The above image contains the full text of my message, absent the rest of the copy-pasted hypo. I’ll note in the interests of broad fairness that other involved parties suggested edits, notably that the last-minute evidence was evidence indicating the key witness had lied and that “7 days” is longer than they had to respond to the material claims. I used none of their suggestions. I think the hypo could be a reasonable question across a somewhat broad range of specific factual emphases and think the framing as-is is sufficient to get good answers; in my messages, I did not alter the hypo from the words you chose.
I reached out to three journalists with long investigative track records and have two responses so far. It goes without saying that these are people I have close working relationships, regular communication, or other personal connections with, but I believe the framing and lack of context provided mean they are well-positioned to consider the question in the abstract and on the merits independent of any connections.
The first response (update: from Katie Herzog):
I would delay publication. I’m not sure about the specifics of libel law but putting myself in a publisher’s shoes, they do tend to not want to get sued and your first commitment, beyond getting the scoop or even stopping the hypothetical group from doing harm, should be towards accuracy.
The second (update: from Jesse Singal):
I think it depends a lot on the group’s ability to provide evidence the investigators’ claims are wrong. In a situation like that I would really press them on the specifics. They should be able to provide evidence fairly quickly. You don’t want a libel suit but you also don’t want to let them indefinitely delay the publication of an article that will be damaging to them. It is a tricky situation! I am not sure an investigative reporter would be able to help much more simply because what you’re providing is a pretty vague account, though I totally understand the reasons why that’s necessary.
UPDATE:
The third, from Helen Lewis:
This feels like a good example of why you shouldn’t over-promise to your sources—you want a cordial relationship with them but you need boundaries too. I can definitely see a situation where you would agree to give a source a heads up once you’d decided to publish — if it was a story where they’d recounted a violent incident or sexual assault, or if they needed notice to stay somewhere else or watch out for hacking attempts. But I would be very wary of agreeing in advance when I would publish an investigation—it isn’t done until it’s done.
In the end the story is going out under your name, and you will face the legal and ethical consequences, so you can’t publish until you’re satisfied. If the sources are desperate to make the information public, they can make a statement on social media. Working with a journalist involves a trade-off: in exchange for total control, you get greater credibility, plausible deniability and institutional legal protection. If I wasn’t happy with a story against a ticking clock, I wouldn’t be pressured into publication. That’s a huge risk of libelling the subjects of the piece and trashing your professional reputation.
On the request for more time for right to reply, that’s a judgement call—is this a fair period for the allegations involved, or time wasting? It’s not unknown for journalists to put in a right to reply on serious allegations, and the subject ask for more time, and then try to get ahead of the story by breaking it themselves (by denying it).
Hmm, the first one seems to be responding at the level of “here is how you don’t get sued”. Would be interested in a follow-up question asking what to do if you are not concerned about getting sued.
The second one makes sense. Would be happy to draft something with more detail as a response, so we can get something out of it.
The above image contains the full text of my message, absent the rest of the copy-pasted hypo. I’ll note in the interests of broad fairness that other involved parties suggested edits, notably that the last-minute evidence was evidence indicating the key witness had lied and that “7 days” is longer than they had to respond to the material claims. I used none of their suggestions. I think the hypo could be a reasonable question across a somewhat broad range of specific factual emphases and think the framing as-is is sufficient to get good answers; in my messages, I did not alter the hypo from the words you chose.
I reached out to three journalists with long investigative track records and have two responses so far. It goes without saying that these are people I have close working relationships, regular communication, or other personal connections with, but I believe the framing and lack of context provided mean they are well-positioned to consider the question in the abstract and on the merits independent of any connections.
The first response (update: from Katie Herzog):
The second (update: from Jesse Singal):
UPDATE:
The third, from Helen Lewis:
Thank you!
Hmm, the first one seems to be responding at the level of “here is how you don’t get sued”. Would be interested in a follow-up question asking what to do if you are not concerned about getting sued.
The second one makes sense. Would be happy to draft something with more detail as a response, so we can get something out of it.