Ethics and the Law in Ethics and the Law in JournalismJournalism

Key ConceptsKey Concepts

Understand the ethical principles of Understand the ethical principles of journalismjournalism

Understand libel laws and what defenses Understand libel laws and what defenses journalists havejournalists have

Words to look upWords to look up

EthicsEthics

CredibilityCredibility

LibelLibel

PlagiarismPlagiarism

SlanderSlander

DefamationDefamation

IntrusionIntrusion

What is the difference between What is the difference between ethics and the law?ethics and the law?

Laws are what we have to doLaws are what we have to do

Ethics are what we should doEthics are what we should do

LibelLibel

One of the most important things to One of the most important things to understand in journalism.understand in journalism.

Libel is the publication of a false statement Libel is the publication of a false statement that injures someone’s reputation.that injures someone’s reputation.

This keeps journalists from printing This keeps journalists from printing whatever they want about whoever they whatever they want about whoever they want.want.

SlanderSlander

Slander was originally the oral form of libel Slander was originally the oral form of libel (it was spoken, not written) but the two are (it was spoken, not written) but the two are so close to one another that slander has so close to one another that slander has been absorbed into libel. In other words, been absorbed into libel. In other words, they’re the same thing.they’re the same thing.

How is libel proven?How is libel proven?

To sue for libel and win, a plaintiff must To sue for libel and win, a plaintiff must demonstrate a convincing combination of demonstrate a convincing combination of 5 points.5 points.

The points…The points…

1. Defamation—this is the spreading of 1. Defamation—this is the spreading of false reports about someone that injures false reports about someone that injures that person’s reputation.that person’s reputation.

2. Identification—the plaintiff must prove 2. Identification—the plaintiff must prove that it is he or she the publication is talking that it is he or she the publication is talking about.about.

3. Publication—it has to be given to a third 3. Publication—it has to be given to a third party. A private letter is not libelous.party. A private letter is not libelous.

More…More…

4. Fault—this can be either by 4. Fault—this can be either by negligencenegligence or or actual malice or reckless disregardactual malice or reckless disregard. .

5. Damages—this means money. It can 5. Damages—this means money. It can be compensatory or punitive.be compensatory or punitive.

Defenses against LibelDefenses against Libel

Truth—plain and simple. If the story is Truth—plain and simple. If the story is true then they can’t sue.true then they can’t sue.

Privilege—if it’s said in an arena such as Privilege—if it’s said in an arena such as an open court, then it’s okay to print.an open court, then it’s okay to print.

Fair Comment—holds true in opinion Fair Comment—holds true in opinion pieces.pieces.

Admission of Error—print a retraction.Admission of Error—print a retraction.

How to avoid libelHow to avoid libel

Check your sources, and try to have more Check your sources, and try to have more than one—you must make sure you are than one—you must make sure you are writing from every angle.writing from every angle.Understand criminal procedure and Understand criminal procedure and terminology.terminology.Edit carefully. A sensitive story should be Edit carefully. A sensitive story should be edited by several people.edited by several people.Have a notes policy. Either save all of Have a notes policy. Either save all of them or destroy all of them.them or destroy all of them.

More ways…More ways…

Avoid confidential content and editorial Avoid confidential content and editorial comments in your notes.comments in your notes.

Keep a log of your efforts to check out the story.Keep a log of your efforts to check out the story.

Always ask for a comment or reaction from the Always ask for a comment or reaction from the person you’re writing about. If they give “no person you’re writing about. If they give “no comment” then use that in the story.comment” then use that in the story.

Behave professionally and identify yourself as a Behave professionally and identify yourself as a reporter.reporter.

Another legal matter:Another legal matter:

Invasion of PrivacyInvasion of Privacy

4 privacy issues to recognize:4 privacy issues to recognize:

Intrusion—it involves the reporter’s Intrusion—it involves the reporter’s behavior while gathering the news. It behavior while gathering the news. It includes: Misrepresentation; Trespass; includes: Misrepresentation; Trespass; Surreptitious use of a camera or tape Surreptitious use of a camera or tape recorder.recorder.

Public Disclosure—includes publication of Public Disclosure—includes publication of accurate information regarded as private.accurate information regarded as private.

False Light—Portraying someone False Light—Portraying someone inaccurately to the point that he or she is inaccurately to the point that he or she is embarrassed and reasonable person embarrassed and reasonable person would be offended.would be offended.

Appropriation—Commercial exploitation of Appropriation—Commercial exploitation of someone’s name or imagesomeone’s name or image

Three Ethics rules to live by:Three Ethics rules to live by:

Seek the truth and report it fully as Seek the truth and report it fully as possible.possible.

Act independently.Act independently.

Minimize harm.Minimize harm.

Activity #1:Activity #1:

With a partner, use the internet to With a partner, use the internet to research three U.S. legal decisions that research three U.S. legal decisions that affected journalism. You can start with the affected journalism. You can start with the 1735 libel trial of John Peter Zenger. 1735 libel trial of John Peter Zenger.

Activity #2Activity #2

Look up the First Amendment. What are Look up the First Amendment. What are the five freedoms discussed?the five freedoms discussed?