TOOLS AND RESOURCES

It usually is not necessary to participate in interviews and make public statements when a loved one is seriously injured or passes away as a result of a tragic accident. For some people, being interviewed is cathartic and an opportunity to discuss the life of their loved one. For others, being interviewed and having to relive the details of the incident and the pain of losing a loved one is traumatic and further exacerbates the tragedy. It is important to note the media won’t wait and will still do the story without your participation and will seek other sources such as friends, neighbors, colleagues and acquaintances. If you decide to participate in interviews: Prepare for the interview by completing Media Spokesperson Training. Determine a comfortable location for the interview (it is generally advisable to do this at a friend or neighbor’s home). Be sure to focus on how your loved lived not how they died or were injured. Determine what story you want to tell before the interview. Be sure to communicate if there is a GoFundMe (or other accounts) or ways in which the public can contribute and/or help. Bring/provide pictures and footage of your loved one that demonstrate their zest for life and their goodness. Set a time limit for the interview (10-20 minutes). Set ground rules ahead of time with the journalist regarding what you will and will not discuss (emphasize you will talk about how they lived and not how they died or were injured). During the interview, if you are not feeling comfortable tell the journalist you have time for one or two more questions and then conclude. If you decide to participate in interviews: Consider having a trusted relative or friend do the interview(s). This will help to ensure you and your family have some influence on the story versus leaving how it is told to others, who may not be the best source of information. Be very specific with your friend or relative regarding what you want communicated and what areas to avoid. Provide them with appropriate pictures and footage (for the media) that represents your loved one well. Advise them to set a time limit for interviews (10-20 minutes). Have a trusted friend or relative read a prepared statement from the family. Keep the statement succinct (one to two paragraphs). Advise them whether or not they can answer questions after reading/providing the statement and provide instruction accordingly (See Media Spokesperson Training [hyperlink]). Create a social media group or page with family statement(s), images and footage of your loved one. Inform the media you will not be doing any interviews and refer them to the site. This is particularly effective if you are not wanting to talk publically about a death or in providing updates in the case of a high-profile injury or medical procuedure. Be sure to communicate if there is a GoFundMe (or other accounts) or ways in which the public can contribute and/or help. It is important the social media page or group is created and posted quickly in order for the media to have adequate time to write and produce stories.

Determine the funeral location’s media policies and/or determine what you are comfortable with being covered (and filmed). You might consider reserving an area or seats in the back of the room for media (if you are allowing journalists to cover the funeral and especially if the funeral is in a public place where the media are permitted to attend). Identify and have a Media Point Person or persons assigned to direct media and to run interference at the visitation, funeral and cemetery, especially if journalists become too intrusive. Organize a short media briefing and have a Family Spokesperson or clergy provide a statement (generally outside of the building) 20-30 minutes prior to the beginning of the service. Identify an appropriate area at the cemetery a reasonable distance from the burial plot and ask photographers to shoot pictures and video from the area out of respect for the family. Assign a Media Point Person(s) (not immediate family) to help direct and manage photographers and media at the cemetery accordingly. Inform the media (who have contacted you or have been covering the story) of the funeral timing, media area, briefing and other protocols the day prior to the service. (It is advisable to provide this information in an email so it can be shared with multiple people within the media organization.) In order for family members to focus on the service, it generally is advisable to discourage them from interviews or speaking with the media. If a family member wants to speak to the media, plan to do this 20-30 minutes before the service.

Meet with the hospital’s public relations (PR) or public information officer (PIO). Ask them regarding the hospital’s media policies and/or determine a process for how information will be released. Because of HIPPA laws, news organizations may not contact patients directly through the hospital without first contacting the medical facility and must know the patient’s full name (which they usually will be from social media or reaching out to family and friends). Additionally, the hospital cannot release information or speak to the media regarding your loved one without their prior approval. When it is necessary or advantageous for the hospital to communicate publicly regarding your loved one, work with hospital public relations or public information to coordinate press conferences and interviews. As part of the interview or press conference, it is always advisable for the family to be represented either with a spokesperson or statement. Be sure to communicate publicly if there is a GoFundMe (or other accounts) or ways in which the public can contribute and/or help. (Please note paying for hospital bills with GoFundMe is considered reportable income and can lead to forfeiting Medicaid benefits. Be sure to consult with a tax advisor prior to using GoFundMe donations. Also, check for fraudulent GoFundMe accounts and report these immediately.)

The media can be one of the best vehicles to help find your loved one. As such, it generally is a good idea to cooperate with media requests and interviews, especially if there is any suspicion surrounding the family (which is common). The following are a few recommendations: Prepare for the interview or press event by completing Media Spokesperson Training. Provide media with good images and footage of your loved one. Coordinate media efforts with law enforcement (however don’t let law enforcement dictate the details or message). Be diplomatic in publicly discussing law enforcement activities, especially perceived mistakes. Even if you are frustrated (law enforcement is generally doing their best and are your best opportunity for a positive outcome) criticizing them publicly usually creates a spectacle that detracts from the effort. Schedule regular and consistent media briefings/press conferences. Create a Twitter account to update media on briefings details and to communicate information or statements. Focus on search and other efforts to find your loved one (organize these if they aren’t occurring to provide positive content. This is especially effective for cases where there isn’t a lot of media interest/attention). Be sure to communicate if there is a GoFundMe (or other accounts) or ways in which the public can volunteer, contribute and/or help in other ways. Respond promptly when there are developments. While immediate family members are the best spokespersons, you could have an extended family member, or a trusted friend serve in this role or assist as a secondary spokesperson especially for smaller media outlets and during weekends and other off times. If there is national interest, it is generally advisable to speak with and/or cooperate with the local media first. The local media will cover the story for months and years after the national media has moved on to the next story.

The media can play a critical role in finding perpetrators and bringing them to justice. As such, you may want to participate in interviews, however it is not completely necessary. For some people, participating in interviews is a powerful way to do something to prevent others from experiencing what they are going through. For others, being interviewed and having to relive the details is traumatic and further exacerbates the tragedy. It is important to note the media will still do the story without your participation and will seek other sources such as friends, neighbors, colleagues and acquaintances, who may not be the best source of information. If you decide to participate in interviews: Prepare by determining what you want to say and how you want to say it and complete Media Spokesperson Training. Be sure to communicate if there is a GoFundMe (or other accounts) or ways in which the public can contribute and/or help. Avoid being interviewed if you feel you can’t control your anger. Too much anger can divert focus. Bring/provide pictures and footage of your loved one that demonstrate their zest for life and their goodness. Set a time limit for the interview (10-20 minutes). Set ground rules ahead of time with the journalist regarding what you will and will not discuss, including items that might create issues with the investigation or future trial. During the interview, if you are not feeling comfortable, tell the journalist you have time for one or two more questions and then conclude. If there is national interest, it is generally advisable to speak with and/or cooperate with the local media first. The local media will cover the story for months and years after the national media has moved on to the next story. If you decide not to participate: Consider having a trusted relative or friend do interviews. This will help to ensure you and your family have some influence on the story versus leaving how it is told to others. Provide them with appropriate pictures and footage (for the media) that represents your loved one well. Be very specific with your friend or relative regarding what you want communicated and what areas to avoid. Advise them to set a time limit for interviews (10-15 minutes). Have a trusted friend or relative read a prepared statement from the family. Keep the statement succinct –one to two paragraphs. Advise them whether or not they can answer questions after reading/providing the statement. Create a social media group or page with family statement(s), images and footage of your loved one. Inform the media you will not being doing any interviews and refer them to the site/page.

Most people avoid interviews with the media in the event a family member commits a serious crime. There is usually very little to be gained and a high likelihood you will be exploited. In this case, avoid answering calls from unfamiliar numbers or opening the door. You might try to stay with friends or relatives for several days until the story blows over. Exceptions to this approach would be if you believe and there is strong evidence your family member is not guilty or was treated inappropriately, e.g. a police shooting. (In this case, refer to the Murders or Serious Crimes. If you decide to participate in interviews: You might consider granting one exclusive interview to a journalist and media organization you trust and has a past track record of treating victims fairly (see vetting process under a Heroic, Miraculous or Unique Event. Agree in writing with the journalist on ground rules regarding what you will and will not discuss before committing to the interview. Determine what you want to say and how you will answer questions in preparation for the interview by completing Media Spokesperson Training. Set a time limit for the interview (10 minutes). If you decide not to particpate in interviews: Provide a statement. This will help to ensure you and your family have some influence on the story about your family is framed. Attribute the statement to your family (e.g. the Smith family) and not to an individual family member. Distribute through social media or email. Keep the statement succinct –one to two paragraphs.

This could involve a myriad of allegations and response requires careful consideration, usually with legal counsel. It is important to note however that attorneys will generally advise a “no comment” approach, which is solid legal strategy but fails to consider your public reputation. The public does not trust a “no comment” response or a statement with lots of legal jargon and generally considers you guilty. Even if you are rightfully adjudicated several years later, the damage is done and is really difficult, if not impossible, to repair your reputation. The following are a few recommendations: Determine with your attorney what can be said. Avoid “No Comment.” From experience, there is always something of substance that can be said. Work to make a controlled statement in-person to the media. Having your attorney make the statement is less effective and, while many lawyers might disagree, it appears as though you are hiding or not willing/capable of addressing the issues on your own. This in-person statement could be as simple as you reading a prepared statement without taking questions (this expectation should be set with the media prior to making the statement). At the same time, it is advisable to answer a few questions to demonstrate you are genuine and not hiding anything. Keep the statement succinct –one to two paragraphs (no longer than three paragraphs). Avoid legal language or jargon (this does not resonate with the public and other key audiences) and write and speak in an everyday, relatable manner. Schedule a press briefing to provide the in-person statement to all media simultaneously. Distribute notice through social media or email (to all media) at least 60-90 minutes prior to the press conference/briefing. If legal advises against an in-person response, issuing a statement is better than no response (but in-person is significantly more effective, genuine and believable). This will help to ensure you and your family have some influence on how your family is positioned in the story. Keep the statement succinct –one to two paragraphs. Avoid legal language or jargon (this does not resonate with the public and other key audiences) and in an everyday, relatable manner. The statement should be attributed to you or your family and not your legal counsel. Distribute through social media and/or email. Be prompt in responding when there are new developments. Lawyers and journalists have very different interpretations of time. When news is breaking, you generally have an hour or two to effectively respond before the media will define your position, begin talking with other people (neighbors and colleagues) to speak on your behalf (and often in ways that are very damaging) and will report a lack of response from you or your family in less than favorable terms.

When there is significant national attention following a heroic, miraculous or unique event, you or your family become what the media refers to as “the get.” Securing an exclusive interview (or in some cases the first interview) with you leads to the media achieving significant ratings, increases credibility for the journalist and their media organization and gives them bragging rights over their competition. This is big business and the national media invests significant time, resources and pressure to get “the get.” It is not uncommon for the national media to offer fancy dinners, all-expense paid trips to New York or Los Angeles and sometimes they will even pay licensing fees to use family photographs and videos. The challenge is determining whether or not participating in such an interview is in the family’s best interest. The following are some things to consider: If the subject of attention is the survivor of a crime or other traumatic experience, it can often be determinantal reliving the experience. Make sure the individual is up for the emotional and physical toll involved in participating in an interview(s). In the case of a child survivor, many opt to keep minors out of the media and have a parent or guardian participate in interviews instead. For minors, reliving the experience can be especially challenging and/or the attention can create confusion and a false sense of reality. If there will likely be a trial, it is important to determine what can and can’t be said so that details aren’t shared that could compromise the case. It is important to understand that by participating in the interview you become a public figure and everything said/quoted in the interview becomes part of the public record and can be used without permission by other parties (even for-profit ventures), including unauthorized books, movies and tabloid articles. If the family has interest in a potential book or movie, participating in interviews and providing lots of details creates less interest and a much smaller market. While it is often advisable to avoid interviews, it sometimes is possible to participate in interviews and create more interest for a book or movie granted you use significant discretion by not divulging too many important details. It is often a good idea to consult with an entertainment attorney to help you navigate. If the family decides to participate in an interview(s), it is important to remember that this is a negotiation and the Media Point Person should work to determine the following from each interested party before making a commitment: Who will be conducting the interview? Where will the interview be conducted? How much time will be necessary for the interview from arrival to departure? Who do they expect will participate in the interview (just the subject or the broader family and friends)? What materials will they need for the interview (pictures, footage, etc.)? What is the angle of the interview and what general questions will be asked? When will the interview air or be published? What type of accommodations or reimbursements will they provide (e.g. car service, food, travel expenses, licensing fees for photos and videos, etc.)? If the interview is occurring in New York or Los Angeles, work to negotiate travel expenses for the Media Point Person to accompany and run interference. In some cases, the networks will pay for a guest or two (some people have been successful in negotiating to bring the whole family) depending on the circumstances and how badly the media organization wants the interview. However, this generally has to be negotiated beforehand. After the family commits, they have much less leverage. Once the Media Point Person has completed this intake from each interested party, they should Google videos of the journalist’s interviews with other subjects and watch these with the family to get a feel for their approach and style. Work to determine which journalist the family member feels most comfortable with. It is advisable once you have narrowed the list down, for the Media Point Person to request/arrange to have the family member speak with the journalist(s) by phone to ask questions and get a better feel for the interview. During the decision process, it is not uncommon for the Media Point Person to go back and forth with one or more media organizations to negotiate details and any necessary ground rules (such as things that can or cannot be discussed, especially if there is a potential trial). When the family makes a decision (which often has to be done quickly –within 24 hours or less), the Media Point Person should promptly inform both the media organization the family plans to work with as well as the others they are declining. The family must be firm with your decision. There will be pressure and sometimes the other media will go to great lengths to try to get you to break the commitment. If the family doesn’t want to do an exclusive interview, there are some alternatives. With the national morning shows (CBS This Morning, Today, Good Morning America, Fox & Friends, etc.), it is possible to have them set up a joint satellite interview at a local hotel (though all of the media prefer an exclusive interview and only will do this if you inform them there are no other options). This involves pre-taping interviews for 2-3 networks an hour or so prior to one network getting the live interview (the pre-taped interviews will generally air at the same time on the other shows as the live interview). The Media Point Person can determine the order by preference or randomly to maintain relationships (one family had the media organizations draw straws to determine who would get the live interview). If the timing isn’t right, it is possible to have a close family member or trusted friend do the interview and wait for the subject to do the interview at a more appropriate time (such as when they are older or before the publication of a book or release of a movie). Or, the family could decide not to participate at all in interviews. In this case, the Media Point Person should inform media regarding the decision and be firm. Please note they will likely regularly call to check-in and request meetings for several weeks, months and even years. If the family decides to participate in interviews, the Media Point Person should complete the following: Memorialize the agreed upon details in an email and send to the producer and ask for their acknowledgment. Prepare by helping the family member(s) determine what they want to say and how you want to say it. It is a good idea to simulate the interview a day or two prior. Be sure family members have completed Media Spokesperson Training. Accompany the family member(s) to the interview and work to help take care of details and run interference so they can focus on the interview Reiterate any previously agreed upon ground rules regarding what you can and cannot discuss, especially items that might create issues with the investigation or future trial

There are likely many other scenarios that are not addressed on this site. If you are in this situation, review the existing scenarios and apply the instructions and advice as applicable. You may also want to consult with a public relations professional for recommendations on how to connect with someone in your area who might be able to provide insights and/or help).