media ethics the ethics of reporting on sensitive documents and classified information journalism...

Media Ethics

The ethics of reporting on sensitive documents and classified information

Journalism 430/Communication LawCalifornia State University, Long BeachGwen 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 News prohibits

reporters from owning stock in local companies. 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 routinely practice this. 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 LOYALTIES

VALUES 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 Model1) 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 (9th 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.