The Dos and Don'ts of "Off the Record"

Perhaps the most iconic and intriguing phrase in the media world, “Off the Record” (OTR) often serves as fodder for dramatic Hollywood moments where the fledgling reporter finally gets the scoop that breaks the story wide open. In reality, OTR scenarios are delicate matters when dealing with the media, requiring tact, patience, and protocols which may determine where that information ends up.

With this in mind, we offer the following time-tested “dos” and “don’ts” for handling this valuable, yet fragile tool for Public Relations success.

DO: Ask for permission to speak off the record and wait for the reporter/media contact's confirmation.

Asking permission to speak off the record may seem like a simple and obvious first step, but it’s absolutely vital to do correctly. Keeping in mind that reporters may not always have your undivided attention, be certain that your OTR request is direct and clear without any room for misinterpretation. Likewise, wait for and be certain that you receive a clear confirmation before proceeding with the key aspects of the conversation. If the reporter/media contact responds in any way ambiguously, simply ask again while maintaining a professional tone. 

This meticulous approach will ensure that no misunderstandings occur from the outset, while establishing the framework for all future on- and off-the-record discussions.     

DON’T: Say "off the record" and immediately continue talking.

This is a surprisingly common mistake, as most of us have the tendency to verbally release as much information as quickly as possible while it's still fresh in our minds and/or scribbled down in notes. The key here is mindfulness. Before making contact, be fully aware of the hard line between receiving off-the-record permission and the act of communicating the information you want off the record. 

This definitely is not something to be casually added  mid-conversation. It’s used to define how the information can be presented in the public domain. A reporter’s goal is always to obtain information — specifically news. If you casually say “and off the record” mid sentence and continue speaking, that information isn’t actually considered unusable in their reporting. It’s technically fair game and could end up in a published story. 

As noted above, you must receive the contact’s confirmation for the conversation to be deemed "off the record" and unattributable or publishable. Lunging forward without this consent can be disastrous, especially if dealing with an unscrupulous or careless reporter. 

DON’T: Overuse "off the record."

Every conversation with the media should not be deemed off the record. Only in cases where information absolutely cannot be made public do you want to use this tactic. No self-respecting reporter will want to maintain a professional relationship with someone who constantly demands off-the-record conversations, as this is naturally antithetical to their occupation. Strive to request OTR conversations sparingly, yet strategically, to fit your PR needs.  

DON’T: Mistake "On Background" for "Off the Record."

“Off the Record” means the contact cannot use the information you provide other than to find a source who can confirm it on the record. It's simply an exchange of knowledge. 

"On background" means the information you provide may be cited, but not sourced. When you read "someone close to the story" or "someone close to the matter who had to speak on anonymity" — that's typically an "on background" situation. It allows the media contact/report to publish your information without explicit attribution. 

“On deep background” is, not surprisingly, the next level of background in which a source may not be quoted directly or identified in any way. A reporter must publish this type of information without attribution or with a phrase such as, “It has been learned that…” Reporters are generally discouraged from publishing information on deep background (see “All The President’s Men”) but it’s worth mentioning here to demonstrate the various levels involved in sharing critical information with the media.

Familiarizing yourself with these terms and bearing them in mind as you prepare to reach out to reporters can make all the difference in your communication efforts and ultimate results.

DO: Use “Off the Record” via phone or in person discussions.

These are the most secure methods to convey information.

Unless you have established trust with a contact, it's always best to address off the record topics on the phone or fact-to-face, versus email or any electronic communication, where written information can be circulated and easily traced back to the source. 

A famous example of this involved the WikiLeaks “Hillary Leaks series” in which Democratice National Committee staff emails contained off-the-record and deep background correspondence with major media outlet reporters. The rest, as they say, is history – or in the context of dos and don’ts, a teachable moment.

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