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Chapter 6
Journalism Ethics

In this chapter


Introduction
Ethics and Integrity
Issues of Ethics
   Fairness and Objectivity
   Sensationalism and
      Integrity
   Breaking Laws
   Who Counts?
   Anonymous Sources
   Naming Names
   Equitable Sourcing

   Sexual Assaults
   Balancing Justice
   'Don't Print That'
   Plagiarism, Phantom
      Sources
   Miscellany

Conflicts of Interest
   Favors and Gifts
   Point of View
   Personal Relationships

Libel
   Causes of Libel
   Reporter Privilege
   Internet Libel
   Corrections



     

Balancing Justice
"Justice" refers to both victims of crime and accused criminals. Make no assumptions of guilt or innocence until conviction or acquittal. Balance the rights of victims and suspects with the right of news consumers to be well informed.

Law enforcers are unlikely to give the suspect's point of view, but the story should have his side. Reach out to the suspect, his family or his lawyer. Your story should indicate why police have leveled the accusation, including a listing of evidence and circumstances of the arrest.

'Don't Print That'
The rules of "for attribution," "off the record," "on background" and "on deep background" can be a morass for both reporter and source. Get any conditions straight before the interview – in consultation with your news supervisor – and avoid those gut-wrenching words: "Don't print that."

Your news organization may have guidelines. They likely will suggest that public officials should know better but that you must use discretion when interviewing sources who rarely deal with the media.

Criminal justice sources frequently ask journalists to hold stories during an active investigation of, say, a serial murderer or rapist. Often the sources protest that a story might cause the criminal to change his pattern. Journalists counter that a story that causes a serial criminal to stop should be viewed as positive, and cops respond that the criminal will merely move or alter his patterns.

The source may offer an incentive, such as an exclusive after an arrest.

The debate on this issue between journalists and law enforcers might be unresolvable. But never make an agreement with a source to hold a story before consulting your supervisor.

Plagiarism, Phantom Sources
A generation ago, stories that were based on secondary research were disparaged as "clip jobs.' Today, these pieces would be better known as cut-and-paste jobs.

The Internet has made it too easy to lift copy directly from a secondary source and tuck it into your own story file. Many journalists have paid a price for this, whether it was malicious or merely careless.

A simple rule outlined in The New York Times guidelines above might save careers: Give credit to the primary source.

Likewise, anecdotal evidence indicates a spike in the malicious fabrication of sources, including an Associated Press reporter on a criminal justice beat in Washington who apparently made up a string of sources and policy institutes over several years. He was fired in 2002, and the AP transmitted a correction that sources in some 40 of the reporter's stories could not be confirmed.

These episodes reflect poorly on all journalists, and editors must be vigilant against fabrications. An agile reporter who consistently manages to find the perfect source who delivers the perfect quote – and all on deadline – may be a great reporter. He may also be a fabricator. If something seems fishy, it might be.

Miscellany
The Society of Professional Journalists offers a number of common-sense suggestions on ethics. These are adapted from those suggestions:

  • Broadcasters should not stage re-enactions unless there is a very good reason and should always explain to viewers how and why it is being done.
  • Headlines, teases and promotional material must pass the same ethical tests as other news content.
  • Don't manipulate photos or video unless you have a good reason (for example, graphic effect or to cover up obscenity) and always explain to news consumers what you have done and why.
  • Avoid undercover or other surreptitious methods of gathering information except when traditional methods will not yield information vital to the public. Explain your methods to news consumers. Note that some state laws bar secret video- or audiotaping. In others, prior approval for taping is not needed. You should understand the law in your state. For a state-by-state list of regulations concerning recording, see the website of the Reporters Committee for Freedom of the Press, http://www.rcfp.org.

Conflicts of Interest
Journalism can be a minefield of conflicts, from jingoism to political ideology, personal relationships to "civic betterment" campaigns.

Tread lightly. Perceptions of conflict bear upon a news organization's integrity and public trust, valuable assets in a professional that sells information, not a material product. Here are brief looks at several varieties of conflict.

Favors and Gifts
Twenty-five years ago, a large local insurance firm sent personally engraved pens as holiday gifts to staffers at my Midwestern newspaper.

I was testing out my new pen when a colleague, Jim Flanery, told me he was sending his back.

"Why?" I asked. "It has your name on it."

Flanery said, "Reporters shouldn't accept gifts."

I protested, "But I can't be bought for the price of a pen."

He said, "Someone at that company will always know that you kept the pen. And they'll know that I didn't."

I sent my pen back.

A few years later, while working as a reporter in New York, a congressman arrived in our eight-person bureau just before the holidays. His aides carried in two cases of liquor, and the congressman glad-handed each of us and asked what type of booze we preferred.

I declined, thinking of Flanery.

Hearing this, one of my colleagues spoke up.

"Hey, if Krajicek doesn't want his, I'll take it." And he did.

From this I learned that one reporter's ethics is another's graft.

Here is one simple rule on favors and gifts: Accept nothing of value.
Many news organizations now reimburse any expenses for food, drinks, travel and accommodations from sports teams and film distributors, although most still accept gratis books and recordings.

What about a lunch, a drink or a slice of pizza? Some journalists prefer to pay their own way, period. Others say reciprocal lunches – you pay this time, I pay next time – is a time-honored tradition in journalism.

Use common sense.

For a sampling of gift and meal provisions from newspaper ethics codes, click here.

The Society of Professional Journalists cautions that financial conflicts can extend beyond your primary job. The group's ethics code says, "Refuse gifts, favors, fees, free travel and special treatment, and shun secondary employment, political involvement, public office and service in community organizations if they compromise journalistic integrity."

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© 2003-2010 Criminal Justice Journalists

Created with the cooperation of the Institute for Justice and Journalism, the Jerry Lee Center of Criminology at the University of Pennsylvania, and the Center on Media, Crime and Justice at John Jay College of Criminal Justice.

 

Made possible by grants from the Ford Foundation and the Donald W. Reynolds National Center for the Courts and Media at the University of Nevada Reno.