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 (more)

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. (more)

Harm Limitation Principle - 2 The 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. (more)

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. (more)

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  1 st 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

1 st 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

1 st 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 of curriculum 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)