Media Law & Ethics - Lecture 7, 26/02/14

Codes of practice and ethics;

A system of regulation that sits beside the law which we as journalists must also be aware of, these codes are essential to us as they guide us through any ethical issues we may be unsure about.

• OFCOM is an independent licensing authority that regulates what can or can’t be broadcasted on television.
• PCC is a regulating body for the press; it focuses on newspapers and magazines.
• The codebook for the BBC is the editorial guidelines. This is for the BBC staff and licence payers.
• NUJ is a code of conduct.

How far can we go to get a story?

The crucial test we should set ourselves is to consider if the story is in the public’s interest. For example if a child dies on a train track as they have crawled through a hole in a fence then this will be in the public’s interest as they will want action taken to prevent any incidents like this happening again, however you must respect the privacy of the bereaved.

Are you breaking the law? You must consider all the codes to make sure you are not overstepping the mark. Anything like secret recording and bugging is allowed as long as it is in the public’s interest. It cannot be deliberately intrusive and not of any benefit to the public.

The PCC;

Everything to do with the traditional print and written word is in complete upheaval at the moment due to huge turmoil and debate within this area. The cause of this crisis was the huge scandal of phone hacking that came to light when The News of the World was found guilty of doing this; the ongoing trial of Rebecca Brooks is relevant to phone hacking.

This has changed the culture of journalism and has effectively put us in the spotlight to discuss ethics within the press.

Who guards the guardians?

The press groups argue that we are here to be controlled by somebody. We should not have to apply for a license to write something.

The newspaper regulation is in limbo, a group of papers want their own regulator so have set up a body called IPSO which stands for the independent press standards organisation.

The PCC does still exist and is still being used but is on the brink of being swept away. The continuing row initially began when the government wanted a royal charter; a statue regulation. For the papers this was too much of a state intervention and affected the freedom of the press.

The PCC failed to highlight the issues of phone hacking which were being carried out whilst the regulating body was in operation and this is evidently why it failed. The problem with the PCC is it is a self-regulator. This argument is very similar to who polices the police.  

The written press are still in a state of change in terms of who is their regulator; this will be one to watch in the upcoming months.

Why must we behave ethically?

As a journalist, our motive for behaving ethically when dealing with members of the public is to represent the organisation you work for in a positive way as well as keeping your reputation in tact so individuals will trust you. If you treat people properly and with the right respect, in return they will trust you and are more likely to give you a better quote or comment for your story. 

“It is important to put yourself in the shoes of someone else” being ethically sound and behaving well with the public will help you and your reputation as a journalist.

Examples of ethical transgressions;

• BBC one boss, Peter Fincham resigned after an investigation into footage that misrepresented the Queen. A documentary trailer was edited out of sequence and Mr Fincham wrongly told the press it showed the Queen walking out of a photo session ‘in a huff’.
• Sachsgate – BBC fined £150,000 over Russell Brand and Jonathon Ross’s phone prank scandal. Offensive messages left on Andrew Sachs voicemail. This effectively ended Jonathon Ross’s career at the BBC.
• Kelvin McKenzie, former editor of the sun who basically libelled an entire city over the Hillsborough events. Channel 4 reporters door stepped him as they knew he would be fair game as McKenzie had previously been acting in the same way.

Purposes;

• The law is specific and limited
• Codes provide a benchmark for behaviour, these when calibrated with our own ethical morals should keep us as journalists on the right side of the law.
• Reassure our audiences which build trusts.

Key areas;

• Ethical behaviour
•  Fair treatment- respect for privacy
• Requirement for accuracy and impartiality

We are often accused of sanitising the news as we don’t show the true horror and reality of some of the situations often broadcasted such as the aftermaths of war or suicide bombings. Under the harm and offense section of OFCOM we have to consider younger viewers and what may or may not be appropriate for them to watch.

A recent example was the footage shown of Lee Rigby who was murdered by two men; there were images of the men covered in blood and carrying knives with the body of Lee Rigby lying in the road. If this is to be broadcasted at 06.00pm then a warning must be used before the footage is shown.

OFCOM does however use the water shed hour that begins at 09.00pm which is used as a convention that will allow broadcasters to show more explicit images, language, subject matters and footage.

Impartiality;

• Requirement for broadcasters
• NOT for newspapers – hence The Sun and The Mail being allowed to print biased headlines.
• Absence of bias or preconception
• Considers ‘axis of debate’