ETHICAL AND LEGAL RESPONSIBILITIES Scholastic Journalism

At the core of journalistic ethics …  Credibility – the ability to be believed and trusted.  Accuracy – reporting that which is known beyond a doubt at a particular moment in time.  Objectivity – a state of mind reporters adopt to make them fair, neutral observers of events and issues.

Definitions  Laws: legal restrictions on the press – What we have to do …  Ethics: an agreed upon code of conduct for journalists; a kind of self-discipline for reporters, writers and publishers. (Moral elements of journalistic behavior.) What we should do …

Basic Ethical Principles  Guidelines from the Poynter Institute of Media Studies: 1) Seek the truth and report it as fully as possible 2) Act independently 3) Minimize harm 4) Be accountable

Other considerations  Balance (right to reply)  Fairness  Plagiarism  One-source stories  Photojournalism  Internet (social networks)

Legal restrictions  Libel – the publication (including broadcast or other electronic journalism) of a FALSE statement that injures someone’s reputation.  Slander – slander is libel that is spoken, rather than written. (In recent years, with new technology, this line has become blurred.  Invasion of privacy – intrusion, public disclosure, false light, appropriation

How is libel proved?  Evidence of defamation  Identification  Publication  Fault  Damages

Libel defenses  Truth  Privilege  Fair comment (criticism, opinion)  Retraction  Public officials, figures* *Must show damage and reckless disregard or malice

Privacy issues  Intrusion – misrepresentation, trespass, or secret use of a camera or recording device.  Public Disclosure – publication of accurate information regarded as private.  False Light – repeatedly portraying someone inaccurately; causing embarrassment and possible offense to others.  Appropriation – Exploitation of someone’s name or image.

Obscenity  Can the material, when applying community standards, be understood as sexual?  Does the material depict or describe in an “obviously offensive way” sexual conduct defined as obscene under state law?  Does the material lack literary, artistic, political, or scientific value?  Not the same as vulgarity, profanity, or bad taste, which are protected by First Amendment

Landmark Legal Cases  Tinker vs. Des Moines (1969) – Student expression; students have the right to express unpopular opinions.  Bethel School District vs. Fraser (1986) – Schools have the legal right to control students’ exposure to obscenity.  Hazelwood vs. Kuhlmeier (1988) – prior review; permitted censorship but did not require it.

Sidestepping Hazelwood  Arkansas, California, Colorado, Iowa, Kansas, and Massachusetts “question” (disagree with assumptions and reasoning) the Hazelwood decision.  These states have passed bills that sidestep or supersede Hazelwood.  Other states also have introduced legislation following the Tinker standards in an effort to protect student-press rights.

Student advocates … (Hazelwood)  Disagree with the assumption the principal has the same power to control content as the publisher of a commercial newspaper. (In school, the publisher is the government.)  Question the “responsibility to pay” argument. (Student press libel cases rarely go to court.)  Deny the notion that students are incapable of making mature judgments about what to print.  Stand up for students’ First Amendment rights.

What this means for advisers …  Students have the right to exercise freedom of speech and of the press.  No expression within a school newspaper can be subject to prior restraint unless it is libelous, defamatory or false; encourages unlawful acts, the violation of school regulations, disrupts the orderly operation of the school or violates privacy laws.  Advisers cannot be prevented from or punished for encouraging student expression.

Advisers’ key responsibilities  Know and teach the legal and ethical responsibilities for scholastic expression.  Post school’s student publication code and discuss students’ rights with principal.  Explain the students’ publication rights and responsibilities to the rest of the school staff.  Encourage free and responsible expression and professional standards for English and journalism.  Support students as they learn and create.

Current ethical challenges  Citizen journalism – Iran, media outlets  Social networks – Facebook, MySpace, blogs, tweets, texts  Internet – speed vs. accuracy  Fairness  Objectivity  Opinion vs. Fact  Fabrication – quotes, research