CAse Study:

One case that highlights these tensions is Deteresa v. ABC (9th Cir. 1997), a legal dispute that questioned the limits of secret recordings, privacy laws, and journalistic integrity.

For my legal media studies course, I analyzed this case through an IRAC (Issue, Rule, Application, Conclusion) framework, breaking down how the courts ruled and what it means for media professionals today. The full assignment is available as a download below, but here’s a brief overview of my findings.

The Case at a Glance

The lawsuit arose when Deteresa, a flight attendant, sued ABC and its producer, Radziwill, for secretly recording their conversation about OJ Simpson’s flight on the night of the infamous murders. She alleged that ABC violated:
✅ California’s two-party consent law (which requires both parties to agree to a recording)
✅ Federal wiretapping laws
✅ Her right to privacy
✅ Fraud laws (for failing to disclose the recording)

However, the court ultimately ruled in favor of ABC, finding that Deteresa did not have a reasonable expectation of privacy when speaking to a known journalist. The case set an important precedent regarding journalists’ ability to record conversations, the limits of “confidential communication,” and the legal risks media professionals face when gathering news.

Implications for Media Professionals

My analysis explored the key takeaways for journalists and PR professionals, particularly those working in investigative reporting and corporate communications:

• Know the law – Federal law allows one-party consent, but states like California require consent from all parties before recording.

• Expectations of privacy matter – Even in strict consent states, courts may rule against plaintiffs if they spoke voluntarily and should have expected their words to be shared.

• Ethics vs. Legality – While secret recordings can be legal, they can still damage trust and spark PR crises if mishandled.

For PR professionals, this case reinforces the importance of understanding media law, protecting clients' privacy, and managing journalist interactions with transparency.

Final Thoughts

This case study is a reminder that media professionals operate in a complex legal landscape. Whether you’re a journalist covering a high-profile case or a PR professional managing media relations, understanding where the law draws the line between reporting and privacy is essential.