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===Confidential information=== A journalist may agree to discuss a topic "off the record". According to the [[Poynter Institute for Media Studies|Poynter Institute]], if a reporter agrees to an off-the-record conversation, "the ethical thing to do is not report or even repeat that information".<ref name="Poynter">{{cite web |last1=Jones |first1=Tom |title=What does 'off the record' mean? The latest journalism controversy |url=https://www.poynter.org/commentary/2021/what-does-off-the-record-mean-the-latest-journalism-controversy/ |website=Poynter |access-date=23 September 2024 |date=20 September 2021}}</ref> Unlike a [[non-disclosure agreement]] (NDA), an agreement to talk off the record has no legal force. Unlike a non-disclosure agreement, it lacks one or more of the elements that make up a binding contract.<ref name="LawDepot">{{cite web |title=Off the Record vs a Non-Disclosure Agreement - LawDepot.com |url=https://www.lawdepot.com/resources/business-articles/off-the-record-vs-a-non-disclosure-agreement/ |website=LawDepot |access-date=23 September 2024}}</ref> However, like a non-disclosure agreement, a source may be able to use contract law to control the use of the information provided or protect their privacy.<ref name="Cohen v Cowles">{{cite web |title=Cohen v. Cowles Media Co., 501 U.S. 663 (1991) |url=https://supreme.justia.com/cases/federal/us/501/663/ |website=Justia Law |access-date=23 September 2024 |language=en}}</ref> Some journalists and news organizations have policies against accepting information "off the record" because they believe it interferes with their ability to report truthfully, or because they suspect it may be intended to mislead them or the public. Some people believe it is unethical for a source to give information off the record. Even if writers cannot report certain information directly, they can use "off the record" information to uncover related facts, or to find other sources who are willing to speak on the record. This is especially useful in [[investigative journalism]]. Information about a surprise event or breaking [[news]], whether on or off the record, is known as a "tip-off". Information that leads to the uncovering of more interesting information is called a "lead".
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