55] That scholar uses the term “bitelets” to refer to the 2-3 second quotes that his research shows are becoming more and more prevalent.[56]These days, it really doesn’t matter if it’s electing a president or reporting on the environment, the economy or something else: the simple truth is that sound bites are short!
There’s a reason for short sound bites in the television world. If the average television newscast is 30 minutes,[57]once you take away commercial breaks, weather and sports, your actual time for news (what media professionals refer to as the “news hole”)[58]may be anywhere from 6 to 8 minutes.[59]That’s not a lot of time to report on all top international, national, state, and local news on your newscast. If an entire news story or news package is 1 minute,[60] and the reporter has to give both sides of the story, you’ll be lucky if you get a total of 15 seconds.[61] So to be quotable you must keep your answers short and to the point.