Requesting protection from an outlet
"is there anything you can do/say in the negotiation process to get them to indemnify you other than pulling the story?”
Generally editors and producers are sensible, empathetic, and on your side to the maximum extent possible within their company. Rather than legalistic, high-minded arguments, they’ll generally respond best to the quality of your reported story itself, your trustworthiness, and your forthright and firm intention to help the outlet serve the public—on safe terms for yourself.
Any outlet that understands the role of risk in public-interest journalism will understand the value of indemnifying reporters—which will in turn help the outlet attract good stories. If needed, here are some ways you might help the outlet look out for you:
- Know your contract basics.
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Assume your editor wants you protected; if the contract language isn’t there, articulate or affirm your need, and then see if you can learn any specific objection to it.
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Appeal to fairness. If an outlet is vetting the story and benefiting from it—in theory would even ultimately accept an award for it—they should take responsibility for it.
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Appeal to their outlet’s own business interests, as well as their legal interests—in the real world (of hostile complaints), they will want the freelancer on the same team: Indemnification makes sense overall.
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Politely inform as needed. Spell out any implications from your perspective. Sometimes a contract seeks to retain the option to throw a freelancer under the bus. Not good for anybody, but don’t assume your editor condones or knows that. Explain if helpful.
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Never work without a contract; always codify spoken assurance. You can trust your editor or producer and remind them that any sole proprietor has to make business decisions based on written assurances:
- Sorry, I would love to produce this story if we can otherwise work this out. But I can’t justify the personal exposure this contract requests that I take on. This arrangement effectively asks me to mortgage my house and my family’s finances for a byline. I’m afraid it’s just not feasible on these terms.
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I will pledge to uphold standards, but in order to do my best work, I can’t carry the risk this partnership is requesting. It’s untenable from a personal and business perspective.
The rest is negotiation, Plan Bs exist. Hold out for protection elsewhere, if needed.