Exam #3, J1100

5. Law of Equity-

the remedy of what you are asking; not asking for $, asking for the court to tell the other party to do or not do something; this means the court could tell news orgs. that they must stop printing something, etc. ex. the pentagon papers.

News Values Structural Biases Timeliness ←>Temporal bias Commercial-related to the markets Impact Expediency-fast/easy j to make a profit Currency ←> Narrative Visual Conflict ←> Bad News Status Quo Novelty Fairness Prominence ←> Glory Proximity

...

There might be times when you will minimize harm by not being honest.

...

Seditious Libel

criticism of the government

Where it all comes together: • Function of Journalism • Independence • Freedom Responsibility Technology can be found under everyone of these functions

...

Privacy:

"The right to be left alone" Not mentioned specifically in the Constitution -Found in the penumbra of rights guaranteed by the Bill of Rights: -Fourth Amendment right against unwarranted search and seizure -Fifth Amendment right against self-incrimination -First Amendment right not to speak

First Amendment Law:

** THE FOUNDATION OF ALL OTHER FORMS OF MEDIA LAW** Where do you draw the line between free speech and laws against speaking in certain terms? -Free Speech, Free Press: -Colonial America: Licensing- denided access to printing presses of those whose views opposed the King in print Seditious Libel- made it a crime to publish anything critical of the king, the church, or leaders, etc. (reducing public respect for the king) -1735; king charged a new york publisher w/ seditious libel Bill of Rights- Seditious Libel- -Adams made it illegal to say anything bad about the president during his campaign for presidency against Jefferson-repealed as soon as Jefferson won, and pardoned those charged w/ it

Hutchins Commission vs. Leveson Inquiry

-Leveson inquiry calls for $1.53 mil fines in toughest press regulations in 300 years- -Similarities between the Hutchins Commission in the US and the Leveson Inquiry --Hutchins Commission: •US, 1947 •Threat of press regulation •Sparked the rise of social responsibility •Changed university journalism training --Leveson Inquiry: •UK, 2012 •Calls for creation of press regulation •Will a change in culture/university training also occur? •Remains to be seen

Different Standards for the press

-The court wanted the press to have "breathing room" -Recognizes the possibility for errors. -Public figures have put themselves in the spotlight -Allowed the press the freedom to its job well by allowing it room to make error -Press is liable if they make big errors

Examples:

-Jennifer Levingston on WKBT-TV and her standing up to her bully calling her fat oBring public awareness and social empathy oDrawing awareness to people outside of her oCreates conversation and empathy • OR oNot independent from faction-she is her own faction oPower imbalance-email vs. television platform oCompare to Anderson Cooper; accountability vs. personal opinion oCould undermine her or the station's credibility -"Angel of Death" -Marina Krim "returned home on Thursday w/ a third child to fne her 2-year-old Leo and 6-year-old Lucia dead in the bathtub." The children's nanny "lay injured nearby w/ apparently self-inflicted stab wounds." •NY Daily News- blurred the face of the surviving child •Many of the details of the murder came from the mom's online journal and blog •Use of social media to report this story/get resources/pics/etc. •The nanny had no social media-so not much about her; villainies's her even more -is that fair?- Not treating both sides equally-nanny less of a person -Absence of Malice video clip-Sally Field sees her job as a mission of truth-telling. More about truthful info to the people, did not see it as minimizing harm, lopsided view of their role. In second scene, she is all about verification, but not on minimizing harm, and respect for persons...she runs the story anyway and the woman kills herself. Treats her as an instrument for some other end. 2 perfect duties at stake. Fidelity, she is promising things she cannot promise. Duty to the man being investigated for murder, who to harm? The catholic woman, or the man up for jail. -To Catch A Predator Sting Operation -Dateline worked with a group called "Perverted Justice" and local police -Decoy poses online as an underage girl -Men set up (what they think will be) sex encounters w/ the girl -The whole thing is caught on camera, including the arrests -Journalists+advocates+law enforcement=what? Video clip of the greatest 3 minutes....we were great because we were informed Gregg talks about a story he a story he wrote about little league coach that had been fired before playoffs; some parents wanted him mentioned b/c he was beloved, some didn't; find that balance -PEW PROJECT FOR EXCELLENCE IN JOURNALISM -Independence is telling the truth wherever it is, but not being in the pocket of any particular interest-KOVACH AND ROSENSTIEL Gregg was asking journalists how it is to report on Islam under the Egyptian president, but you can't say anything that will offend any of the hundreds of factions of religion, same with politics; your life was on the line How do you retain independence in a situation like that? •One worked for an editor that worked directly for Muberick . Gregg during undergrad reported on a situation when a security guard was fired for posting inappropriate pictures on a gay website-the security guard sued the school-and Gregg had to write it like he said/she said even though the court documents showed injustice to the guard •If you are in the pocket, don't you have better access to sources, say in politics? How close is too close? -Chris Moody-libertarian republican, wrote for the daily collar; found sarah palin found out she had benefitted from a tax thing she had helped put in place, but by doing this he alienated sources in the inner republican pocket and pissed people off; lost sources and friends-but got him validity cuz he was willing to do serious news stories oSarah Gannam- Gregg knew her, and she covered Penn state football, and she had gone there-she won the Pulitzer prize for breaking the jerry Sandusky story

Reading Examples-Ch. 7

-June 27, 2011-Brown vs. Entertainment was delivered by the Supreme Court as unconstitutional for banning the sale of violent video games to minors, california had enacted a law prohibiting the sale or rental of violent video games to minors- unconstitutional because it infringes on First Amendment laws -in 1798, John Adams made the Alien and Sedition Acts so that nobody could print anything against him during his campaign against Thomas Jefferson -sedition law reenacted during WWI and the 1940's aimed at opposition speakers, war protesters, socialists, anarchists, etc. -Supreme Court created the "clear and present danger test" -that in times of war negative things will not be permitted in the press -Gitlow vs. New York- 1925, court ruled that the guarantees of freedom of speech apply to actions taken by all governments -Red Scare of the 50's aimed at Communist sympathizers -Yates vs. U.S.-1957, government would have to be able to prove that the defendants advocated specific violent or forcible action toward the overthrow of the gov. -NY Times vs. Sullivan, struck down alabama's libel law; said they were reverting back to seditious libel and it wasn't right so the supreme court re-wrote the libel law in a day; Justice William Brennan Jr. wrote "we consider this case against the background of a profound national commitment to the principle that debate on public issues should be unhibited, robust, and wide-open, and that it may well include vehement caustic, and sometimes unpleasantly sharp attacks on government and public officials." -New York Times Co. vs. US= pentagon papers -Branzburg vs. Hayes- reporters must answer all questions before grand juries if they actually witnessed criminal activity; 3-part test to see if journalists should be subpoenaed -Spring 2011, Middle East civil unrest gave way to revolution in Egypt, Tunisia, and Libya and was fueled globally by social media and technology

Ethical Decision Making:

-9 steps in figuring out the right thing to do; 1. Start w/ an open mind (put your opinions aside) 2. Get all the facts you can (reporting step) • journalistic, professional, legal, social/political, big picture 3. Listen to your gut (anything that makes you uncomfortable about the situation) 4. Identify which duties are at stake (who are you obligated to and how) 5. Figure out the kind of conflict you're facing • ethical dilemma (heart attack)-equally weighted competing values= potential for harm b/c they are either • ethical distress (gas)- may be able to sort it out w/ the duties differently than with the ethical dilemma? 6. Brainstorm and analyze 7. Reach a conclusion-and consensus, if you can 8. Try to minimize the harm of your decision 9. Look toward the future • can be held off for a little while • ex. naming the victim in rape cases and argument for doing so/not doing so-stigmatizing-continual stigmatizing

Rupert Murdoch's papers, UK media condemned in phone-hacking report

-In the UK libel laws are diff. and prominent people can sue for libel and win, cuz they don't have actual malice standards of the kind we do-the broadcast media in the UK-the BBC, in gov't run •Tabloids there are huge •News of the World, owned by Rupert Murdoch, is now closed; led to inquiry how the press in the UK runs -News of the World found a way to hack into people's cell phones and do it repeatedly and sometimes the police would help them do it-hacked into celebrity voicemails a 13-year-old that was missing and her parents still had hope she was alive, kept checking to see if her voicemail was full, and one day it wasn't cuz a reporter checked it and they thought she was alive-she was dead. -News of the World stalked people; celebrities and normal people (Hugh Grant, Sienna Miller, Jude Law, JK Rowling, etc.) -Lord Justice Leveson sent to evaluate the press in great Britain and everything about it •TODAY, 11/29/12 he released his report

Reading Examples-Ch. 6

-Jayson Blair- May 2003, NY TImes writer that fabricated evidence, sources, and stories (like stephen glass) about sniper attacks in washington and the deaths of soldiers in iraq -2009, News of the World in London scandal, where they hacked voicemail accounts of the missing and the famous and then reported stories, knew it was wrong, tried to cover their tracks, completely illegal and were paying the police to keep quiet b/c they just had that much power over authority; launched a full-scale inquiry into the state of the press in england by Justice Leveson, and he recently stated that they need an objective board to oversee the british press -amish story about the wreck and respecting the amish culture, grieving, and beliefs while still trying to tell the public about a news-worthy story

Intentional Infliction of Emotional Distress (IIED):

1. Is intentional or reckless 2. Offends generally accepted standards of decency or morality 3. Ins causally connected w/ the plaintiff's emotional distress; and 4. Caused emotional distress that was severe 5. False statement of fact made with actual malice ex. Hustler vs. Falwell (1988) -Hustler mag. says Jerry Falwell is an alcoholic and slept w/ his mom; but said it was a parody in the ad -Sued, and didn't win b/c it was labeled as false ex. Snyder vs. Phelps -Corporal Lance Snyder died in Iraq and protestors from that crazy westborough baptist church protested his funeral b/c they think we are doomed and our military is doomed b/c we tolerate homosexuality -The funeral session went passed them, and saw the signs-the father sued the church for IIED although he didn't see the signs except for on the news; b/c they left before the service and human walls of other protesters surrounded them and they lost b/c they were in a public space talking about a public concern and were far enough away from the church, family, and funeral they didn't get in trouble; speech is protected regardless of how offensive it is -Heckler's veto- public can shut off core political speech b/c they don't like it -It has been limited that they can't be closer than 300 ft. away form a funeral 30 mins. before, during, and 30 mins. after the funeral

Theories:

1. Meiklejohnian- free speech is a means to self-government 2. Marketplace of Ideas- free speech aids the search for truth 3. Checking-Value- like watchdog role; to be a check on gov't power and prevent abuses by those in power 4. Self-Fulfillment- when you express yourself you feel good, inherent value that effects you to express your opinions 5. Tolerance- free speech helps to develop tolerance by exposing people to many opinions, ideas, and thoughts

Where does law come from?

1. People • a. who can propose or make a law? -Legislators/Congress/City Council -The People -President -Judges 2. Sources

Famous Free Speech People:

1. Richard Nixon-behind pentagon papers, 2. George Carlin- comedian that came up w/ the 7 words you can't say on TV; he was arrested after performing that monologue; can the fcc regulate obscenity, decency, and stuff on air waves 3. Paul Branzburg- reporter in Kentucky- protected surces in drug synthesizing article; do you as a reporter have the right to keep your sources anonymous-supreme court said no, 4. Larry Flynt- pornographer, arrested many times for obscenity in Hustler Magazine, and ruled correct in the supreme court 5. Frank Collin- national socialist party of America, announced plans to march in a jewish town wearing swastikas, and no one would take it except David Goldbereger, a jewish man; won the case in the supreme court-Collin ended up being jewish anyway 6. Fred Phelps- says god hates fags, and picketed the funeral of a fallen marine w/ his church group-case went to supreme court and he won and he picketed from a distance on a public sidewalk

9 structural biases

1. Visual Bias- the better video/picture gets preference-is the house fire ore important than the video cut? But it has better video clips; popular in all mediums 2. Expediency Bias- bias for the fastest info possible never ending competition, -Implications: •Authority of Title (authority in a story simply b/c of a title) vs. Authority of Experience (authority of the experienced person) -the experienced person doesn't have a secretary and less likely to check e-mail, so it is harder to reach them and they aren't heard -Labels: oCan you capture everything you need to understand a person's statements with a label like "liberal" or "conservative"? •Epic Label Fails; •Fundamentalist muslim -extremist •Conservative catholic •Moderate •Expert 3. Temporal Bias- bias toward the immediate and new 4. Fairness- reinforces political partisanship -Are there only two approaches to everything? -Can't we all just get along? Angel/Demon syndrome-anderson cooper between the angel and demon on air -Do both sides have equal weight? (we like to give equal weight to both camps, but do they both deserve it?) -Do you mislead the audience by doing that? 5. Commercial Bias- the news media are money making enterprises (meme of bill Clinton after a debate...) 6. Bad News Bias- this bias makes the world look more dangerous than it actually is (bad news bears in this country....) 7. Narrative Bias- news media cover 'stories' that must have beginnings, middles, and endings -(Mormon moment-romney) 8. Status Quo Bias- the news media believe 'the system works' 9. Glory Bias- journalists often assert themselves into the stories they cover -CNN's Sanjay Gupta is a medical doctor and treated a baby and other people on the streets of Haiti, but do you the report that?

O'Brien test; Court test to judge constitutionality of laws to be upheld

1. it futures an important or substantial government purpose 2. the government purpose is unrelated to the suppression of expression 3. the restriction is narrowly tailored to accomplish the substantial purpose

Society of Professional Journalists (SPJ) code of ethics

1. seek truth and report it 2. minimize harm 3. act independently 4. be accountable

Ethical Theory-

3 categories- Deontology-duties or rules Teleology- focuses on consequences Virtue- focuses on developmental of moral character

Hidden Cameras vs. Ethics

ABC vs. Food Lion: -ABC receives a tip about unsanitary practices in the meat department -Journalists got jobs at Food Lion and hid cameras in wigs while they worked -They recorded employees bleaching expired meat, disguising meat with barbecue sauce, repackaging expired meat with new expiration dates and using nail polish remover to remove dates Effects on Food Lion- -Stock price plummeted -Shareholder filed suit -Stopped planned expansion -Sued ABC for fraud (journalists lied on employment applications) and trespass (not allowed to be filming at food lion) trying to get around what it would take to prove a libel claim • 1. Mirky ethical stuff • 2. In journalism legal stuff; not true that what is illegal is always illegal in journalism -sympathy toward Food Lion- like 3 incidents/month of taping, and did the journalists create a story by egging on the workers to break rules -After many years and appeals, ultimately settled for $2

Public vs. Private Figures

Defamation requires falsehood (Zenger) -Also requires fault -Different standards of fault -Public figures (Sullivan) Elected officials, celebrities Have to show "actual malice" •Knowledge of falsity or reckless disregard for the truth •Private Figures (Gertz) -Average Joe -Have to show only negligence •Ex. Absence of Malice movie clip "Democracy is served" -Defamation Breakdown The paper's worried Paul Newman's character will sue them for defamation

The Big Four of Privacy Violations

Disclosure of private facts- •Publication of private facts that are; -Highly offensive to reasonable reader, -Not a matter of public concern •Publication must be widespread •Reasonable expectation of privacy •What's offensive? Medical and health issues, private letters, sexual relations... •Defenses: newsworthiness, consent (exception-Cohen vs. Cowles Media Co.) Intrusion and Trespass: •Trespass- invasion of property without consent -If asked to leave, you must leave! •Intrusion- offensive invasion of another's solitude, usually by technological means -Hidden cameras, recorders, shotgun mics -False pretenses: lying to get access (ABC vs. Food Lion) -The problem with recording conversation •Depends how you get info (Bartnicki) -A third party reported the information via a police scanner hacking a cell phone signal False Light: •Defendant has to show public statement-or "gist" of the statement- was false and would be highly offensive to a reasonable person •Need not be defamatory •Requires Actual Malice •Time, Inc. vs. Hill (1967) -Article in life mag about the experiences of the hill family held hostage in their house and a play written about it wrote in a very dramatic light. Life covered the play and wrote it as if the play was an actual account of what had happened to the Hill family. Court ruled that the Times writer would have to be proven to have written it under the pretense of actual malice. And it wasn't •Cantrell vs. Forest City Publishing Co. (1974) -A father had died in a bridge collapse and a reporter went to cover the aftermath and he went to their house and interviewed children, and the mom wasn't there but the kids let them in-she was not. But they wrote the story to make it appear that the mother was there. The family sued and won b/c he had written it in a false light and mislead his readers purposefully and the paper had to pay for it. Wasn't defamatory but was in a false context. Appropriation: •Using somebody's image without their consent for commercial gain •Implying that a person endorses your product •Press argues 'right of publicity' •Exception for newsworthy figures to sell news content (such as Joe Namath on the cover of Sports Illustrated) -Woody Allan and American Apparel took an image from Annie Hall and put in on a billboard and advertised it. He sued and American Apparel had to pay 5 mil for it. Can't use somebody's image without their permission b/c that person would be perceived to endorse that company even if he didn't.

Codes of Ethics:

Guiding principles about what a person occupying a certain role/profession should and shouldn't do -A code is like a "mission statement" May be idealistic, but vague Ex. Society of professional journalists •Is good, but could use more info-what the values of the profession are, but not how to enact them

No Independence?

IF you take independence out of the picture above, what happens to the rest of the structure? • IT CRUMBLES • The press cannot perform its functions if it is not independence, but having independence means there are responsibilities of journalists to

Objectivity=Neutrality?

Journalists aren't neutral about the truth They need to be engaged, not detached *Remember: -it's the method, NOT the person, that must be objective -truth-seeking doesn't have a point of view; it IS a point of view •Objectivity does not suck-it is a lofty goal, and as long as we attach it to the right noun, or seeking methods of reporting that are as objective as they can be, then it is good; don't attach it to a person or journalist and how they do their job

1964- NY Times vs. Sullivan-

L.V. Sullivan a public affairs commissioner of Montgomery, AL and also police commissioner and said the police there had committed civil injustices; did not say his name, but he sued the NY Times and said it was implied that b/c of his role he had either encouraged them or been lax w/ punishment-awarded him half a million dollars in the Alabama courts b/c he won-went to the supreme court; the judge made it easy for Sullivan to win and the judge was a supporter of the confederates  fear was that this would cause newspapers to think twice about publishing anything critical of southern officials; which keeps journalists from doing their jobs, especially during the civil rights movement  Constitutional guarantees require...a federal rule that prohibit a public official form revering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with "actual malice"

Defamations and Social Media:

NY Times Arts Beat; Courtney Love article -On twitter she called a designer a whore and convicted prostitute-she had to pay $400,000 to say 'sorry' for defamation to the designer

Goal of Journalistic Independence

Provide the public with the information it needs

4. Administrative Law-

Regulated Agencies; federal trade commissions pr and strat comm, federal elections commissions- many commissions located in the executive branch

Role-Related Responsibilities:

Special duties you have b/c of your voluntary professional or personal choices -Famous photograph from Nat. Geo of famine in Africa, of a child starving and the child died soon after- was within 100 yds. of a feeding center, but was too weak to get there, vulture right next to the child-photographer uncomfortable w/ it and eventually committed suicide. His duty as a photojournalist is to take the photo and not help the child-but he should have helped the child. -Grieving community members in Amish country-from book-walking the line between their customs, beliefs, and doing your job (amish don't like images of themselves) -To infringe on autonomy is to cause harm, but is there harm in not telling these stories or taking these pictures -Are you really making their lives better through reporting this story? -2 perfect duties at stake •people always assume you cover stories or do something is to make more money, gain more readers...not true

Obstacles to Independence-

Speed of the News Cycle •End up using sources that will answer the phone, easy to reach; not always the best sources, but reachable Economic Pressures •Don't always have time to check out what everybody says, if you don't have time you end up being a stenographer and just copying down he said/she said Push towards Partisanship •Partisanship of news networks and each with the politics

Viewpoint Discrimination

the government may prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable -ex. Revrand Fred Phelps and his crazy baptist church protesters

Objectivity=Fairness?

The problem of "on-the-other-hand-it is" •Be fair to both sides even if one side doesn't have any evidence to support it? That's like not taking a stand to say what's right (ex. Obama's birth certificate is produced or not-not both) •That means you are being unfair to the truth

Defenses against Libel:

Truth! Fair report -Usually applies to official meetings Privilege Opinion -If based on fact (Milkovich) Consent

Job=Role

That role is: • Powerful • Voluntarily taken on

Objectivity=Balance?

Which stinks more, balance or fairness? Balance! Same problem as fairness

Morality-

a code of conduct referring either to a description of how a group or society actually behaves (what norms and standards it follows), or to a more universal code of conduct that everyone should endorse

Plagiarism

a kind of intellectual theft, in which one passes off someone else's work and ideas as his own

Structural Bias-

a type of frame or approach, inherent to journalistic practice which favors certain kinds of news topics and presentations over others -Newswipe news clip critiquing human interest broadcast pieces and making fun of them and how ridiculous they are, point out things we don't think about •Journalists only have a certain number of story types that they write; rags to riches, evil politicians, evil business, etc. just plug info into a mold -Weather channel hurricane clip- can't report about a hurricane unless you're out there in the storm

2. Statutory Law-

all criminal laws must be statutory; you must be put on notice of what is or is not legal. "ignorance is no defense" address large social problems that effect many people- judges interpret language in statutes ex. unlawful to distribute a violent video game to minors... sketchy words; violent? Distribute? Video game? Minor?

Independence-

an essential component of journalism practice in which journalists are free to pursue truth with loyalty only to citizens and not particular interests, causes and other pressures, in mind •Independence is what gives our work value

Defamation

any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person

Defamation-

any intentional false communication, either written or spoken, that harms a persons reputation; decreases the respect; regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feeling against a person

6. Executive Orders-

can be ordered by the president. Ex. on obama's first day he repealed the transparency order on questionable releases from the bush administration

Objectivity-

commonly used to describe a person's alleged ability to completely detach form, and have no opinion or perspective on, a given issue. Because people can't really be objective, what we advocate here is seeing objectivity as a quality of the methods journalists employ in their work, not of the journalists themselves. •Billboard Gregg saw in Florida, saying Obama caused high gas prices-but they were that high when bush was in office too...get the facts straight. Do we have a right as a journalist to say I think you are misrepresenting the facts when a source says something inaccurate? The context is very important to providing facts. But you can lose credibility with certain audiences that agree with a viewpoint we say is false. One person's viewpoint is another person's bias-we try to deliver the best presentation of the truth, and there will always be someone saying we are biased.

Deontology-

do not judge an action by its consequences, but by how well the action conforms to the rules or duties (Kant)

Actual Malice

either knowledge of a defamatory statements falsity or a reckless disregard for the truth -public officials and famous must prove actual malice -normal people must only prove negligence

First Amendment

enshrined in the Bill of Rights- 45 words that free the press from government efforts to censor or punish that viewpoint and is about telling the government what it can and can't do positive liberty- gov. grants rights to people negative liberty-people tell gov. what it can/cant do

3. Constitutional Law-

first amendment and bill of rights-federal constitution and state constitutions all contain a law about free speech; to serve as a road map for gov't, responsibilities and right-bill of rights reserves the people's rights against the gov't ex. Middlebourough, MA-may not curse in public or fined $20 in the early 1970's last May they wanted to up the fine and enforce it

Prior Restraint

government prohibition of speech in advance of publication

Independent regulator-

has a law to make sure newspapers sign to it and adhere a panel of independent regulators so that there are laws and regulations o The police were letting the newspapers get away with bad things b/c the press was just that powerful -Hugh Grant • ***The press is so powerful and so independent that it can hold gov't to account and we can't have that-not really what he said, but kinda like that o what it really calls for is a body that can levy fines against news organizations and journalists-the panel would have no gov't on it and the news orgs would have to sign up to do be regulated and set up by the gov't o this is NOT independent

3. Justice-

if any person deserves something that you are in a position to give or bring about, then you are obligated to give it • In practice, this means focusing on what people deserve rather than what they demand

2. Gratitude-

if any person performs a favor for you, then you have some obligation to that person • In the professional realm, one example is between employer and employee; use source info w/ respect

5. Non-injury-

if you are in a position to avoid hurting someone, you are obliged to do so • contrasts with duty of beneficence • may be the most important of all duties BUT be careful not to focus only on outcomes

4. Beneficence-

if you can make some person better with respect to their existence, you are obliged to do so • philanthropy, volunteer work, etc.

6. Self-improvement-

if you can make yourself better with respect to your state of existence, you are obliged to do so • preserving your own integrity

1. Fidelity-

if you promise to do-or not do-something, then you are obligated to do it (or not do it) • Promises can be explicit or implicit • Includes the duty of reparation o If you have wronged someone, you are obliged to undo the wrong

Journalism Ethics

involve the kinds of situations in which something or someone gets in the way of a journalist being able to meet the letter and the spirit of that definition -refers to well-founded standards of right and wrong that prescribe what humans ought to do, in terms of right, obligations, benefits of society, fairness, or specific virtues and the feelings, laws, and social norms can deviate from what is ethical=necessary to constantly examine one's standards to ensure that they are reasonable and well-founded

Laws of General Applicability

journalists have no greater rights than those of the general public

1. Common Law-

judge-made law; inductive system that you arrive at laws after many cases 'let the decision stand' judges should look to the past to decide cases in the present; consistency, stability, etc. states use common law, federal uses statutory ex. Ohio judges hear cases on assault and grant money as reconciliation for the assault rather than jail time

Voluntary→ self-policing

o Are not licensed, and not forced to become something, it is a profession that polices themselves o Shared notion of what counts as ethical behavior among those in your profession, counting on peer pressure to be a policing and accountability agent to make people act ethically like they should

Consequentialism-

one may judge the rightness or wrongness of an action according to the consequences it produces.but must accurately predict outcomes and who will benefit from them

Radio Television Digital News Association (RTDNA) code of ethics

professional electronic journalists should operate as trustees of the public, seek the truth, report it fairly and with integrity and independence, and stand accountable for their actions

Sedition

sedition is the crime of revolting or inciting revolt against government. Under first amendment doctrine it is quite rare, but sedition remains in the US Criminal Code

Perfect and Imperfect Duties

some duties are perfect; and you MUST do them •Non-Injury imperfect duties are duties; you must TRY to do if you are in a position to do so PERFECT- must ALWAYS do • Fidelity • Non-injury • Reparation • Respect for persons • Formal justice IMPERFECT- must do WHEN YOU CAN • Beneficence • Gratitude • Distributive Justice • Honesty • Self-Improvement

Journalists' Creed

written in 1906 by Walter Williams, the founding dean of the University of Missouri J School "the supreme test of good journalism is the measure of its public service" accuracy, truthfulness, fairness, and independence-mission statement for journalism

Libel-

written or broadcast defamation, a false statement that damages a person's reputation

Independent Board?

• An independent self regulatory body should be governed by an independent Board. In order to ensure the independence of the body, the chair and members of the board must be appointed in a genuinely open, transparent and independent way, without any influence from industry or government. o Problems- one small group of people making regulation for a huge industry, it won't be fair, unbiased, or neutral and presents something that won't be attainable o NEED independent methods for this -In the 70's there was a voluntary press council in the US; those that were wronged by the press could go to them and hear the complaint and decide what the news org should do, couldn't levy a fine or anything like that, and news orgs didn't have to comply-very few participated in it

Libel Law

• Libel- a published untruth published by a party that harms another party's reputation • Seditious Libel- in English common-law it was anything said against the British monarchy/government and was punishable- if it was truthful and published it was even worse o John Peter Zinger- publisher in NY that was critical of the British governor at the time William Crosby and he was guilty of libel; said we couldn't be critical of the British gov't and then it created more tension between the colonies and England and was a factor to the Revolutionary War • Adams vs. Jefferson and made it illegal to publish anything bad about the president

How do I read law?

• Roy B. Wade, justice harry blackman, worked for a hospital system before; says he was persuaded because he knew a lot about the medical field and working with doctors; make sense of cases and frame them according to their life experiences • Framing facts what are the results I want to achieve, what is in my client's best interest?

The Speech Act:

• Securing the Protection of our Enduring and Established Constitutional Heritage Act (2010) • Act prohibits recovery on foreign defamation judgments unless they conform with the First Amendment • "The advent of the Internet and the international distribution of foreign media...create the danger that one country's unduly restrictive libel law will affect freedom of expression worldwide." -Ex. the case that was tried in Australia b/c Dow Jones published a story mentioning an Australian business man and could be read in Australia; sued Dow Jones for defamation b/c it could be accessed in Australia online even though published here -Ex. the British Parliament in the House of Lords is trying to reform their Libel Laws for the first time in a century

What is law?

•"a body of rules prescribed by a controlling authority." -Black's Law Dictionary •"A system of rules devised to meet social needs and to administer the relationships 1.among individuals, and 2. Between individuals and the government."- Law and the Media •Consistency; expectations people can count on-will be punished if you don't come through with promises

Journalists' Duties to Others:

•Philosopher W.D. Ross defined six areas or categories he believed everyone would recognize as morally binding -He called these "prima facie duties." We can think of them as almost "common sense" duties.