On the record, background, off the record: agree terms first

Assume a conversation with a reporter is on the record unless you agree otherwise before sharing the information. “Background” and “off the record” do not have universal meanings. Ask what the reporter means and get an affirmative agreement, rather than relying on the label alone.

Your agency should explain the tradeoff and help arrange the conversation. The spokesperson still decides what to say.

Know what the terms can mean

The Associated Press standards provide one newsroom's definitions:

AP also says information obtained under these arrangements can generally be pursued with other sources for on-record use. Other outlets may define the terms differently.

Fictional example: A founder says something sensitive, then adds, “That was off the record.” The phrase does not retroactively create an agreement. The conversation needed to happen before the disclosure.

Make the actual agreement clear

If anonymity or restricted use is necessary, discuss what information is covered, how the source may be described, and what the reporter may do with it. The journalist can decline the terms.

Ask the agency why special terms are useful in this situation. An ordinary product interview may be simpler on the record. Background can be valuable when it allows useful context, but it should be a considered choice.

An embargo concerns timing. Attribution terms concern how information and its source may be used. Keep those questions distinct; see news timing.

Protect information you are not entitled to share

An agreed ground rule does not grant permission to disclose customer-confidential facts, trade secrets, privileged material, personal information, or unreleased security details.

Bring in the appropriate specialist for litigation, investigations, financial disclosures, regulated products, or recording and privacy questions. For covered issuers, Regulation FD creates additional selective-disclosure considerations that securities counsel should assess.

Expect an independent interview

AP's interview guidance explains that subjects do not receive editorial approval of the story or their quotes. A reporter may check a fact or quote at their own initiative, which is different from giving you control.

If you make a factual mistake, tell the agency promptly so it can help correct the information. Keep track of any promised follow-up. Preparation should make you a clearer, more reliable source, while recognizing that the newsroom makes the editorial decisions.

Publisher disclosure: PressFriendly sells media relations and media training. Apply the same expectations to our preparation.