Comm 409 Ethics and Law Ethics 09 03 2013 Concerned with behavior and conduct involves making choices in our daily lives professional as well as personal Based on a set of principles or on a code or standard of conduct indicating how one should behave Ethics requires action First you must distinguish right from wrong Second you must have the commitment to do what is right and avoid what is wrong Some codes of ethics are universal Golden Rule treat people as you would like to be treated Code of Hammurabi The Ten Commandments Tells you what you may or may not do What you are permitted to do or prohibited from doing OFTEN what you are required to do More important there is an element of enforcement and the threat of a sanction or penalty Ethics tells us what is right and wrong law tells us what we can get away Law with Most of the time what is illegal is also unethical o Murder robbery tax evasion running a red light Far from everything that is unethical is also illegal o Wall street political dirty trick cheating on a test And far from everything that is legal is ethical o Abortion slavery gay marriage Jim Crow laws restrictive covenants o Abolitions Much less frequent doing what is ethical can also be illegal In journalism you can do the ethical thing and go to jail for it o Keep your word to a source o Refuse to turn notes and film over to a grand jury Dual Aspects Being able to discern right from wrong good from evil Conflicting Obligations For journalists ethical obligations often clash o As citizens we have the obligation to help the police to catch o As journalists our obligation is to cover the story and not criminals and to save lives become a participant in it For news organizations there are also clashing values o Their obligations to society to cover the news fully fairly and without bias o The necessity of making enough money to stay in business o How a news organization fulfills its obligation to society to report the truth fully without fear or favor is the most important measure of the quality of that news organization o 09 03 2013 Steps in ethical decision making Know the facts Identify principles Identify stakeholder Identify alternatives and consequences Decide and explain Facts Principles What do I know What more do I need to know What do I have a reasonable chance of finding out What s all the fuss about What is the issue Is it controlled by o News organization policy o Code of ethics or guidelines o Law or rule Stakeholders decision Which are legitimate interests Am I casting the net widely enough Alternatives and Consequences What are the choices I have What is likely to happen Are the consequences worth it Decide and Explain Keep both decision and explanation as simple as you can Talk it over if you can What people or groups of people stand to feel the impact of my 09 03 2013 What We Do Four Rules to Live By Seek the Truth o Tell everything that needs to be told o Do not add something that didn t happen o Report the facts accurately o And tell the truth about the facts Act Independently o Your loyalty is to the story and to the truth o You represent no one but the public o You are an observer not a participant o Leave your opinions home o Avoid conflicts of interest Minimize Harm o Do no harm unnecessarily o Show compassion and sensitivity where appropriate o Respect ordinary people caught up in extraordinary events o Use special care with children Make sure to consult parents before naming o Use good taste in language and image Be Accountable o Admit mistakes and correct them promptly o Listen to readers viewers and listeners o Explain what you did and why you did it Accuracy and Truth Report the facts accurately and tell the truth about the facts Objectivity Fairness Balance Neutrality Walter Kronkite Broadcasted the JFK assassination CBS known as the Tiffany Network The journalist s disappearing role Gatekeeper You re entitled to your own opinion but not to your own set of facts 09 03 2013 Why Attribution It provides transparency o How do you know what you say you know o How direct is your source s knowledge o What biases and motives might be in play Anonymity allows the media to be used It robs the reader of any way to judge the source It lets people speak without taking responsibility It undermines our credibility o Geneva Overholser Guidelines for use of anonymous sources Crucial for mission of story o The story is of clear and compelling relevance and importance o Every possible effort has been made to get the source to to the public speak for attribution o You would have no story without them There is no other way of obtaining the information o The source has direct knowledge of the material he or she is o There are no other sources willing to be named o There are no documents available that can provide the same discussing information Reasons for requesting anonymity are valid o Identification would threaten the source s physical safety or economic well being o Readers must be informed of reasons the sources insists on anonymity Identify sources as closely as possible o The identification must be accurate and true o The identification should indicate a possible motive source has for providing information Anonymity can not be a shield for derogatory or defamatory statements o When providing negative information sources must have direct knowledge of the facts o The source must have a proven record of reliability o Corroboration in part or in full should be available through documents or other sources The agreement is a two way street o Source knows his or her identity will be provided to editors o Promise of confidentiality binds entire news organization 09 03 2013 Group 2 Presentation Dan Cohen goes to reporters and says that he has valuable information about a candidate for the democratic party and will give them the story if his name stays out of it his name was then released Is there a story here Ruling was not based on the first amendment but based on when the reporters made this deal they made a contract and it was admissible in courts Group 3 Presentation George Bush and the National Guard CBS Speculation over whether George Bush completed all of his duties as air national guard or did he get special treatment because of his father o Why was he exempt from going to Vietnam Lt Gov Ben Barnes recommended Bush Dan Rather conducted the interviews with Barnes 60 Minutes Lt Col Killian Documents o Failed to take physical o sugar coat evaluation o Get