Legal Question in Civil Rights Law in North Carolina

Journalistic Ethics

A journalist eavesdropped on a conversation between two minors. He then attempted to question the minors further on what he had overheard. The journalist then used the information to write a story involving one of the minors (without using the minor's name). No parent was asked permission or notified in advance of the story's publication. In a follow up story, the parent's name was used without permission or prior notification. Is there any recourse against the journalist?


Asked on 5/15/05, 6:44 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Journalistic Ethics

As for "ethics," that is not really a legal question. I will defer to journalists on the ethics of that situation. As for the legalities of it, assuming that the journalist did illegally intercept a transmission (e.g. tap a phone line), then it would seem to be legal. Assuming the minors were speaking publicly (in a mall, restaurant, any public forum), then it is not illegal to listen to the conversation; and it is not illegal to write about it. Assuming the story was true, then it is not illegal to use your name. I do not see any recourse against the journalist under these circumstances.

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Answered on 5/15/05, 4:38 pm


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