The Legality of Shorthand Notes of Conversations

Shorthand: A Journalist's Tool

• When reporting court cases and government meetings, one of a journalist's key tools is his shorthand ability. The required standard of being able to write at least 100 words per minute is vital when recording verbatim what is said in a public forum. In such environments the journalist acts as the public's watchdog, and anything that is said, as long as it reported in both a fair and accurate manner, can be published for public consumption.

The Dangers

• A journalist will often claim that transcribing her shorthand notes is a time-consuming process prone to error, and as a consequence when conducting interviews many reporters prefer to use taping machines or revert to longhand. There are considerable dangers for sloppy reporters who favor shorthand when conducting an interview; a journalist should always retain her shorthand notes in case the accuracy of her quotes is challenged at a later date. In some cases a reporter's shorthand notes have been called on as evidence in court cases; therefore, it is vital that they be easily decipherable by a third party.

A Famous Case

• The Daily Telegraph was sued by Manchester United football player Christiano Ronaldo because a reporter's shorthand outlines were deemed unreadable. The reporter had written a story about Ronaldo which the famous footballer contested, and the court ruled the reporter's shorthand notes did not present substantial evidence to justify the story.

When Shorthand Notes are Illegal

• Guidelines state a reporter may record, film or broadcast a conversation with the consent of all parties involved. However, federal law requires only one party consent to the recording and disclosure of a telephone conversation. Therefore, shorthand notes arising from the aforesaid conversation would be acceptable legally, if somewhat questionable ethically.

  Telling a reporter a matter is "strictly off the record" is no guarantee that he will not take shorthand notes for publication at a later date. A reporter who takes shorthand notes of private conversations he is not party to and uses them for a basis of a story is acting illegally and can face prosecution.