There are various moral minefields, ethical issues and legal matters facing journalists in the media industry.
As Briet states, "Ethics can be seen as a process of decision making aimed at making the right choices" (2007, p.309), or as Spence outlines, ethics is "a set of prescriptive rules, principles, values and virtues of character that inform and guide interpersonal and intrapersonal conduct" (cited in Briet, 2007 p.309).
What journalists write may "impact on the journalist, the organisation he/she works for and the people about whom he/she is writing or who might be affected by the publication of the story being researched," (Tanner, Kasinger & Richardson 2009, p.157).
The guiding principle of any story should be the 'public interest', although at times it can be hard to find the difference between what interests the public and what is in the public interest. "It’s important to question where the harm can be justified" (Conley & Lamble 2008, p.382).
Although there are internal codes of ethics for individual media outlets, as well as the Australian Journalist Association's code of ethics, journalism is about decision making. Therefore, if journalists are still in doubt about publishing a certain story, researching a certain topic, interviewing certain people, journalists should weigh up the consequences of the action and ask if the action seems justifiable or not, (Tanner, Kasinger & Richardson 2000, p.174).
Accuracy, Accuracy, Accuracy!
"The fact is that while the Internet and Web are a treasure trove for journalists, they are also a legal minefield" (Quinn & Lamble 2008, p.127).
The law is not always black and white and the relevant laws for journalists are those relating to defamation, contempt, copyright and freedom of information (FOI).
Defamation
Privacy, defamation and the implications these have on Australian journalists is unlike the United States and United Kingdom, as there is not an established privacy tort in Australia, which forces individuals to recourse to other legal remedies.
Australian journalists are currently under no binding duty to adhere to standards of privacy protection. The role of the journalist in Australia is to safeguard the interests of society and act as a watchdog over the three most important institutions.
The law of defamation requires the journalist to undertake thorough fact checking.
Pearson states that defamation is "The area of the law most commonly associated with journalists and their work" (2007, p.176), while Quinn and Lamble describe it as "the transmission of information that damages a person’s reputation and makes other people think less of them" (2008, p.129).
Uniform defamation laws, enacted in 2006, state that where defamatory material is wholly published within a particular jurisdiction, that state or territory’s laws will apply. If it is published across jurisdictions, the court will look to the state or territory where the greatest harm is caused.
Contempt
Breit states that the law of contempt "aims to prevent interference with the administration of justice" (2007, p.154). This law is concerned with maintaining the integrity of the courts and not undermining the public's confidence in the judicial system, (Breit 2007, p.154).
Quinn and Lamble state that "The main aim of sub judice contempt law is to achieve a fair trial for an accused person and to avoid trial by the media" (2008, p.10).
The journalists’ privilege, when journalists refuse to divulge their source while directly asked in a courtroom, differs throughout Australia. There aren’t uniform protections on journalist-source privilege across Australia, where punishments of breaching the Evidence Act 1995 (Cth) include a criminal conviction, fines up to $7000 and even imprisonment.
Freedom of Information
Breit states that FOI laws aim "to redress the power imbalance between government and citizens by ensuring accountability and transparency of government and facilitating democratic participation" (2007, p.58). FOI assists journalists in reporting government performance and "the successful operation of FOI is essential to voters getting the information they need to make informed decisions about the performance of elected representatives" (Breit 2007, p.70).
The integrity of journalists has been questioned since the profession’s inception. It has been highlighted that journalists are ranked slightly above used car salesman and just below politicians. Therefore, journalists must consider the potential harm of their story and need to self-regulate.
There is no real protection in Australia for journalists, which is a real problem in terms of investigative journalism. Therefore, the most imperative instrument of journalists’ is their own moral and ethical compass.
Journalists need to report only the facts, never assume anything, be wary of information found online, always seek both sides of the story, be careful when seeking comment, and always be ethical and responsible, (Quinn & Lamble 2008, p.135).
"Today, journalists need a sound understanding of the key legal elements in every jurisdiction where they work, as well as in all nations where their stories will appear. Further, and even more important, they need to have an understanding of the legal systems and relevant laws in the jurisdictions where they source CAR (computer-assisted reporting) information." (Quinn & Lamble 2008. p.128-129).
The following YouTube clip is a Communications lecture on Journalism ethics from LA Times Editor, Jim Newton.
Journalistic Ethics Lecture
Bibliography
AJA (Australian Journalists Association). Code of Ethics.
Breit, R. (2007). Law & Ethics For Professional Communicators, LexisNexis Butterworths, Chatswood, New South Wales.
Keeble, R. (2009). Ethics for Journalists second edition. Routledge: New York.
Newton, J. (2010). Journalistic Ethics, Lec 1, Communications Studies 187, UCLA. Retrieved 24 September from http://www.youtube.com/watch?v=a_MFIZC6UvU
Quinn, S & Lamble, S. (2008). Online Newsgathering: Research and Reporting for Journalism, Focal Press, Burlington, MA.
Tanner, S., Kasinger, M., & Richardson, N. (2009). Feature writing (telling the story). South Melbourne: Oxford University Press.
Tapsall, T & Varley, C. (2001). Journalism: Theory in Practice, Oxford University Press, South Melbourne, Victoria.
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