When talking about codes of practice the main two points are to be considered, to stay ethical and professional. The key areas focused on within the journalistic codes of practice are: - ethical behaviour
- fair treatment – respect for privacy
- they are a requirement for accuracy and impartiality
- protecting vulnerable groups (children)
Also something important to be aware of as a journalist is that sanction and weight for regulating broadcasting are heavier than print.
Media Ethics
There are three main codes:
1. Press Complaints Commission (PCC) – covering Newspapers and magazines.
PCC is a self regulated body- they make the laws and reinforce them. The Press Complaints Commission is charged with enforcing the following Code of Practice which was framed by the newspaper and periodical industry and was ratified by the PCC in September 2009.
National Union of Journalists (NUJ) is one of the self regulating bodies and sets the ethical and professional Code of conduct. “The NUJ's Code of Conduct has set out the main principles of British and Irish journalism since 1936. It is part of the rules and all journalists joining the union must sign that they will strive to adhere to it. “
According to the NUJ's Code of Conduct members of the National Union of Journalists are expected to abide by the following professional principles: "a journalist:
1. At all times upholds and defends the principle of media freedom, the right of freedom of expression and the right of the public to be informed
2. Strives to ensure that information disseminated is honestly conveyed, accurate and fair
3. Does her/his utmost to correct harmful inaccuracies
4. Differentiates between fact and opinion
5. Obtains material by honest, straightforward and open means, with the exception of investigations that are both overwhelmingly in the public interest and which involve evidence that cannot be obtained by straightforward means
6. Does nothing to intrude into anybody’s private life, grief or distress unless justified by overriding consideration of the public interest
7. Protects the identity of sources who supply information in confidence and material gathered in the course of her/his work
8. Resists threats or any other inducements to influence, distort or suppress information
9. Takes no unfair personal advantage of information gained in the course of her/his duties before the information is public knowledge
10. Produces no material likely to lead to hatred or discrimination on the grounds of a person’s age, gender, race, colour, creed, legal status, disability, marital status, or sexual orientation
11. Does not by way of statement, voice or appearance endorse by advertisement any commercial product or service save for the promotion of her/his own work or of the medium by which she/he is employed
12. Avoids plagiarism.
The NUJ believes a journalist has the right to refuse an assignment or be identified as the author of editorial that would break the letter or spirit of the code. The NUJ will fully support any journalist disciplined for asserting her/his right to act according to the code.” (Ref.10)
Apart from the NUJ Code of Practice there is also another code that also explores above aspects of journalistic profession but this one has been created to be directed at a specific role the Editors' Code of Practice. Apart from other codes this one was specifically in the area of my interest over that last few months as I have been put into a role of Feature Editor for our online magazine Winchester News Online (WINOL).
“This section also includes an Introduction to the Code, which explains the function of the Code and who is responsible for its development; and a history of the Code, which provides a comprehensive summary of all changes made to the Code since 1991.
The Press Complaints Commission is charged with enforcing the following Code of Practice which was framed by the newspaper and periodical industry and was ratified by the PCC in September 2009.
According to THE editors' CODE “all members of the press have a duty to maintain the highest professional standards. The Code, which includes this preamble and the public interest exceptions below, sets the benchmark for those ethical standards, protecting both the rights of the individual and the public's right to know. It is the cornerstone of the system of self-regulation to which the industry has made a binding commitment.
It is essential that an agreed code be honoured not only to the letter but in the full spirit. It should not be interpreted so narrowly as to compromise its commitment to respect the rights of the individual, nor so broadly that it constitutes an unnecessary interference with freedom of expression or prevents publication in the public interest.
It is the responsibility of editors and publishers to apply the Code to editorial material in both printed and online versions of publications. They should take care to ensure it is observed rigorously by all editorial staff and external contributors, including non-journalists, in printed and online versions of publications.
Editors should co-operate swiftly with the PCC in the resolution of complaints. Any publication judged to have breached the Code must print the adjudication in full and with due prominence, including headline reference to the PCC.” (Ref.5)
All this tips I have explored and implied in my best efforts into my work practice while studying the role of the editor, some of the points below I have used directly to fulfil my editorial position and took responsibility to deal with any of the problems that might have arose during our WINOL experience (Feature). I will give examples below the following points of the code.
“1 Accuracy
i) The Press must take care not to publish inaccurate, misleading or distorted information, including pictures.
ii) A significant inaccuracy, misleading statement or distortion once recognised must be corrected, promptly and with due prominence, and - where appropriate - an apology published.
iii) The Press, whilst free to be partisan, must distinguish clearly between comment, conjecture and fact.” (Ref.5)
Here I found it quite challenging at first as comment articles or debates that we organised proved problematic in many aspects. We have our own comment/reader response editor that works within the team of feature section but it still had to be fully supervised by me as a main editor. Comment articles started off pretty badly, and being so inexperienced we had to learn the hard way what actually the comment feature format is. Sometimes reading articles in the newspaper or online doesn’t give away techniques and principles behind writing it. In the section “a newspaper says...”/”a financial expert correspondent says”, experienced and knowledgeable journalists are allowed to express their fair comment which is based on facts (it’s accurate), done without malice and within the public interest of course, it also has to be placed clearly and accurately in the Comment section and that is how the content is covered by its defences. The main thing that our comment editor had to understand was that because we are not experts on anything just yet we should not be acting/ pretending to be ones. And even though the name of the format implies so it is not for a journalist at our stage to express our personal opinion, it has to be a fair comment based on fact not our personal view. It took good few attempts for all of us to understand how to go about writing comment pieces when not being expert as of yet – the answer was to keep finding people that ‘matter and whose view/opinion’ is valuable to the public interest. Meaning get these people to write the comment pieces for us and then fit it within the format of for example “bishops view on single sex marriage”. Other way was so called ‘ghosting’ which was useful if a person was not willing to write an article for us but would rather be interviewed; the interview would be recorded and then transcribed into words. The interviewee has to give consent for such method to be used and be clearly informed of the purposes of the interview and for it to be transcribed and used as an article and published. Great practice was when Thom ghosted the bishop of Winchester; I made sure the whole process was well executed. I listened through the interview and checked accuracy of the transcribed text as well as made sure that Thom made the bishop aware of the purposes of the interview and got consent on email for the transcribed article to be published. Thom did really well with that article and executed it well. The article was published and is still within the front page of the features of WINOL.
The unsuccessful attempt to have weekly debates was a fantastic case study. At first our content of debates was not so much of a concern it was the visual aspect of it, our production team didn’t seem to be putting enough efforts in having it organised to the standard that i would have wanted it too and because they were always lacking in people filling the production roles I had to fill the gaps which resulted that there was not enough supervision over the content of the debates.
One of the debates that brought us the biggest case study was the political debate that Thom organised which seemed to have a great potential and the idea (fees and budget cuts). It was on current issues and if executed accurately it would have been great, the project was ambitious and was a great study touching my legal aspects of media law like fair dealing within the program, impartiality, need to keep fair political balance etc. I asked Thom to keep it under ten minutes and it was meant to be ‘as life’ but it went well over that time limit and despite the fact that even Chris tried to direct Thom from the studio floor it was difficult to control the length of the program. I should have been the one controlling the output content and we should have been better prepared within the aspect of the amount of questions and the potential length of the answers. And had more attention been put into giving equal air time the debate would have been broadcast able. As I already gave away a hint of what the issue was we had our first complaint from one of the participants of the debate, Michael Jardine. I write about how I dealt with that issue in blog on WINOL experience here: Solving Hot Topics debate issue & bulletin week 6
“iv) A publication must report fairly and accurately the outcome of an action for defamation to which it has been a party, unless an agreed settlement states otherwise, or an agreed statement is published.” (Ref.5)
Once I accepted an idea for a feature I have to discuss all possible risks, picture or content wise that would have to be applied within the package, article, debate, studio based shows etc. As I gave an example above and from the post on dealing with the complaint you can see that I put my best efforts to deal with the complaint as quick as possible and the article with an apology to Mick is still on the features part of WINOL. I also applied the next point on ‘opportunity to reply’ ; even though our complainant did not use this opportunity it was given to him along with the apology and the debate remains unpublished for my request.
“2 Opportunity to reply
A fair opportunity for reply to inaccuracies must be given when reasonably called for.
3 *Privacy
i) Everyone is entitled to respect for his or her private and family life, home, health and correspondence, including digital communications.
ii) Editors will be expected to justify intrusions into any individual's private life without consent. Account will be taken of the complainant's own public disclosures of information.
iii) It is unacceptable to photograph individuals in private places without their consent.
Note - Private places are public or private property where there is a reasonable expectation of privacy.” (Ref.5)
This point was always the aspect that all the reporters were reminded of especially in the case of filming GVs. We didn’t have any specific issues with this one everyone seemed to remember about the need for implied or explicit consent while filming and every time I looked through the film I paid attention on the aspect of breach of confidentiality (privacy).
“4 *Harassment
i) Journalists must not engage in intimidation, harassment or persistent pursuit.
ii) They must not persist in questioning, telephoning, pursuing or photographing individuals once asked to desist; nor remain on their property when asked to leave and must not follow them. If requested, they must identify themselves and whom they represent.
iii) Editors must ensure these principles are observed by those working for them and take care not to use non-compliant material from other sources.” (Ref.5)
This issue has not appeared in any stage of our work, common courtesy as well as good ethical practice when pursuing contacting people or sources has been kept within reasonable level of frequency and intensity. The reporters were reminded to identify themselves and whom they represent.
“5 Intrusion into grief or shock
i) In cases involving personal grief or shock, enquiries and approaches must be made with sympathy and discretion and publication handled sensitively. This should not restrict the right to report legal proceedings, such as inquests.
*ii) When reporting suicide, care should be taken to avoid excessive detail about the method used.
6 *Children
i) Young people should be free to complete their time at school without unnecessary intrusion.
ii) A child under 16 must not be interviewed or photographed on issues involving their own or another child’s welfare unless a custodial parent or similarly responsible adult consents.
iii) Pupils must not be approached or photographed at school without the permission of the school authorities.
iv) Minors must not be paid for material involving children’s welfare, nor parents or guardians for material about their children or wards, unless it is clearly in the child's interest.
v) Editors must not use the fame, notoriety or position of a parent or guardian as sole justification for publishing details of a child’s private life.
7 *Children in sex cases
1. The press must not, even if legally free to do so, identify children under 16 who are victims or witnesses in cases involving sex offences.
2. In any press report of a case involving a sexual offence against a child -
i) The child must not be identified.
ii) The adult may be identified.
iii) The word "incest" must not be used where a child victim might be identified.
iv) Care must be taken that nothing in the report implies the relationship between the accused and the child.” (Ref.5)
Underage participants were kept out of our films, and my VJs did not have to deal with any issues of the points 5, 6 or 7. The only situation that arose for point 6 to be applied was when I went to cover the student protests in London on 10/11/10 and few of my interviewees looked like under the age of 16 but I made sure I asked all my interviewees about their age and have their implied consent by agreeing to be interviewed and informed of it to be published on WINOL.
“8 *Hospitals
i) Journalists must identify themselves and obtain permission from a responsible executive before entering non-public areas of hospitals or similar institutions to pursue enquiries.
ii) The restrictions on intruding into privacy are particularly relevant to enquiries about individuals in hospitals or similar institutions.” (Ref.5)
All the reporters always identified themselves and obtained permission from relevant people for filming or entering/participating within the event. A good example of that was when Katie and Claire organised to go to London on The wine tasting show. They were advised to get permission on filming (press passes) and inform relevant people (organisers) of their participation and purpose of it.
“9 *Reporting of Crime
(i) Relatives or friends of persons convicted or accused of crime should not generally be identified without their consent, unless they are genuinely relevant to the story.
(ii) Particular regard should be paid to the potentially vulnerable position of children who witness, or are victims of, crime. This should not restrict the right to report legal proceedings.
10 *Clandestine devices and subterfuge
i) The press must not seek to obtain or publish material acquired by using hidden cameras or clandestine listening devices; or by intercepting private or mobile telephone calls, messages or emails; or by the unauthorised removal of documents or photographs; or by accessing digitally-held private information without consent.
ii) Engaging in misrepresentation or subterfuge, including by agents or intermediaries, can generally be justified only in the public interest and then only when the material cannot be obtained by other means.
11. Victims of sexual assault
The press must not identify victims of sexual assault or publish material likely to contribute to such identification unless there is adequate justification and they are legally free to do so.
12. Discrimination
i) The press must avoid prejudicial or pejorative reference to an individual's race, colour, religion, gender, sexual orientation or to any physical or mental illness or disability.
ii) Details of an individual's race, colour, religion, sexual orientation, physical or mental illness or disability must be avoided unless genuinely relevant to the story.
13. Financial journalism
i) Even where the law does not prohibit it, journalists must not use for their own profit financial information they receive in advance of its general publication, nor should they pass such information to others.
ii) They must not write about shares or securities in whose performance they know that they or their close families have a significant financial interest without disclosing the interest to the editor or financial editor.
iii) They must not buy or sell, either directly or through nominees or agents, shares or securities about which they have written recently or about which they intend to write in the near future.
14. Confidential sources
Journalists have a moral obligation to protect confidential sources of information.
15. Witness payments in criminal trials
i) No payment or offer of payment to a witness - or any person who may reasonably be expected to be called as a witness - should be made in any case once proceedings are active as defined by the Contempt of Court Act 1981.
This prohibition lasts until the suspect has been freed unconditionally by police without charge or bail or the proceedings are otherwise discontinued; or has entered a guilty plea to the court; or, in the event of a not guilty plea, the court has announced its verdict.
*ii) Where proceedings are not yet active but are likely and foreseeable, editors must not make or offer payment to any person who may reasonably be expected to be called as a witness, unless the information concerned ought demonstrably to be published in the public interest and there is an over-riding need to make or promise payment for this to be done; and all reasonable steps have been taken to ensure no financial dealings influence the evidence those witnesses give. In no circumstances should such payment be conditional on the outcome of a trial.
*iii) Any payment or offer of payment made to a person later cited to give evidence in proceedings must be disclosed to the prosecution and defence. The witness must be advised of this requirement.
16. *Payment to criminals
i) Payment or offers of payment for stories, pictures or information, which seek to exploit a particular crime or to glorify or glamorise crime in general, must not be made directly or via agents to convicted or confessed criminals or to their associates – who may include family, friends and colleagues.
ii) Editors invoking the public interest to justify payment or offers would need to demonstrate that there was good reason to believe the public interest would be served. If, despite payment, no public interest emerged, then the material should not be published.” (Ref.5)
None of the above 9-16 points were of our issue but I stayed aware of their importance and need to be supervised and checked.
“The public interest
There may be exceptions to the clauses marked * where they can be demonstrated to be in the public interest.
1. The public interest includes, but is not confined to:
i) Detecting or exposing crime or serious impropriety.
ii) Protecting public health and safety.
iii) Preventing the public from being misled by an action or statement of an individual or organisation.
2. There is a public interest in freedom of expression itself.
3. Whenever the public interest is invoked, the PCC will require editors to demonstrate fully that they reasonably believed that publication, or journalistic activity undertaken with a view to publication, would be in the public interest.
4. The PCC will consider the extent to which material is already in the public domain, or will become so.
5. In cases involving children under 16, editors must demonstrate an exceptional public interest to over-ride the normally paramount interest of the child.” (Ref.5)
The public interest has always stayed at the back of the intentions and when thinking of our audience we also kept in mind the potential need of them to see or read the content of our choice. When covering the London protests I stayed fully in the position of the observer and have not got involved in any chanting or demonstrating my personal point of view. When filming and them editing we focused on showing events of that day “ What happened in London on 10/11/10” and showed the extracts consecutively that we were observant of throughout the day. We didn’t focus only on the trouble at the Millbank nor did we show only peaceful marches from earlier on that day. It was a Gonzo style short documentary with intention to share with the public of what happened that day. It was an excellent practice and gave us also an opportunity to imply the skills of working in a hostile environmen which was an excellent experience.
Student protests in London Demo and Rob Kirk from Sky visits WINOL (week 7) here
Student protests documentary reaches over 7,000 hits on youtube! (Using the LiveStreem) (Week 8) here
2. OfCom – broadcasting statutory body regulating broadcasting
It stands for a little bit of ‘a different beast’ as our tutor said, as it has statutory powers (cases: Blue Peter BBC – comic relie).
- Corrections or findings must be broadcast
- It can impose fines- are counted in terms of % of the revenue.
- It can revoke broadcast licence
PRACTICAL JOURNALISM: OFCOM CODE
Meaning of “due impartiality” is not favouring one side or another, Evan Davies on BBC college of journalism website says that it’s all about context – it will vary according to circumstances.
Impartiality
- required for broadcasters
- not for newspapers – hence Sun or Mail
- absence of bias or preconception
- considers ‘axis of debate’
- mediating within the conflict
3. BBC - (staff and licence payers) for BBC
New BBC editorial Guidelines, BBC (BBC complaints)
- violence in news
- secret recording
- electoral law
- reporting of war/terror – no need to be sensationalist
- examples – look up in papers/online
- BBC fines
- Itv fines
They are important because breaching any of the above brings severe consequences; they are guides through ethical issues stating not only how far can we go to get a story but also when do circumstances become morally or ethically uncertain.
Should bloggers follow a professional code of ethics?
References:
Ref.1) McNae’s essential law for journalists (Twentieth Edition) Banks, D. Hanna, M. (2009)
Ref.2) Notes from the Media Law section on Winchester Journalism site for third year ba students (updates, year 3, BA Journalism 2010) week 9 http://journalism.winchester.ac.uk/?page=102
Ref.3) Media Law Lecture ba Journalism, year 3, week 9
Ref.4) The NUJ's Code of Conduct http://www.youtube.com/watch?v=sqGwAMI5TqU&feature=related
Ref.5) Editor’s Code of Practice: http://www.pcc.org.uk/cop/practice.html
Ref.6) PRACTICAL JOURNALISM: OFCOM CODE http://www.youtube.com/watch?v=oF6xyoSa49g&feature=related
Ref.7) Should bloggers follow a professional code of ethics? http://www.youtube.com/watch?v=R3QEgox2cCE&feature=related
Ref.8) Ethical Journalism http://www.youtube.com/watch?v=uzB0zwiyFzM&feature=related
Ref.9) WINOL experience of being a Features Editor as well as produce my own films/features (September-December 2010)
Ref.10) NUJ Code of Practice http://www.nuj.org.uk/innerPagenuj.html?docid=174
