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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.
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Privacy issues are usually considered in four areas under a list developed by Prof. William Prosser in 1960:
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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).
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.
Truth Telling/Accuracy and Responsibility Page 4
Confidentiality:
Showing Graphic Images on TV
Media Practitioners & Gifts
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