I’ve encountered an interesting ethical issue with this documentary, reporters and their sources going off-the-record while on camera. When I was a TV reporter, we’d just turn the camera off, but this is different. I’m trying to show the process of reporting, and going off the record is a part of reporting.
There’s a lot of confusion with going off the record. Here’s how the Associated Press defines it:
On the record. The information can be used with no caveats, quoting the source by name.
Off the record. The information cannot be used for publication.
Background. The information can be published but only under conditions negotiated with the source. Generally, the sources do not want their names published but will agree to a description of their position. AP reporters should object vigorously when a source wants to brief a group of reporters on background and try to persuade the source to put the briefing on the record.
Deep background. The information can be used but without attribution. The source does not want to be identified in any way, even on condition of anonymity.
Most sources don’t understand off the record, so reporters have to clarify it and that’s an important part of the process to capture. Also, most of the time, reporters are able to talk their sources into using that information on the record, and if I just turn the camera off, I won’t get that exchange.
The first time it happened, I had to stop and clarify if it was off the record just for now or if it was off the record years from now when this documentary premieres. It prompted an interesting discussion, led by the reporter, and the source let me record it. After that moment, the reporters I’ve followed have been pretty good about defining what off-the-record means for both their story and the documentary.
Another example happened when a reporter sat down for an off-the-record meeting with a potential political candidate. It was more a “getting to know each other” meeting, but it was off the record. The fact that this documentary wouldn’t be seen until well after their election was enough to talk them into letting me film it.
On the other hand, some of the material I’m filming is even more sensitive. Normally I wouldn’t show the people I’m following a rough cut of the documentary for approval, but this time I need to make sure I’m not burning sources for some of the reporters. Even though it’s not part of our memorandum of understanding, I’m going to need to show them some scenes to make sure I’m not burning their sources.