Lesson 5 of 7 · about 14 minutes
Interviewing and the Ground Rules
You'll be able to
- Prepare questions that get specific answers
- Know what Idaho Code 18-6702 allows when recording a conversation
- Set and keep ground rules: on the record, off the record, background
- Take notes you can defend later
An interview is a conversation with a purpose: get facts, explanations and words you can quote accurately. The person across the table has their own purpose. Preparation is how you keep yours.
Before the interview
Do the reading first
Read the records before you talk to the people in them. If you're interviewing a highway district commissioner about a paving contract, read the contract, the bid tabulation and the minutes of the vote first. Then your questions start from the facts. "The low bid was $1.42 million and the board picked a $1.61 million bid. Why?" gets a better answer than "Tell me about the contract."
Write your questions, then cut them
Write every question you can think of. Then sort them. Put the one question you must get answered near the top, after a couple of easy warm-ups. People get tired, get called away and get cagey. Don't save the important question for minute 45.
- Ask open questions. How, what, why, walk me through. "Did you vote for it?" gets a yes. "Walk me through how you decided" gets a story.
- One question at a time. Ask two and they'll answer the easier one.
- Don't load the question. "Don't you think this is unfair to seniors?" invites a fight or a dodge. "What happens to a resident on a fixed income when the rate goes up 18 percent?" gets information.
- Ask for documents. "Can you send me that spreadsheet?" Many people say yes, and it saves you a records request.
- End with these. "What didn't I ask that I should have?" and "Who else should I talk to?"
Tell them who you are
Identify yourself as a writer working on a story and name where it will run. Don't pose as something else to get an interview. The SPJ Code of Ethics says to avoid undercover methods except when open methods won't yield information vital to the public. For beginners: just don't.
Recording: what Idaho law allows
Idaho is a one-party consent state. Idaho Code 18-6702 makes it a felony to intercept a wire, electronic or oral communication, punishable by up to five years and a $5,000 fine. But subsection (2)(d) makes it lawful for a person to intercept a communication "when one (1) of the parties to the communication has given prior consent." If you are part of the conversation, your consent counts. Subsection (2)(e) adds that it's unlawful to intercept any communication for the purpose of committing a crime.
Federal law works the same way. 18 U.S.C. 2511(2)(d) lets a party to a conversation record it, unless the purpose is a criminal or tortious act.
The limits that matter in real reporting:
- You must be a party. One-party consent lets you record your own conversations. It does not let you hide a recorder in a room you've left, or record two other people talking. Idaho defines a protected oral communication as one where the speaker expects it isn't being intercepted, under circumstances that justify that expectation (18-6701).
- Other states differ. Washington requires the consent of all parties to record a private conversation (RCW 9.73.030), and several other states have all-party rules. When a call crosses state lines, it's not always clear which law applies.
- Legal isn't the same as fair. Secretly recording a nervous source can wreck the relationship and your reputation.
Open public meetings are a separate matter. Idaho Code 74-203(6) protects recording them, as covered in the previous lesson.
Ground rules
The terms below are used differently by different newsrooms. That's exactly why you define them out loud with each source.
| Term | Can you use the information? | Can you name the source? |
|---|---|---|
| On the record | Yes | Yes |
| On background (not for attribution) | Yes | No. Use an agreed description such as "a district employee." |
| Deep background | Yes, but without any attribution | No |
| Off the record | No. At most, to guide your other reporting. | No |
Assume on the record unless you've agreed otherwise. If a source wants different terms, settle them before the information comes out, and agree on the exact wording of any description. "A county employee" and "a person familiar with the budget" protect someone very differently in an office of eight people.
When a source says "that was off the record" after the fact, you have a choice, not an obligation. Most careful reporters will talk it through, especially with people who aren't used to the press. A trained spokesperson playing the game is different from a nervous clerk who didn't know the rules.
Once you agree, keep the deal. Breaking a confidentiality promise destroys trust with every source who hears about it. So don't promise lightly. Ask yourself whether you can get the same fact on the record from someone else or from a document.
Example: setting terms
Source: "I can tell you what happened, but I can't have my name on it."
Reporter: "Understood. Can I describe you as 'a district employee who attended the meeting'? I'd use what you tell me, and I'd try to confirm it with records or someone on the record."
Source: "Make it 'a person with knowledge of the meeting.' There are only four of us in that office."
Reporter: "Agreed. Writing that down now."
Notes you can defend
- Write the date, time, place and the person's name and title at the top.
- Mark exact quotes with quotation marks in your notes. Paraphrase without them.
- Note the ground rules and when they changed.
- Back up recordings the same day. A phone can die with your only copy on it.
- Keep notes and recordings after publication. If a story is challenged, they are your evidence.
If you're recording, run the audio through SoundStudio to clean up noise before you transcribe. The theory page section on noise explains what you can and can't fix.
Try it
- Pick a local official or business owner connected to a current issue (a road bond, a zoning request, a library budget).
- Read one record about the issue. Write ten questions, then cut to six. Put the must-answer question third.
- Rewrite any yes-or-no question as an open one. Remove any loaded words.
- Write the exact sentence you'll use to ask permission to record, and the sentence you'll use to set terms if they ask for background.
- If you can, do the interview, record it with consent on tape, and back it up within the hour.
Checklist
- Records read before the interview.
- Must-answer question near the top.
- Identified myself and where the story will run.
- Recording consent on tape, especially for calls to other states.
- Ground rules agreed before the information, with exact attribution wording.
- Notes dated, quotes marked, recordings backed up.
Current: In the News
External resources
- "Idaho (Reporter's Recording Guide)", Reporters Committee for Freedom of the Press. Idaho's recording rules in one place, with links to neighboring states' guides.
- "Ten Tips for Prompting Sources to Open Up", The Open Notebook. Practical ways to get fuller answers, including using silence and setting expectations.
- "Poynter instructor offers 12 basic tips for interviewing", IJNet. A short checklist for preparing and running an interview.
Check yourself
1. Under Idaho Code 18-6702(2)(d), when is it lawful to record a conversation?
Idaho is a one-party consent state. If you are a party to the conversation, your own consent is enough, unless the recording is made to commit a crime.
2. You are in Idaho and call a source in Washington. What's the careful approach to recording?
Washington requires consent of all parties. When a call crosses state lines, the stricter state's law may apply, so asking on tape covers you everywhere.
3. A source says 'This is off the record' after already telling you something. What's the right move?
Ground rules are agreed before the information is given. Retroactive requests are a negotiation. Talk it through and be clear, rather than assuming.
4. What does 'on background' usually mean?
Background lets you use the information with an agreed description, like 'a district employee.' The terms vary by newsroom, so spell them out.
5. Which question is most likely to get a useful answer?
It is specific and open. It asks for facts the person should know, without loading the question.
Terms in this lesson
- One-party consent
- A rule allowing a conversation to be recorded if one participant, including the person recording, agrees.
- On the record
- Everything said may be published and attributed to the speaker by name.
- Off the record
- The information may not be published. Some reporters use it only to guide further reporting.
- On background
- The information may be used but attributed only to an agreed description, not a name.
- Open question
- A question that can't be answered yes or no, such as one starting with how, what or why.
Sources
- Idaho Code 18-6702, interception and disclosure of wire, electronic or oral communications checked 2026-10
- Idaho Code 18-6701, definitions (oral communication) checked 2026-10
- 18 U.S.C. 2511, federal wiretap law, one-party consent at (2)(d) checked 2026-10
- Revised Code of Washington 9.73.030, consent of all parties checked 2026-10
- SPJ Code of Ethics checked 2026-10