A Guide to Legal Resources

Legal problems for freelance journalists can take many forms, but there are many resources to help respond. Photo: Blogtrepreneur via Flickr Creative Commons (CC BY 2.0).

Freelance Files: A Guide to Legal Resources

By Elyse Hauser

With press freedom declining in many places, any journalist might have nightmares about legal issues. But the prospect can be especially terrifying for freelancers — it’s even more daunting to face legal action without a newsroom’s support and resources behind you.

The good news is that lots of organizations can and will support freelance journalists through legal challenges. Whether you’re currently facing a legal problem or just want to know what your future options are, here’s what you need to know.

 

What do legal issues look like for freelancers?

Legal problems for freelance journalists can take all kinds of forms. Sometimes they happen online; other times in person.

Maybe you’re wrongly denied access to an event you need to cover or given a subpoena summoning you to court because someone wants information you’ve gathered.

 

You might receive a chilling statement

threatening legal repercussions

for the work you do.

 

You might receive a chilling statement threatening legal repercussions for the work you do.

You might have equipment (like your phone or camera) searched, seized or even destroyed.

At worst, you may get arrested or assaulted while doing journalism.

These are just a few of the common legal issues and threats freelance journalists may face. There can be many others. No matter what they are, this guide can help you figure out how to respond.

 

Getting started

Often, your first step when facing legal issues should be to speak to an expert, who can point you toward the correct next steps.

The Reporters Committee for Freedom of the Press has a legal hotline, a great place for U.S.-based journalists to start. Consider saving the RCFP number to your phone: 1-800-336-4243. For less-urgent questions, you can also use the online form — just avoid submitting anything confidential.

The Legal Network for Journalists at Risk coordinates a number of organizations offering legal support. LNJAR’s legal support page has the instructions for requesting assistance by email.

Have you joined the new media ecosystem by starting your own Substack? Substack Defender is the platform’s legal advice and support program for creators, which you can apply for.

However, it’s currently only for Substackers in the U.S., U.K. and Canada, and is generally intended for those with 50 or more paying subscribers (though others may be considered).

 

Finding representation

Think you need a lawyer?

Again, RCFP’s legal hotline is a good place to start if you work in the U.S. Its attorneys can help you look for free or discounted legal representation.

U.S. reporters may also consider contacting the American Civil Liberties Union affiliate in the state where a legal incident occurred. Visit the website for a state-by-state list.

Not U.S.-based? Check out Media Defence in the U.K., which helps global journalists access legal support, including finding a lawyer. Reporters Respond from Free Press Unlimited in Amsterdam is another option, offering legal representation and other help.

 

Funding a legal battle

If you’re faced with expensive fees or other costs, you may be able to get help from an emergency fund.

The Committee to Protect Journalists offers financial and other forms of assistance to journalists. Funds can be provided for critical things like legal help if you’re in a safety-compromising situation. Send an email to emergencies@cpj.org to request assistance.

Reporters Without Borders has an online Assistance Desk, which can offer legal fee support if you’ve been wrongfully prosecuted.

For U.S.-based journalists, the PEN America U.S. Writers Aid Initiative offers grants for experienced writers with financial emergencies. If your legal battle involves U.S. freedom of information issues (for example, suing to get documents released), you can also request support from the Society of Professional Journalists’ Legal Defense Fund.

 

Preventing issues in the first place

While you can’t totally prevent legal problems, a little preparation goes a long way.

About to cover an event where you might be wrongfully arrested, such as a protest? Contact the RCFP hotline. Its lawyers can connect you with local criminal defense counsel, who can help you get charges dismissed if needed.

About to publish a sensitive story? You can also try ProJourn, RCFP’s pro bono program, which has its own website where you can request prepublication review by a lawyer.

 

Digital security is an important first line

of defense. Proactive security measures

can help prevent issues.

 

Digital security is an important first line of defense. Proactive security measures can help prevent issues, such as an unlawful phone search while you’re crossing the U.S. border. Many best practices are straightforward: use complex passwords, enable multifactor authentication and delete apps you don’t need.

However, digital security for journalists can be more complex. Consider requesting a digital security training from the Freedom of the Press Foundation, which trains freelancers as well as organizations. Trainings range from Digital Security 101 to niche topics like handling leaked files. [Full disclosure: SEJournal editor Adam Glenn serves as deputy editor at FPF.]

 

Read your contracts, know your rights

It's wise to carefully read your freelance contracts for info on liability: whether or not an outlet will take responsibility for legal issues (like a defamation claim) from a story they contracted you to write.

Some outlets extend liability protections to freelancers; many do not. Freelance Investigative Reporters and Editors offers a “Guide to Freelancer Protection,” which breaks down the liability practices of some major outlets.

Lastly, it's always helpful to know your rights. When you can, read up on relevant advice, like the Society of Environmental Journalists’ guide to shield laws for source protection.

You may also want to check out RCFP’s Reporter’s Privilege Compendium, which offers detailed information on reporters’ privilege in different U.S. locations: the right to not testify or disclose information in court. However, be aware that information can quickly become out of date as laws change. Keep an eye on your networks for the latest updates on your rights.

As staff journalism jobs disappear, freelancers play an ever-more-crucial role in getting news to people who need it. Use this guide to prepare wisely, so legal problems are less likely to stop you from doing the essential work that you do.

Elyse Hauser is a freelance writer from the Seattle area who specializes in environmental writing. She is co-editor of SEJournal’s Freelance Files column.

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* From the weekly news magazine SEJournal Online, Vol. 10, No. 33. Content from each new issue of SEJournal Online is available to the public via the SEJournal Online main page. Subscribe to the e-newsletter here. And see past issues of the SEJournal archived here.