Advertising Law Tool Kit - Tenth Edition | 2022

74 / Venable Successful Engagement with the Media Roger A. Colaizzi rcolaizzi@Venable.com +1 202.344.8051 Negative media coverage can cause reputational harm for brands, retailers, and online advertisers. Reporters who call or show up at your office are usually looking for a “gotcha” story to publish. This scenario requires a well-prepared and measured response that forces the media publisher to comply with the law. While the First Amendment provides broad protection to all forms of media, it does not permit reporters to ignore or act with reckless disregard of the truth. Investigative journalism appeals to the public, and as media outlets compete for viewers, readers, ratings, and clicks, the desire to entertain or rush to publish can overtake accuracy and ethics. Many outlets engage in ambush-style journalism, where adequate investigation and fact-checking are often poor or nonexistent. Such stories can mislead the public and harm a business’s reputation. Engaging in effective dialogue and counter-messaging can persuade media outlets not to publish or to shorten a story, and ensure that a story is fair and balanced.