What are defamation and libel guidelines and sanctions for discussing any science/practice issue on the IPA Listserv.

There were over 200 emails on this issue in a three week period of time. This resulted in a disruption of the listserv with several members resigning from the listserv. In addition, there has been a rancor expressed toward IPA staff members and volunteer officers of the Association. For example, there have been accusations of secrecy, officers’ dishonest motives, and officers’ unethical behavior. All of this besmirches people’s reputations, integrity and credibility. This is potentially libelous and actionable behavior, which we do not want on our listserv. Below is the relevant paragraph from the APA/IPA Rules of the listserv.

Defamation and libel – In exchanges on the listserv and when referring to others, avoid personal attacks and characterizations that question a person’s motives or qualifications. Sometimes a robust debate about ideas spills over into attacks on the proponents or opponents of the ideas. List members need to be reminded that a false statement that harms someone’s reputation can be actionable as libel. There is a substantial difference between disagreeing with how someone did their research or treated a patient and accusing the person of fraud or incompetence. Because negative statements that impugn someone’s professional qualifications can cause substantial economic and emotional harm, this is an area for careful scrutiny. Keeping criticism on an objective basis that is factually verifiable and skipping personal commentary about character, competence or motive minimizes legal risk.

The following statement defines the action that can be taken if discussion begins to violate the above listserv rule:

It is always appropriate to express dissenting opinions on the listserv. However, the listserv moderator’s job is to ensure that these opinions are expressed in a civil way and that the poster does his or her best to present factual information. If opinions are expressed in a manner that is not civil, then the post is not appropriate on a professional listserv. If in the judgment of the listserv moderator such a posting does occur, he/she will back channel the person and ask that language be toned down. If the person does not post respectfully after that, the moderator has the authority to place the person on a read-only basis for a probationary period. If the person comes back after a read-only probation and continues to be disrespectful, the moderator will have to remove the person from the listserv.

Record Keeping Guidelines

Approved as APA policy by the APA Council of Representatives, February 2007.

These guidelines are designed to educate psychologists and provide a framework for making decisions regarding professional record keeping. State and federal laws, as well as the American Psychological Association’s (APA, 2002b) “Ethical Principles of Psychologists and Code of Conduct” (hereafter referred to as the Ethics Code), generally require maintenance of appropriate records of psychological services. The nature and extent of the record will vary depending upon the purpose, setting, and context of the psychological services. Psychologists should be familiar with legal and ethical requirements for record keeping in their specific professional contexts and jurisdictions. These guidelines are not intended to describe these requirements fully or to provide legal advice.

Records benefit both the client1 and the psychologist through documentation of treatment plans, services provided, and client progress. Record keeping documents the psychologist’s planning and implementation of an appropriate course of services, allowing the psychologist to monitor his or her work. Records may be especially important when there are significant periods of time between contacts or when the client seeks services from another professional. Appropriate records can also help protect both the client and the psychologist in the event of legal or ethical proceedings. Adequate records are generally a requirement for third-party reimbursement for psychological services.

The process of keeping records involves consideration of legal requirements, ethical standards, and other external constraints, as well as the demands of the particular professional context. In some situations, one set of considerations may suggest a different course of action than another, and it is up to the psychologist to balance them appropriately. These guidelines are intended to assist psychologists in making such decisions.

To read the full article, download the PDF below: