editing course handout' | Summaries Media Writing

UNIT FIVE

5. Ethical and Legal Issues in Editing

5.1. What is ethics?

In popular usage, one meaning of ethics is “a set of principles of conduct governing an individual

or group.” One writer said that ethics refers not only to statements about our conduct and the

conduct of others but also to statements of what that conduct ought to be. People embrace certain

ethical standards of conduct because of the moral education provided by their culture—their

family, school, church, friends and peers—and because of an inner commitment to culturally

defined moral standards.

Ethics, therefore, is personal. It is determined and enforced by each of us individually, and it can

provide us with certain basic principles by which we can judge actions to be right or wrong, good

or bad, responsible or irresponsible. Because of this background, we make many moral

judgments without much thought or deliberation. Most of us, for example, would not hesitate to

say that we value telling the truth.

Once in a while, an ethical decision involves more than one moral rule. For example, most of us

have been taught that stealing is wrong; we have also been taught that human lives are highly

valued. What if a loved one requires medication to live and we had no money to buy that

medication? Would you hesitate to steal the medicine from pharmacy? Would we be morally

justified in doing so? Does the value of a human life outweigh the harm done by stealing the

medicine? Or is stealing always wrong, regardless of the motivation?

How to address some questions of ethics

The stereotypes of journalists as cynical, conniving and unprincipled hacks, who believe that a

scoop is sacred, persist in the popular culture. But what kind of decisions do real journalists

make? Here a newsroom scenario that an editor might face:

Your magazine’s intern discovers that the death of a prominent celebrity occurred

because of complications associated with AIDS. You’re the senior editor on duty, and

your magazine goes to press in two hours. Should you publish the cause of death?

5.2. Situational ethics

Editors face many day-to-day ethical decisions beyond remaining alert to issues of good taste

and sensitivity. The ethical dilemmas that reporters face are different from those copy editors

face, and copy editors face different dilemmas than do managing editors or publishers.

Reporters are likely to be concerned with questions involving the newsgathering process:

Should confidential sources be used? Under what circumstances?

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UNIT FIVE

5. Ethical and Legal Issues in Editing 5.1. What is ethics? In popular usage, one meaning of ethics is “a set of principles of conduct governing an individual or group.” One writer said that ethics refers not only to statements about our conduct and the conduct of others but also to statements of what that conduct ought to be. People embrace certain ethical standards of conduct because of the moral education provided by their culture—their family, school, church, friends and peers—and because of an inner commitment to culturally defined moral standards. Ethics, therefore, is personal. It is determined and enforced by each of us individually, and it can provide us with certain basic principles by which we can judge actions to be right or wrong, good or bad, responsible or irresponsible. Because of this background, we make many moral judgments without much thought or deliberation. Most of us, for example, would not hesitate to say that we value telling the truth. Once in a while, an ethical decision involves more than one moral rule. For example, most of us have been taught that stealing is wrong; we have also been taught that human lives are highly valued. What if a loved one requires medication to live and we had no money to buy that medication? Would you hesitate to steal the medicine from pharmacy? Would we be morally justified in doing so? Does the value of a human life outweigh the harm done by stealing the medicine? Or is stealing always wrong, regardless of the motivation? How to address some questions of ethics The stereotypes of journalists as cynical, conniving and unprincipled hacks, who believe that a scoop is sacred, persist in the popular culture. But what kind of decisions do real journalists make? Here a newsroom scenario that an editor might face:  Your magazine’s intern discovers that the death of a prominent celebrity occurred because of complications associated with AIDS. You’re the senior editor on duty, and your magazine goes to press in two hours. Should you publish the cause of death? 5.2. Situational ethics Editors face many day-to-day ethical decisions beyond remaining alert to issues of good taste and sensitivity. The ethical dilemmas that reporters face are different from those copy editors face, and copy editors face different dilemmas than do managing editors or publishers. Reporters are likely to be concerned with questions involving the newsgathering process:  Should confidential sources be used? Under what circumstances?

 Should classified information be used? Under what circumstances?  Is going undercover to get the story ever justified? When?  Is invasion of someone's privacy ever justified? When? Copy editors are likely to be concerned with decisions involving the writing, editing and production processes:  Is the use of profane language or obscene photographs ever justified? When?  Are the implicit biases of the editor or the newspaper as a cultural institution evident in the selection of stories and photos? Should they be?  Do certain people, groups or institutions receive more play than others?  Conversely, are some people, groups or institutions ignored?  Are headlines and captions fair and accurate?  Are stories edited to eliminate bias and opinion? Are subjective words or words suggesting a viewpoint given thoughtful consideration? Managing editors and other senior editors are likely to be concerned with questions of policy:  Should victims of crimes be identified? If so, when? In stories about rape? About incest? About battering? In stories involving juveniles?  Should suspects in crimes be identified? If so, when? At their arrest? When they are charged? At the time of trial?  Should the cause of death be listed in obituaries involving victims of suicide or AIDS?  Who in the newsroom should know the identity of confidential sources? Just the reporter? The supervising editor? The managing editor? The publisher? If a reporter pledges confidentiality to a source, are editors bound by the same promise?  How involved should newsroom employees be in writing and editing special sections that promote consumer products?  How should corrections and clarifications be handled? Journalists face these moral and ethical decisions daily and often have little more to guide them than their own sense of justice and fair play. 5.3. Editing with good taste and sensitivity Of all the copy editor's duties, eliminating passages that are in poor taste or harbor stereotypes can be the most challenging. Just as it is important to edit stories for accuracy, style, consistency, conciseness and libel, it is likewise crucial to be alert to issues of sensitivity. The stylebooks for most publications contain guidelines for handling references to age, dialect, disabilities, race, nationality, religion, gender and sexual orientation. They also outline when it is

rather than "Why not use it?" The simple fact that a person used profanity or obscenity is not in itself justification for printing it. However, it may be used if the term was used in public-- especially by a public official or celebrity--and it reflects a mood or frame of mind that can be conveyed in no other way or if the words themselves play a role in the story. Detailed descriptions of a pornographic film or an episode of violence or mayhem should not be used unless the descriptions provide significant information or understanding that would otherwise be lacking in the story. Stylebooks cannot suggest guidelines for handling every issue of sensitivity. As both our society and our language change, the ways by which we communicate will necessarily change as well. Editors recognize that both writing styles and technical styles must adapt to those changes. 5.4 Conflict of interest Conflicts of interest occur when individuals face competing loyalties to a source or to their own self-interest, or to their organization’s economic needs as opposed to the information needs of the public. In journalism, Conflict of interest ranges from accepting gifts and travel junkets to political involvement and all forms of divided loyalty. If a journalist’s conscience has been compromised in any way, it is impossible for him to maintain objectivity either as a reporter, editor, or programme presenter on radio and television or as a producer or even a contributor. If some reporter or editor is aware of a real conflict of interest, it must be avoided. If that something might be thought of by the public as a potential conflict of interest, it is the job of the reporter or editor to evaluate his or her actions in the light of possible damage to the credibility of the media organization that hired them. Let’s trust the reporter or editor to be professional. If a financial, social, or psychological bribe is reflected in content produced by a media person, there should be some means of removing such a person from their beat or the profession. In any case, the public should be informed in the same programme or publication of all significant relationships, including the possibility of such conflicts. 5.5 Libel and slander Defamatory language is placed into two categories. The most common and serious is libel. Libel is defamation in writing or some other permanent form, such as a tape or video recording. Radio and television broadcasts and computer-generated transmissions are defined by statute as libel. Slander is spoken defamation or defamatory language in some other temporary form. Although actions against newspaper and television companies for slander are rare, the writer or broadcaster should always be conscious of the risk of making a slanderous statement – particularly the investigative journalist who is checking allegations of wrongdoing or confronting the wrongdoer in person. If the writer or broadcaster makes defamatory statements about the wrongdoer to or in the hearing of a third party, he is exposed to the risk of being sued for slander.

5.6 Copyright Copyright is an intellectual property right. Intellectual property rights protect things that are created by a person’s skill, labor and investment of time and money. The law of copyright prevents a person from copying the work of another without his permission. It is therefore the exclusive right to use material in a certain way. The law of copyright protects two kinds of labor or investment; the labor of the author in his own material, such as articles, programmes, scripts or songs, and the investment of those who provide the technology necessary to publish the material, such as newspapers, broadcasts, films or records. The law of copyright is important to those working in the media. It determines the extent to which a quotation or the work of a third party can be used in an article or broadcast. It also establishes the right of a writer, newspaper or television company to exploit his own work or the work of the company and prevent others from taking benefit from it. 5.6.1. General principles Copyright does not protect ideas, news or information from being copied. Instead, it protects the material form or manner of expression of that idea or information. Infringement of copyright was found where one news service copied verbatim another newspaper’s report ( Walter v Steinkopff (1892) ). The law strikes a balance between the right of an author to benefit from his work and the need of the public for a free flow of information. In order for copyright to exist in a work, it must fall within one of the following categories:  Original literary, dramatic, musical or artistic works  Sound recordings, films, broadcasts or cable programmes  The typographical arrangement of published editions. 5.6.2. Who Owns Copyright? Literary, Dramatic, Musical and Artistic Works Copyright in literary, dramatic, musical and artistic works belongs to the author of the work. This means the person whose skill and effort produced the work – for example the writer of the book, not the secretary who typed it out. However, in some cases the person who takes the material down can be the copyright owner. If two or more people jointly create a work and their contributions are indivisible, then, unlike the tune and the lyric in a song, copyright is owned jointly. If a ghost writer produces an autobiography or a newspaper series, the ghost writer owns the copyright subject to any agreement otherwise. 5.6.3. Transfer of ownership: Copyright can be transferred from one person to another like any other item of property. Copyright can pass as part of an estate on death or be assigned during the

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UNIT FIVE