Catch and Kill

Catch and kill is a form of journalistic malpractice which gives the book its title. The phrase refers to how a news outlet can suppress a story that they do not want to be released to the public. The outlet will purchase the exclusive rights to a story from a witness or a source, thus “catching it.” The outlet then refuses to publish the story, thereby “killing” it. The process involves signing contracts and often paying large fees to sources and witnesses. The contracts mean that the witness or source cannot go to another outlet otherwise they risk being sued. The National Enquirer is portrayed as a frequent user of the catch and kill practice. The newspaper silences numerous stories as political favors for preferred politicians or celebrities. These captured and suppressed stories can then be used as leverage in exchange for favors or preferential treatment. 

Miramax is the company founded by Harvey Weinstein and Bob Weinstein in 1979. The company rose to prominence in the 1990s as the producer and distributor of a number of very popular films including Pulp Fiction, Chicago, and Shakespeare in Love. Miramax was famous at the time for their willingness to take risks on independent and unknown filmmakers as well as their ruthless treatment of those they hired. Films were reshot, recut, and reedited at the direction of Harvey Weinstein whose loud, aggressive personality came to dominate Hollywood. The company was sold to Disney in 1993 and then sold by Disney in 2010. The Weinstein brothers left Miramax in 2005 to form The Weinstein Company, which operated in much the same manner as Miramax. Many of the allegations made against Harvey Weinstein in Catch and Kill relate to the time he ran Miramax. His powerful position as head of the company allowed him to silence women and limit the careers of anyone who opposed him or challenged him.

A nondisclosure agreement, also known as a confidentiality agreement, is a form of contract which can be signed between people or businesses. In the agreement, one of the parties promises not to discuss or disclose a specific piece of information unless they are properly authorized. If the contract is breached, then the offending party can be sued by the other signee of the contract. Nondisclosure agreements can be used by companies to protect trade secrets. In Catch and Kill, media outlets use nondisclosure agreements to prevent stories about sexual harassment and abuse from reaching the media. People who have endured this kind of behavior are made to sign nondisclosure agreements which prevent them from going to the press and revealing the truth to the public. On many occasions, the survivors of sexual abuse are given large payments to compel them to sign nondisclosure agreements. 

On background is a journalistic term which is sometimes referred to as “not for attribution.” The term is part of a system of attribution in which journalists credit sources in their reports. A reporter can speak to a source who agrees to provide insight and information, but the source may wish to remain anonymous. A source who provides information on background may have their words quoted in the article, but the quotes will not be attributed to the specific person. A position, role, or job title may be used instead. Farrow talks to many sources in the process of writing Catch and Kill. Certain sources are from inside media companies. They want to talk to Farrow but fear they might be punished or criticized if their name appears in a damning article. They speak to Farrow on background, and he quotes these sources by describing their jobs or positions without actually naming them.

On the record and off the record are journalistic terms which refer to a source’s willingness to have their words quoted in a story. A source who is willing to appear on the record is a source who is willing to have themselves identified and quoted by the journalist. A source who does not want to have their name or words appear is off the record. The record is the agreed upon discussions which can appear in a story. Discussions which take place on the record mean that the information shared can appear in an article. Off the record discussions are those which should remain private. Discussions might take place off the record to protect a source’s identity. Farrow has discussions with people on and off the record while writing Catch and Kill. People who talk to him on the record are quoted in the book by name while the discussions he has off the record are only alluded to in passing and the exact information in the discussions is withheld.