MAKING ETHICAL CHOICES

Introduction to Journalism

Ethics is the branch of philosophy that deals with right and wrong.

Ethics

Ethics Test

What would you do? charged too little for magazine—call it to

cashier’s attention? someone found money on the floor… “is

it yours?” received a check from a publisher,

hadn’t done a story for them; return it?

Textbook: “A large part of learning to be a journalist is learning to make ethical decisions.”

What sort of ethical decisions do you think journalists have to make?

Journalistic Ethics

The Code

Sigma Delta Chi/Society of Professional Journalists first wrote a code of ethics in 1926, and completely revised it 70 years later. The code calls on journalists to maintain 4 key principles: seek truth and report it minimize harm act independently be accountable

Seek Truth & Report It

According to the code, the duty of journalists is to “serve the truth.”

What’s a duty? What does it mean to serve?

Seek Truth & Report It

Journalists “serve the truth” by satisfying the public’s right to know regarding events of public importance.

Minimize Harm

Treat sources, subjects & colleagues with respect.

Act Independently

Journalists must be free of any obligation to anyone with an interest in the stories they cover, or their credibility is jeopardized.

Avoid conflicts of interest The dangers & necessity of off-the-

record interviewing axe to grind fear of retribution, need for

confidentiality

Be Accountable

Get the facts right When mistakes are made, make a

retraction

Common themes in most codes of journalistic standards and ethics are…

Codes of Conduct

Objectivity

Clear separation between news and opinion. In-house editorials and opinion (op-Ed) pieces are clearly separated from news pieces. News reporters and editorial staff are separate.

Clear separation between advertisements and news. All advertisements must be clearly identifiable as such.

Reporter must avoid conflicts of interest — incentives to report a story with a given slant. This includes not taking bribes and not reporting on stories that affect the reporter's personal, economic or political interests.

(more)

Objectivity-2

Competing points of view are balanced and fairly characterized.

Persons who are the subject of adverse news stories are allowed a reasonable opportunity to respond to the adverse information before the story is published or broadcast.

Interference with reporting by any entity, including censorship, must be disclosed.

Sources

Confidentiality of anonymous sources. Avoidance of anonymous sources when

possible. Accurate attribution of statements made

by individuals or other news media. (more)

Sources - 2

Pictures, sound, and quotations must not be presented in a misleading context (or lack thereof). Simulations, reenactments, alterations, and artistic imaginings must be clearly labeled as such, if not avoided entirely.

Plagiarism is strongly stigmatized and in many cases illegal.

Accuracy & Fair Reporting

Reporters are expected to be as accurate as possible given the time allotted to story preparation and the space available, and to seek reliable sources.

Events with a single eyewitness are reported with attribution. Events with two or more independent eye-witnesses may be reported as fact. Controversial facts are reported with attribution.

Independent fact-checking by another employee of the publisher is desirable

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Even journalists make mistakes…

Accuracy & Fair Reporting - 2 Corrections are published when errors are discovered Defendants at trial are treated only as having

"allegedly" committed crimes, until conviction, when their crimes are generally reported as fact (unless, that is, there is serious controversy about wrongful conviction).

Opinion surveys and statistical information deserve special treatment to communicate in precise terms any conclusions, to report the results in context of the survey, and to specify accuracy, including estimated error and methodological criticism or flaws.

Slander & Libel Considerations Slander = untruth shared between 2

people Libel = published untruth

Print Radio/TV Internet

Slander & Libel Considerations Reporting the truth is never libel, which

makes accuracy and attribution very important.

Private persons have privacy rights that must be balanced against the public interest in reporting information about them. Public figures have fewer privacy rights.

Publishers vigorously defend libel lawsuits filed against their reporters

Harm Limitation Principle

During the normal course of an assignment a reporter might go about — gathering facts and details, conducting interviews, doing research, background checks, taking photos, video taping, recording sound – should he or she report everything learned? If so, how should this be done? The principle of limitation of harm means that some weight needs to be given to the negative consequences of full disclosure, creating a practical and ethical dilemma.

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Harm Limitation Principle - 2The Society of Professional Journalists' code of

ethics offers the following advice: “Show compassion for those who may be

affected adversely by news coverage. Use special sensitivity when dealing with children and inexperienced sources or subjects.

“Be sensitive when seeking or using interviews or photographs of those affected by tragedy or grief.

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Harm Limitation Principle - 3 “Recognize that gathering and reporting

information may cause harm or discomfort. Pursuit of the news is not a license for arrogance.

“Recognize that private people have a greater right to control information about themselves than do public officials and others who seek power, influence or attention. Only an overriding public need can justify intrusion into anyone's privacy.

“Show good taste. Avoid pandering to lurid curiosity.

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Harm Limitation Principle - 4 “Be cautious about identifying juvenile

suspects or victims of sex crimes. “Be judicious about naming criminal

suspects before the formal filing of charges.

“Balance a criminal suspect's fair trial rights with the public's right to be informed.“

Ethics in a Multimedia World

Journalists deal in a multiplatform world. Multiplatform: operating in more than one

media. Newspapers today operate print publication & website—which may stream video, post photos & text, and offer podcasts.

New circumstances present special ethical challenges Blogs, written by reporters, blur the line between

news & editorial Truth & accuracy cannot suffer because of speed User-created content must adhere to same

ethical standards as staff-created content.

Libel, Privacy & More

Matters of Law

Censorship

Censorship = removal or prohibition of material by an authority, usually governmental

1st Amendment protects journalists from government censorship

Rare exceptions: stories related to national security during wartime

There are exceptions to freedoms of speech & press

First Amendment Limits

1st Amendment Limits in School 1969: Tinker vs. Des Moines

Establishes boundaries of student expression in public school

Expression cannot “cause a substantial disruption or a material interference with school activities” Riot, Boycott, Walkout

Upheld in 2007 ruling concerning confiscation of banner supporting drug usage

1st Amendment Limits in School 1988: Hazelwood vs. Kuhlmeier

Upheld school administration’s censorship of stories in school newspaper concerning teenage pregnancy & children of divorced parents

Newspaper was school-sponsored & therefore part ofcurriculum under school’s control; not a public forum

“Unprotected” Speech

Types of speech not protected by the First Amendment:

Fighting words Copyright violations Invasion of privacy Obscenity Libel Additional restrictions on students

Fighting Words

Incitement to riot Different from “hate speech” Supreme Court has recently backed away

from the doctrine of fighting words, but local laws vary

In schools, racial, ethnic, gender or religious insults can be prohibited

Copyright

Copyright = the exclusive right to something he or she has written or otherwise created.

Using someone’s work without permission or giving credit is a violation of copyright

Plagiarism = taking someone else’s work and calling it your own

Invasion of Privacy

Certain types of reporting are generally off limits, because they interfere in private matters

4 major issues: Intrusion Public Disclosure False Light Appropriation

Privacy: Intrusion

Certain behaviors are unethical & potentially illegal

Misrepresentation pretending to be someone else to gain

information (police, government agent, lawyer, etc.)

Trespassing Can’t enter private property without

permission Secret use of recorders (audio/video)

Must disclose use of recording devices & get permission

Exception: Compelling public need to know

Privacy: Public Disclosure

The publication of private/personal material. What determines whether “public” Does information relate to public or private

life of the individual? Is it newsworthy? Would it be offensive to a reasonable

person? Did the person agree to publication?

Privacy: False Light

Portraying someone inaccurately to the point he or she is embarrassed Article about failing students runs with

photo of random students Picture suggests that kids in the photo are

failing

Privacy: Appropriation

Using someone’s name or image in a commercial without permission

Unwanted publicity Old photo of student being written up that

accompanies a story on school discipline

Obscenity

Offensive text or images – usually sexual, but can also be violent

What’s “obscene”? Would a reasonable person, applying

community standards, find the material appeals to a “prurient” (immoral) interest

Material describes/depicts in an obviously offensive way (gross, graphic, sleazy)

Material lacks literary, artistic, political or scientific value

Libel

Published statement that is untrue

How Libel Is Proved

Defamation = a false report that “defames” subject. What’s defamation? Accusations of … Criminal behavior Character or ethics Traitor Immorality Occupational incompetence

How Libel Is Proved – 2

Identification The person who is libeled is clearly known

Publication Fault

If subject is private person: Negligence If subject is public person: Malice or reckless

disregard for the truth Damage

Compensation—actual damages Punitive—punishment

Libel Defenses

Truth The speech isn’t untrue

Privilege Information came through a public document—

police report, court testimony Fair comment or opinion

Reviewers can say what they want, but facts must be true “On any level other than as sheer visual sensation,

2012 is a joke, for the simple reason that it has no point of view.” (Review of 2012 by Variety)