If someone in the media approaches you for an interview, it's important to understand your rights.

Journalists are bound by federal and provincial laws on privacy, trespassing and defamation. They also have to follow a set of journalistic codes. For instance, the Canadian Association of Broadcasters (CAB) and the Radio and Television News Directors Association (RTNDA) have developed industry codes of ethics to deal with disputes and complaints.

As well, media outlets may have their own formal or informal rules for reporters to follow. The Canadian Broadcasting Corporation has its own journalistic standards and practices, which can be viewed on its CBC-RC web site at www.cbc.ca.

This section outlines what your rights are according to the law, and according to common journalistic standards. It also clarifies what your options are when the law doesn't protect you, and what to do if you feel your rights are violated.

Permission and Consent

There is currently no law requiring the media to seek the permission of parents or school authorities before interviewing children and young people. If you speak to a reporter, and you know you're speaking to him/her for publication or broadcast, that's all the consent required.

No law requires a photographer to get permission to photograph a person - even a very young person. However, it is the practice of most media to ask for the parents' permission when photographing children.

To protect themselves, many media will ask you to sign a release form or waiver, saying you've agreed to be interviewed.

According to Canadian Radio-Television and Telecommunications Commission regulations, a reporter must ask your permission before broadcasting a telephone interview with you - whether it's live or recorded. However, consent is not needed if you phone the station to participate in a phone-in talk-show type of broadcast.

Disclosure of Identity

Reporters should identify themselves as such, and state their purpose in speaking to you. While the law doesn't require reporters to disclose their occupation, it's generally considered ethical and professional to do so.

You never, ever, have to give an interview to a reporter. You always have the right to decline. If you have something to say but want to protect your identity, you can ask for your name to be left out, ask to be interviewed off-camera, or ask to have your voice or appearance altered.

Slander and Defamation

You have to be careful what you say in an interview. Freedom of speech is protected, but making statements that could cause harm to others is against the law. For instance, claiming that a fellow student was involved in a violent fight could be a defamatory (untrue and slanderous) statement. The student could sue you, the reporter, and the media outlet; or s/he could charge you with libel (printing something that damages another's reputation). It's extremely important not to speculate when answering questions about material you're not sure of.

Revealing something sensitive to a reporter "off the record" is not a good idea. It's generally considered unethical for reporters to publish such statements - but ethics are voluntary guidelines, and no law protects off-the-record comments. Unless you're sure the reporter is trustworthy, avoid making such statements.

Filing a Complaint

If you feel your rights were violated during an interview, or that you were misrepresented in a news story, there are ways to get redress:

1. Outline your concerns in a letter to the media outlet. (For help, see How to Write an Effective Comment Letter.) Address the letter to the news editor of the station or newspaper. You may also want to send a copy of the letter to the person in charge of your local newspaper's "Letters to the Editor" page.
   
   
2. If you don't receive a satisfactory reply within a week, your next step would be to contact the organizations that regulate the media.  Broadcast and print media both have established systems to respond to such concerns. The Canadian Association of Broadcasters created the Canadian Broadcasting Standards Council to respond to public complaints about television and radio content. (For information on contacting the CBSC, see the CBSC Complaints Process.) There are also regional press councils across Canada to handle public complaints about newspaper coverage.
   
   
3. You may also want to send a copy of your letter to an elected official, such as your city councillor, regional representative, MPP or MLA, or your Member of Parliament (MP). Remember that letters addressed to federal MPs do not require a postage stamp.