Copyright Infringement. If you use someone else’s work—whether text, images, or other—without their permission, you are infringing on their copyright. Basically, you’re benefitting from someone else’s intellectual property. Make sure you have permission or a clearance of rights to use any content not generated by your team. And be sure to train your staff on the basics of copyright so that they don’t inadvertently cause issues.

Defamation. This legal term is defined as the act of communicating false statements about a person that result in damage to their reputation. Publishing false or damaging written statements about an individual or organization is called libel. To prevent being sued for libel, make sure you have a plan to consistently fact-check your content prior to publication. It may also be helpful to read up on libel laws, as they can vary by jurisdiction.

Plagiarism. Using a word-for-word excerpt from another piece of content without properly citing its source can severely damage your reputation. Your audience trusts that your association is publishing original content or is properly attributing referenced work. This is where using generative AI can be a problem, because you can’t be sure of the sources it is using. Educate your writing team on citation standards and consider using plagiarism detection software during the editorial process.

Privacy Violations. It’s never acceptable to publish someone’s private information without explicit consent from that person. This includes images; be especially careful when using images of your members or the communities you serve. Avoid publishing identifying details about someone unless it’s absolutely necessary, and read up on the privacy laws applicable in your state.

Compliance with Accessibility Standards. Not only is it a good thing to make your content accessible to all people, but failing to do so can violate the Americans with Disabilities Act (ADA). For digital publications, work with a reputable designer that will incorporate alternative text for images and screen-reader-compatible formatting. Also, make sure your website and digital publication follow the Web Content Accessibility Guidelines (WCAG).

Bias and Representation. Unintended biases—including those you may not realize you have—can perpetuate sterotypes or alienate your audience. This includes the exclusion of diverse voices, images, and topics covered. It also includes being sensitive to different cultural norms or values, especially for international audiences. You should strive for diversity within your publication team so that you can incorporate different perspectives when evaluating content. It’s also helpful to encourage open discussions with your team about potentially sensitive subjects, and even bring in community members if writing about marginalized groups.

Conflicts of Interest. The personal or professional relationships of your publication staff can potentially compromise the objectivity of your content. What’s more, pressure from advertisers or sponsors can lead to subjective content that benefits their bottom lines. Make sure you have a policy requiring writers and contributors to share any potential conflicts prior to publication. Also, do as much as you can to keep editorial and advertising teams as separated as possible.

Misinformation. Whether it’s intentional or simply a mistake, publishing inaccurate or misleading information will tank your audience’s trust in your publication. It’s essential to have a fact-checking process for all content, no matter how trivial it may seem. If a mistake does happen, publish a correction or retraction as soon as possible.

How to Prevent—and Handle—Legal and Ethical Issues

So what’s the best way to prevent these challenges in the first place?

First, create clear guidelines addressing potential legal issues and procedures for handling them. Having policies in place to deal with accusations of plagiarism, copyright disputes, and defamation can protect your association. But don’t stop with legal prep. Make sure your guidelines include ethical standards on representation, transparency, and fact-checking as well.

Next, nurture the ethical culture within your association. Provide training for editorial and publications staff on best practices, then encourage them to speak up about potential concerns as they occur. Mitigating biases is one of the most challenging issues for any field; prioritize education around recognizing personal biases and how to prevent them from affecting your publication.

It’s also important to make sure you have the outside resources you need, should you need them. Establish contacts in the legal industry who are experienced in handling common legal issues that occur in publishing. Intellectual property and media law attorneys can be key partners for your publication. You can even consult them during the editorial process if there is sensitive content planned. In addition to human experts, leveraging technology can be beneficial. There are tools now for plagiarism detection, fact-checking, and accessibility compliance among other tasks.

Sometimes, despite all the preparations and good intentions, a legal or ethical issue will be observed after publishing your content. Encourage feedback from your readers, members, and experts who may spot problems or take offense. The bottom line is to be as proactive as possible, but also be prepared to address issues that inadvertently arise. Everyone makes mistakes—it’s how your publication handles them that strengthens your trustworthiness and credibility.