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  HAROUTUNIAN LAW OFFICE

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What does “Off the Record” actually mean?

5/22/2019

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Question:  What does it really mean you tell a reporter “this conversation is off the record”?

Answer:  Many politicians, such as the short term White House Communications Director Anthony Scaramucci, and Senator Bob Corker, appear to need a refresher course on “off record” conversations.

It is first important to realize the designation “off the record” is not a legally enforceable standard.  There are no privilege laws governing the relationship between interviewer and interviewee.  Information sources can only rely upon the ethics or the reporter, and their self interest in preserving a trusted reputation.  At any time, a reporter could break the norm and release information you state is “off the record”.  Commonly, to serve public safety, a reporter may disclose such information. 

Interestingly, there are various types of conversation designations:On the Record:  Obviously, anything you say can be published.Off the Record:  Some reporters consider such information as anonymously quotable, while others, think they can't use the info at all.  Don’t just say, this info is “off the record.  Be clear with your intentions and define how your info may or may not be used.On Background:  A reporter can use your information, but cannot identify you as the source.  Even hints as to your identity are not allowed.  Not for Attribution:  A reporter can't use your name, but perhaps your position, such as "hollywood sources" or "pentagon officials".   It is most important to clearly identify the designation you wish to apply to the discussion and information you give a reporter, before you start speaking.   
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