Media Ethics: Ethical Dilemmas in News Gathering - Privacy and Confidentiality, Study notes of Journalism

Ethical dilemmas in news gathering, focusing on the issues of privacy and confidentiality. It discusses the codes of ethics for mass communicators, the conflict between the public's right to know and an individual's right to privacy, and the importance of respecting privacy and avoiding intrusion. The document also covers the history of privacy and other major media ethics, such as truth telling and confidentiality.

Typology: Study notes

2011/2012

Uploaded on 10/02/2012

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1. Ethics and News Gathering- Sources of Conict
While the codes can be useful, applying ethics is not easy.
The diiculty of ethics becomes clear when a mass
communicator is confronted with a conict: The
application of media ethics almost always involves nding
the most morally defensible answer to a problem for
which there is no single correct or even best answer.
What would you do?
As a reporter, would you shoot a grieving father and ask
him questions as he holds his child at an accident scene or
leave him in piece?
The father’s sorrow is part of the story, and the reporter’s
job is to get the story and the public has the right to know,
but the man also has a right to privacy.
The decision is guided by the reporters ethics
2. Privacy and Intrusion
The code prescribes that reporters should show respect for
the privacy of people “at all times”.
The right to privacy protects an individual’s peace of mind
and personal feelings.
Case such as Princess Diana’s death in 1997 have raised the
issue of invasion of privacy.
Invasion of Privacy addresses a person’s right to be left
alone, without his or her name, image, or daily activities
becoming public property.
This ethical issue raises several ethical questions among
media practitioners such as:
Do public gures lose their right to privacy?
Usually, private people have a greater right to control
information about themselves than do public oicials
and others who seek power, inuence or attention. Only
an important public need can justify intrusion into
anyone's privacy.
Journalist should be very careful in the publication of private
matters, such as the unauthorized disclosure of private
statements about an individual’s health, aairs, or economic
status.
thics and
Page 1
sabato agosto 09, 20142011-10-19T21:28:00Z
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  1. Ethics and News Gathering- Sources of Conflict
    • While the codes can be useful, applying ethics is not easy.
  • The difficulty of ethics becomes clear when a mass communicator is confronted with a conflict: The application of media ethics almost always involves finding the most morally defensible answer to a problem for which there is no single correct or even best answer.

What would you do?

  • As a reporter, would you shoot a grieving father and ask him questions as he holds his child at an accident scene or leave him in piece?
  • The father’s sorrow is part of the story, and the reporter’s job is to get the story and the public has the right to know, but the man also has a right to privacy.
  • The decision is guided by the reporters ethics
  1. Privacy and Intrusion
  • The code prescribes that reporters should show respect for the privacy of people “at all times”.
  • The right to privacy protects an individual’s peace of mind and personal feelings.
  • Case such as Princess Diana’s death in 1997 have raised the issue of invasion of privacy.
  • Invasion of Privacy addresses a person’s right to be left alone, without his or her name, image, or daily activities becoming public property.
  • This ethical issue raises several ethical questions among media practitioners such as:
  • Do public figures lose their right to privacy?
  • Usually, 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 important public need can justify intrusion into anyone's privacy.
  • Journalist should be very careful in the publication of private matters, such as the unauthorized disclosure of private statements about an individual’s health, affairs, or economic status.

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  • Be sensitive when seeking or using interviews or photographs of those affected by tragedy or grief.
  • Harm limitation deals with the questions of whether everything learned should be reported and, if so, how?
  • This principle of limitation means that some weight needs to be given to the negative possible consequences.
  • Do you report the names of women who have been raped or the names of abused children? The answer is NO.
  • Defendants at trial are treated only as having "allegedly" committed crimes, until conviction, when their crimes are generally reported as fact.

Privacy issues are usually considered in four areas under a list developed by Prof. William Prosser in 1960:

  • False Light -- This is very much like libel, although covers instances where direct defamation has not occurred. Usually the Sullivan standard applies (knowledge of falsity or reckless disregard for the truth) as well as a standard that says the publication or broadcast is highly offensive to a reasonable person.
  • Misappropriation of a person's name or likeness (picture) -- This is often similar to copyright or intellectual property cases - For private people, misappropriation may be called "commercialization" - (^) For celebrities, misappropriatition cases involve a "right of publicity"
  • Intrusion on a person's right to seclusion and personal privacy; - Medial cases usually involve physical intrusion by news media, often with cameras or recording devices, into the lives of celebrities and private people
  • (^) Publication of Private Facts or unreasonable revelation of private facts that may be true but nevertheless embarrassing to private people
  • Intentional infliction of emotional distress -- In some states, such as Virginia, a fifth tort area, "intentional infliction of emotional distress," is sometimes used in place of false light, intrusion and publication of private facts.

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authorized to permit photographs of parts of the building not rented by the tenant.

  • Consent to enter a home may not be consent to photograph it. Consent exceeded can be the same as no consent at all.

  • Although oral consent may protect the press from liability for invasion of privacy, written consent is more likely to foreclose the possibility of a lawsuit. However, a subjects subsequent withdrawal of consent does not bar the publication of the photograph. It simply means that the journalist may not assert consent as a defense if the subject later files suit.

  • Permission from a police department to accompany officers who legally enter private property may not immunize journalists from invasion of privacy suits. In most states, authorities may deny photographers access to crime scenes and disaster areas. (Note: See Wilson v. Layne above)

  • Public officials and public figures, and people who become involved in events of public interest, have less right to privacy than do private persons.

  • In some states, using hidden cameras, or audiotaping people without their consent, may invite criminal or civil penalties. (Note: Virginia laws are less strict than Maryland, and for that reason, the Monica Lewinski tapes were made in Virginia).

  • A photograph may intrude into a persons seclusion without being published. Intrusion can occur as soon as the image is taken. (Or even before, as in the Galella case).

  1. The History of Privacy

Privacy is a right that has been recognized only recently in the 20th

Century. Privacy laws are an attempt to distinguish between the public sphere of life and the private or personal sphere. Unlike defamation laws, privacy laws tend to vary somewhat from state to state. Privacy rights involve both personal^ rights, such as the right to a good reputation, and property^ rights, such as the right to avoid tresspass or to control the way your own picture is used by others for advertising.

  1. Other Major Media Ethics

Truth Telling/Accuracy and Responsibility Page 4

  • Truth and honesty are overriding concern for media professionals.
  • The issue of truth becomes especially paramount/vital in the news media; Journalists are expected to present an objective form of truth.
  • News writers & Reporters are expected to be as accurate as possible given the time allotted to story preparation and the space available, and to seek reliable sources.
  • Corrections should be published when errors are discovered.
  • When news writers/reporters make inaccurate statements in their scripts that affect the character or reputation of person o a group, writers can be sued for libel
  • Defamation/Libel/Slander happen when news harm a reputation; decrease respect, regard, or confidence; or induce hostile, or disagreeable opinions or feelings against an individual or entity.

Confidentiality:

  • Is the ability of the media professionals to keep secret the names of people who provide them with information (sources).
  • Often the grantee of anonymity is necessary to get the information.
  • E.g., without confidentiality, employees could not report the misdeeds of their employers for fear of being fired, etc.

Showing Graphic Images on TV

  • An important ethical debate about the extent to which television should use graphic footage and show war causalities on TV War & conflicts coverage.
  • Many voices have asked whether the war’s human toll should be sanitized or presented as the true face of war.
  • This debate has been raised mainly because of the ability of the Today’s technology to cover the war.

Media Practitioners & Gifts

  • Media Ethic codes condemn practitioners who accept gifts, bribes, favors, and junkets (trip with expensive paid by someone who may expect favors in return).

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