Media Ethics

The ethics of reporting on sensitive documents and classified information Journalism 430/Communication Law California State University, Long Beach Gwen Shaffer, PhD

“Ethics requires that intelligence fuse with intuition, that the process be internalized, and that decisions be made quickly and naturally.”

-

Rushworth Kidder, founder Institute for Global Ethics

Journalists face ethical dilemmas daily

   All journalists have is their integrity and their reputations.

Our profession relies on audiences believing in the truth and accuracy in our stories.

Journalists can engage in behavior that is perfectly legal, but that is distinct from the question of whether the behavior is ethical.

Perception v. reality

   Just 21 percent of Americans rated journalists’ ethics as “high” or “very high” in a 2013 Gallup poll.

However, journalistic standards are higher than ever.

Bloggers are now watchdogs of the press. Most news organizations adhere to a code of ethics that restrict journalists from certain behavior.

Excerpts from the Journalists Creed (by former Missouri School of Journalism Dean Walter Williams)     I believe in the profession of journalism.

I believe that the public journal is a public trust.

I believe that clear thinking, clear statement, accuracy and fairness are fundamental to good journalism.

I believe that suppression of the news, for any consideration other than the welfare of society, is indefensible.

Codes of ethics

    A set of standards adopted by a professional organization or industry to guide its members. Specific codes are held by: Professional associations like the American Society of Newspaper Editors and the Society of Professional Journalists.

Media organizations like the Associated Press and the Los Angeles News Group.

Individual media outlets like the

L.A.Times

.

Three primary ethical philosophies

   Each answers the fundamental question, does the end justify the means?

No, yes, maybe… How one answers the question indicates his/her ethical perspective .

Ethical philosophies

   If you answered NO You are an absolutist  If you answered YES you are a relativist .

If you answered MAYBE you subscribe to situational ethics.

Absolutism—Ethics of duty

    The end never justifies the means.

i.e. Lying is wrong.

One’s duty is to do the right thing.

Identify rules/principles and always follow them.

Absolutism applied to journalism

    The duty of the journalist is to report the news.

Main concern is whether an event is newsworthy.

 High value on justice and what is right.

How information is obtained is important.

 Focused on message

If journalists worried about possible consequences of reporting something, they would never report anything

--Walter Cronkite

Categorical Imperative

    Developed by Immanuel Kant.

18th Century German philosopher.

“…human knowledge rely upon a priori judgments.” Act on the maxim you wish to become universal law.

Pragmatism

   Popularized by John Dewey.

20th century educator and philosopher Human purposes are derived from wants and needs.

 Judge actions by their results.

 Try to determine appropriate action by anticipating probable outcome.

Ethical relativism

   Ethical standards depend on the individual, the group, the culture, tradition, background American culture attempts to treat men and women as equals, while people in other countries may view gender differently.

Argument against: Just because one class of individuals does something, doesn't mean it's right.

Relativism applied to journalism

    Purpose of reporting: To be a watchdog and monitor government.

To keep the public informed.

 Looks at motivations of people involved.

i.e. A reporter concealing her identity in order to obtain information is justified, if the story benefits the public.

Situation ethics

  Whether end justifies means depends on the situation.

i.e.: Deception is justifiable in particular circumstances.

  Moral principles are relative to the situation.

It is okay to break rules if the situation requires it.

DETERMINER: Antinomianism

  Every situation is unique and must be assessed independently.

No moral absolutes exist.

DETERMINER: Deontelics

    Developed by journalism scholar and ethicist John Merrill.

combined deontology & teleology   To act responsibly.

Some acts are by nature unethical and some may vary.

Truth is paramount and lying is almost always unethical.

Principles may need to be violated for greater good.

DETERMINER: Veils of Ignorance

   Developed by political theorist John Rawl.

  Treat everyone the same Ignore biases of race, gender, age, etc.

Purposefully conceal social or economic status when looking at people  Articles may treat celebrities or pubic officials more harshly than private individuals.

Splashing a headline on the front page when the mayor’s daughter is arrested for drug possession.

DETERMINER: Golden Rule

   “Do unto others…” Biblical/religious precept Love they neighbor.

   Popularized by Joseph Fletcher Set aside ethical principles if needed to “love” others Dilemma between value of individual versus the community at large.

DETERMINER: Utilitarianism

     Popularized by John Stuart Mills 19th Century British philosopher and political economist (

On Liberty

) “Seek the greatest happiness for the greatest number…” Places public good over private good. Possibly harmful to minorities and individuals, who are sacrificed for the majority.

Determiner: Golden mean

 Developed by Aristotle, a 322 BC Greek philosopher and student of Plato.

   Rationale moral position that avoids extremes.

Moderation and balance i.e. Journalistic practice of reporting tragic events without offending victims or those involved.

Situational journalism

   Values reflect how journalists would want to be treated.

Reporting practices are determined by each unique situation and known information.

 Do whatever is best for the public.

Any exception should benefit the least advantaged.

Ethical challenges facing journalists

Ethical limits on free speech

     Publishing information may be legal, while still being unethical Libel and indecency Accuracy Fairness Confidentiality

Ethical dilemmas facing media

      Sensationalism Overplaying issues and situations Focusing on most salacious points  Commercialism Prioritizing profits over reporting the news  Focus on dramatic Sacrificing news value for ratings  Press release journalism Allowing PR professionals to influence stories

Conflict of interest by accepting gifts or money from sources    Accepting gifts or meals (of any monetary value) from sources.

Junkets: free trips/travel with the expectation reporters will write about the experience.

  Society of Professional Journalists’ policy Nothing of value shall be accepted But…who determines whether an item or act has value?

Accepting gifts from sources (cont.)

   Accepting “outside” payment from a source Doing promotional work for “sources”   The

San Jose Mercury

companies.

News prohibits reporters from owning stock in local Hundreds of tech companies are based in the Silicon Valley (i.e. Apple, Cisco, Netflix, eBay, Facebook, Adobe, Google, Yahoo!) Should reporters cover a story involving a business or company in which they have a financial stake?

Checkbook journalism

  Paying sources for an interview, photos, video, etc.

 Tabloid journalism and shows like

TMZ

practice this.

routinely Do media outlets have a responsibility to reveal payment to the audience?

Personal relationships

  Relying on friends as sources.

Reporting or suppressing news after being influenced by a friend or relative.

Covering stories associated with one’s own life   Reporters must disclose memberships, investments, affiliations, etc.

 News organizations typically prohibit reporters from participating in politics (i.e. attending a protest, campaigning for a candidate).

Reporting on issues or events that overlap with a journalist’s personal life weaken the journalist’s credibility. Even if no bias exists, the perception of bias does exist.

Invasion of privacy

   Intruding on a person’s private affairs or disclosing private information about a person.  The conflict involves the public’s right to know versus the story subject’s right to privacy.

Neither are Constitutional guarantees.

Newsworthiness can conflict with a person’s right to privacy.

Naming survivors of sexual assault

  Nearly all newsrooms have official policies barring the publication or broadcast of sexual assault victims names.

 But two Supreme Court decisions make it nearly impossible for a plaintiff to win a suit against the media for doing so.

Do you believe publishing the name of a sexual assault survivor re-victimizes that person?

Naming juvenile offenders

  Newsrooms typically have policies barring this information from being published or broadcast. The rationale is that young people make mistakes and should have an opportunity to turn-around their lives.

Witholding information from the public

   Not publishing known information By choice (perhaps because of personal values or beliefs.

By request (i.e. police investigating a crime, to protect a source).

 

Plagiarism

Using another’s work without attribution.

Lifting content from a newspaper or other publication, and presenting it as own original reporting.

 Fabricating quotes or other information.

Deception

Using deceptive reporting techniques, including:  Lying to a source.

   Misrepresenting yourself. i.e. Dateline producers in the

Food Lion

case Using hidden devices for recording video or audio.

 Stealing documents.

Solving ethical dilmmas

Potter box

FACTS VALUES LOYALTIES PRINCIPLES

Understanding the facts  Discuss all the facts of the case with those involved in making the decision.

 What are the facts?

  Outlining values  What is valued by those making the decisions?

How does this impact the ethical decision?

When an idea or principle is valued, it means one is willing to give up something for it.

The Bok Model

1) Consult your own conscience – about the “rightness” of an action

. How do you feel about the action?

2) Seek expert advice – for alternatives to the act creating the ethical problem.

Is there another way to achieve the same goal that will not raise ethical issues?

3) Conduct a public discussion – with the parties involved in the dispute. If they cannot be gathered, conduct the discussion hypothetically.

How will others respond to the proposed act?

9 checkpoints for ethical decisionmaking (Kidder) 1) Recognize that there is a moral issue – What is the true ethical dilemma?

2) Determine the actor – Whose moral or ethical issue is it? 3) Gather the relevant facts – What are the important facts for the ethical dilemma?

4) Test for right versus wrong issues – Is there a clearly right or wrong answer?

9 checkpoints (cont.)

5) Test for right versus right paradigms – What sort of dilemma is this? (truth vs. loyalty, self vs. community, short-term vs. long-term or justice vs. mercy) 6) Apply the resolution principles – What are some of the possible resolutions to the dilemma?

(Use Aristotle’s Golden Mean, Kant’s Categorical Imperative and Utilitarianism to reason)

9 checkpoints (cont.)

7) Investigate the “trilemma” options – Is there a third way through this dilemma?

8) Make the decision – After applying checkpoints #1-7, what is the best possible resolution? 9) Revisit and reflect on the decision – After the decision was made and the consequences have occurred, ask was this the best decision?

References Christians, C., Fackler, M., Richardson, K., Kreshel, P., & Woods, R. (2015).

Media ethics and moral reasoning (9 th edition)

. Boston: Allyn & Bacon.

Hinman, L. (2014). Ethical theories: A very brief overview. http://ethics.sandiego.edu/presentations/AppliedEthics/Theory/Overview.pdf

Libin, S. (November 25, 2014). Leading beyond “both sides.” Poynter Institute. http://www.poynter.org/how-tos/leadership-management/30467/leading-beyond-both-sides/ The Nine Checkpoints: Kidder, R. (1995).

How good people make tough choices

. New York: Morrow.

The Potter Box & The Bok Model – Wilkins, L., & Patterson, P. (2008).

Media ethics: Issues and cases

. (6th ed.). McGraw-Hill Higher Education.

Rich, C. (2013).

Writing and reporting news: A coaching method

. Chapter 15, Media Ethics.