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THE LEGAL, MORAL AND ETHICAL RIGHTS AND RESPONSIBILITIES OF A FREE AND RESPONSIBLE PRESS THE RELATIONSHIP BETWEEN MASS MEDIA AND A FREE AND RESPONSIBLE SOCIETY Here’s a fun song to get you started
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LEARNING TARGETS I understand the importance of ethical decision-making I can explain why the best ethical decisions are made by more than one person I understand the four underlying principles of the Society of Professional Journalists Code of Ethics I can make ethical decisions in journalism using the guidelines of the Code of Ethics
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DILEMMA 1 Dave, did I see Professor Farkle hitting on you? I hear she is pretty aggressive and those that don’t play along don’t get tenure. Tweet: Farkle is ALL hands! And she is bound to threaten your job if you turn her down. Happened to me.
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DILEMMA 2
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DILEMMA 3 To: Principal Dixon From: Jane Reporter Re: The Article Attachment: Dixonprofile.doc Dr. Dixon, Attached is the article we are going to run in this week’s paper. I appreciate you looking it over for accuracy. Thanks. Sincerely, J. Reporter
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DILEMMA 4
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DILEMMA 5 Big Game: SOLD OUT!! Admit One Grandstand Seat Face Value May 25, 2014 Admit One Owner’s Luxury Box Free! May 25, 2014
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ETHICAL DECISION MAKING A gut feeling does not cut it when it comes to ethical decision making. If you report, you have responsibilities, and this isn’t limited to people being paid by CNN or The Times. Ethics video clip EVERYONE has a job to uphold certain standards when they report news. Do you think what Snowden did was unethical or worthy of journalistic praise?
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ADVENTURES IN ETHICS Three levels of decision-making: 1.Gut reaction/emotional response 2.Reflection and reasoning 3.Rules and guidelines Which should you use in journalism? Making ethical decisions in journalism is tough—it’s not just an extension of your personal ethics. Just being a ‘good person’ isn’t good enough. Your ethics may not mesh with social norms!
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ADVENTURES IN ETHICS Ethical decision-making is a skill. It can be learned and honed. In most cases, there are no absolute right or wrong decisions – there are just wrong ways of going about making decisions. The best ethical decisions are the ones made by more than one person We are in the business of distributing information, not withholding it.
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ADVENTURES IN ETHICS Instead of focusing on consequences, think about principles. Instead of asking “What should I do?”, ask, “What are my professional values? Consider the right to know vs. want to knowright to know vs. want to know
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DON’T CHECK OUT ON ME! WAKE UP! If you are getting bored, here is something freaky to wake you up (not photoshopped!):
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NO GUESSWORK INVOLVED YOU HAVE A CODE TO GUIDE YOU! …and back to our topic
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THE JOURNALISTS CODE OF ETHICS The *SPJ Code of Ethics: *Society of Professional Journalists Seek Truth and Report It Journalists should be honest, fair and courageous in gathering, reporting and interpreting information. Act Independently Journalists should be free of obligation to any interest other than the public's right to know. Minimize Harm Ethical journalists treat sources, subjects and colleagues as human beings deserving of respect. Be Accountable Journalists are accountable to their readers, listeners, viewers and each other. This is what it looks like.
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SEEK TRUTH AND REPORT IT Journalists should: — Test the accuracy of information from all sources and exercise care to avoid inadvertent error. Deliberate distortion is never permissible. — Diligently seek out subjects of news stories to give them the opportunity to respond to allegations of wrongdoing. — Identify sources whenever feasible. The public is entitled to as much information as possible on sources' reliability. — Always question sources’ motives before promising anonymity. Clarify conditions attached to any promise made in exchange for information. Keep promises. — Make certain that headlines, news teases and promotional material, photos, video, audio, graphics, sound bites and quotations do not misrepresent. They should not oversimplify or highlight incidents out of context. — Never distort the content of news photos or video. Image enhancement for technical clarity is always permissible. Label montages and photo illustrations. — Avoid misleading re-enactments or staged news events. If re-enactment is necessary to tell a story, label it. — Avoid undercover or other surreptitious methods of gathering information except when traditional open methods will not yield information vital to the public. Use of such methods should be explained as part of the story — Never plagiarize. — Tell the story of the diversity and magnitude of the human experience boldly, even when it is unpopular to do so. — Examine their own cultural values and avoid imposing those values on others. — Avoid stereotyping by race, gender, age, religion, ethnicity, geography, sexual orientation, disability, physical appearance or social status. — Support the open exchange of views, even views they find repugnant. — Give voice to the voiceless; official and unofficial sources of information can be equally valid. — Distinguish between advocacy and news reporting. Analysis and commentary should be labeled and not misrepresent fact or context. — Distinguish news from advertising and shun hybrids that blur the lines between the two.
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MINIMIZE HARM Journalists should: — 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. — 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. — 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.
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ACT INDEPENDENTLY Journalists should: —Avoid conflicts of interest, real or perceived. — Remain free of associations and activities that may compromise integrity or damage credibility. — Refuse gifts, favors, fees, free travel and special treatment, and shun secondary employment, political involvement, public office and service in community organizations if they compromise journalistic integrity. — Disclose unavoidable conflicts. — Be vigilant and courageous about holding those with power accountable. — Deny favored treatment to advertisers and special interests and resist their pressure to influence news coverage. — Be wary of sources offering information for favors or money; avoid bidding for news.
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BE ACCOUNTABLE Journalists should: — Clarify and explain news coverage and invite dialogue with the public over journalistic conduct. — Encourage the public to voice grievances against the news media. — Admit mistakes and correct them promptly. — Expose unethical practices of journalists and the news media. — Abide by the same high standards to which they hold others.
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MAKE SENSE? Are you ready like Timmy?
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THE CASE OF THE BOY IN THE SNOW Several passersby in a small community see a body in a snow bank in a residential area and call the police. Police find a 16-year-old-boy passed out in the snow. The boy had been partying with friends who dumped him in the snow bank after he got too drunk to walk home. They left him there. Police take the boy home and file a report. No charges are filed.
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THE CASE OF THE BOY IN THE SNOW: NEW FACT The boy is the captain of the local football team and was violating more than one team and school rule.
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THE CASE OF THE BOY IN THE SNOW: NEW FACT The boy loses two fingers and a toe to frostbite and can’t play football any longer.
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THE CASE OF THE BOY IN THE SNOW: NEW FACT The football team has recently experienced a string of incidents in which minors have been found drinking. Pressure in the community is building to get these kids under control.
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ADVENTURES IN ETHICS EXERCISE Break into teams of five Address your assigned Ethical Dilemma according to the four ethical principles discussed. Recommend a course of action Take note of any dissent in the group You have seven minutes Be prepared to present your course of action
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DILEMMA 1 Dave, did I see Professor Farkle hitting on you? I hear she is pretty aggressive and those that don’t play along don’t get tenure. Tweet: Farkle is ALL hands! And she is bound to threaten your job if you turn her down. Happened to me.
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DILEMMA 2
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DILEMMA 3 To: Principal Dixon From: Jane Reporter Re: The Article Attachment: Dixonprofile.doc Dr. Dixon, Attached is the article we are going to run in this week’s paper. I appreciate you looking it over for accuracy. Thanks. Sincerely, J. Reporter
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DILEMMA 4
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DILEMMA 5 Big Game: SOLD OUT!! Admit One Grandstand Seat Face Value May 25, 2014 Admit One Owner’s Luxury Box Free! May 25, 2014
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LET’S HAVE FUN WITH A QUIZ! Everyone go to http://www.splc.org/falawtest/ and take the quiz on student press law.http://www.splc.org/falawtest/ *Don’t look at your neighbor’s answers; see what you know on your own!
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SPLC’S HIGH SCHOOL TOP 10 LIST Q: Do high school students have First Amendment rights? A: Yes. As the United States Supreme Court said in 1969, "It can hardly be argued that either students or teachers shed their constitutional right to freedom of speech at the schoolhouse gate." But the First Amendment prohibits only government officials from suppressing speech; it does not prevent school censorship at private schools. A state constitution, statute or school policy could provide private school students with free speech protections.
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#9 Q: What about the Hazelwood decision? A: Hazelwood School District v. Kuhlmeier, the 1988 U.S. Supreme Court decision, gave public high school officials greater authority to censor some school- sponsored student publications if they choose to do so. But the ruling doesn't apply to publications that have been opened as "public forums for student expression." It also requires school officials to demonstrate some reasonable educational justification before they can censor anything. In addition, some states (Arkansas, California, Colorado, Iowa, Kansas, Oregon and Massachusetts) have passed laws that give students stronger free expression protection than Hazelwood. Other states are considering such laws.
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#8 Q: What is a "public forum for student expression?“ A: A student publication is a public forum for student expression when school officials have given student editors the authority to make their own content decisions. A school can do that either though an official policy or by simply allowing a publication to operate with editorial independence.
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#7 Q: So if policy or practice indicates the content of my publication is determined by students, the Hazelwood decision doesn't apply to me? A: That's right. If a student publication is a public forum for student expression, then students are entitled to stronger First Amendment protection. School officials are allowed to censor forum publications only when they can show the publication will cause a "material and substantial disruption" of school activities.
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#6 Q: What about underground or independent student publications? Are they protected from censorship? A: Absolutely. Although public schools can establish reasonable restrictions as to the time, place and manner of distribution of underground publications, they cannot absolutely forbid their distribution on school grounds. Like school-sponsored publications that are forums, a school must show substantial disruption before they can censor an independent publication.
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#5 Q: Am I in danger of getting sued for defamation or invasion of privacy? A: Very rarely, but it can happen, and it's important to observe professional standards if you want your work to be taken seriously. You can't be liable for defamation if you just publish a critical opinion about someone or reveal an unpleasant truth. But if you make a false accusation of fact (even one implied in an "opinion" column), then you may have committed defamation. Invasion of privacy occurs when a publication publicizes embarrassing personal information without consent and with no newsworthy justification, such as gossip about a teacher's marital problems. It can also happen if you mislabel a photo so that it gives a false impression that harms a person's reputation ("false light").
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#4 Q: Can we publish students' names and photos online? A: Despite what many schools seem to think, no federal privacy law requires a student publication to withhold student information from the Internet or get advance written parental consent (though two states, New Jersey and Maine, appear to do so). If you're told there is such a ban, ask to see the school district policy in writing — and if the policy applies only to sites hosted on a school server (many do), see if you can get your news site hosted on a third- party server like my.hsj.org.
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#3 Q: Can I use Freedom of Information laws? A: Yes. Freedom of Information, or "sunshine" laws, require government agencies such as public schools to open many of their official records and meetings to the public. These laws vary from state to state. Every newsroom should have a copy of the state's open records and open meetings laws -- a great state-by-state guide is available on the Reporters' Committee for Freedom of the Press website
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#2 Q: Can I use cartoon characters, song lyrics or a theme from a popular magazine in my publication? A: In most cases, only when you have obtained the permission of the copyright holder. Each of these works is protected by copyright law, which means others can use them only if they have obtained permission. Publishing a credit line does not take the place of permission. There is an exception to copyright law called "fair use" that can apply if you are only using a small amount of a copyrighted work in a way that does not substitute for viewing (or buying) the original.
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#1! Q: Am I allowed to re-use photos from Facebook, Instagram or videos from YouTube? A: It all depends on what you're using them for. It's safest if you are critiquing the material — such as a "funniest videos" highlight segment on a broadcast, where you're adding your own commentary, or if you're making a parody or a mash-up that just "samples" other people's material as an ingredient in a brand-new creative work. The danger goes up with the commercial value of what you're using, so an AP photo published in a celebrity magazine is much riskier than an amateur Facebook photo.
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ASK GOOD QUESTIONS TO MAKE GOOD ETHICAL DECISIONS Start with your principles. What are the journalistic principles at stake? Do they compete?
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MORE QUESTIONS TO ASK What do I know, and what do I still need to find out? What are my ethical concerns? What organizational policies and professional guidelines should I consider? How can I include other people, with different perspectives and diverse ideas, in the decision- making process?
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AND EVEN MORE QUESTIONS Who are the stakeholders – those whoa re affected by my decision? What are their motivations? Which are legitimate? What if the roles were reversed? How would I feel if I were in the shoes of one of the stakeholders? What are the possible consequences of my actions? Short term? Long term? Are there alternatives that maximize my ability to tell the truth while minimizing harm? Can I clearly and fully justify my thinking and my decision to colleagues, stakeholders and the public?
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ONE MORE THING TO THINK ABOUT
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