The introductory lecture in a new series on journalism ethics for my postgrad course Journalism Law and Ethics at AUT University. Email me for more info.

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Journalism Law & Ethics
Welcome
Who we are
What are we doing?
Why are we doing it?
Who we are
Martin Hirst Allison Oosterman
At AUT since 2007 Teaching at AUT since
15 years as a print & 1999.
broadcast journalist in Many years as a
Australia journalist in Auckland.
Author: Taught at Otahuhu
Journalism Ethics: College for two years
Arguments & Cases Researching
Blogger: journalism history.
Ethical Martini
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What are we doing?
The principles of journalism ethics
A discussion of ethical dilemmas
Steps towards ethical decision-making
and problem solving
Enough media law to keep you out of
jail
An introduction to court reporting
How will we do it?
Lecture series Weekly two hour
Ethics till Easter tutorials/seminars/
The legal issues workshops
Court reporting – Arguments &
weeks 8-10 Cases
Reading
Media Law Test in
assignments
week 12
Online
debates/discussion
Why are we doing it?
News is about matters of public interest
Journalists have a responsibility to
society
With freedom of the media comes
accountability
Frameworks for ethical thinking apply
across most situations you will encounter
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Journalism = public service
A commitment to
democratic ideals
Giving a voice to
communities
even in the face of severe
Checks and
economic pressure, most balances
journalists remain convinced that
their news organizations are Accuracy, balance,
performing well in keeping their
readers, viewers and listeners fairness
informed, which is a key aspect
of public service
(Beame, et.al. 2009)
Reflection-in-action
The daily work of a journalist
is an ethical minefield:
Each interview is a social
interaction
There is a need for informed
The reflective journalistic
practitioner needs to be able to consent in some cases
test ideas against practical There is potential for harm
experience, be engaged with the
social context in which she or he There is an element of risk
operates, and have the ability to
There is an issue of respect
reflect upon dilemmas and make
crucial decisions in the midst of
practice.
(Richards 2005, p.155)
The public interest
Journalism holds a
mirror up to society
It must reflect the good
and the bad
The fourth estate model
holds that journalism
There can be no higher law in makes government
journalism than to tell the truth and accountable to the
to shame the devil - remain detached
from the great people
Walter Lippmann
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What is the public interest?
“The public interest is the only test that justifies
departure from the highest standards of journalism, and
includes:
detecting or exposing crime or serious misdemeanour;
detecting or exposing serious anti-social conduct;
protecting public health or safety;
preventing the public from being misled by some
statement or action of an individual;
detecting or exposing hypocrisy, falsehoods or double
standards of behaviour on the part of public figures or
institutions or in public institutions.”
(Fairness & Accuracy In Reporting, 2009)
Frameworks for ethics
A philosophical approach (meta-ethics)
Thinking about doing the right thing
The materialist approach
The dialectic in journalism
Political economy of ethics
A situational approach
What’s best under the circumstances
An applied approach (normative ethics)
Ethics codes, standards and rules
Decision-making in action
Philosophy & ethics
Aristotle’s “golden mean”
a middle ground between extremes
what causes the least harm
Virtue ethics
there is good and we must always do it
everyone should be virtuous
Utilitarianism
do what’s best for the most people
a good end (outcome) justifies the means
The social contract
what is necessary to keep society functioning
Rights-based ethics
everyone has inalienable rights
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Means, Ends & Consequences
Situational ethics is a teleological, or consequential theory, in that it is
concerned with the outcome or consequences of an action; the end, as
opposed to an action being intrinsically wrong such as in deontological
theories.
Teleology – everything is designed for a purpose
if the intrinsic purpose is good, the action is good
Deontology – the morality of an action based on the
action's adherence to a rule or rules
an action is governed by a duty to good or to a higher cause
Consequentialism – the consequences of a particular
action form the basis for moral judgment
the ethics of an action are determined by its outcomes
(un)Ethical Situations
Joseph Fletcher (1905–1991) was an
American professor who founded the Founded on Christian
theory of situational ethics in the 1960s,
and was a pioneer in the field of bioethics.
Fletcher was a leading academic involved
principles
in the topics of abortion, infanticide,
euthanasia, eugenics, and cloning.
Ordained as an Episcopal priest, he later
The only rule is
identified himself as an atheist. (Wikipedia)
absolute,
unconditional love
SITUATIONAL ETHICS
decision-making should be based Can also be used in a
upon the circumstances of a
particular situation, and not upon
materialist context
fixed Law
In the case of situational ethics, the
ends can justify the means.
Applying ethical thinking
Applies ethical thinking
to practical problems
In journalism this
covers
sources
dubious methods
Applied ethics is the branch
of ethics which consists of daily actions
the analysis of specific,
controversial moral issues consequences
such as abortion, animal
rights, or euthanasia.
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Ethics and materialism
Being determines consciousness
Material relations exist between
people and nature
Social relations exist between
people and people
Social relations also exist between
people, structures and institutions
Ethical fault lines in Social relations contain unequal
journalism are not just a distributions of power
clash of ideas – freedom
versus responsibility – Our emotional attitudes are
but also a clash of social determined in the real world
forces – ideas embodied
in material things
Ethical Dialectics
An ongoing process of
contradiction and resolution
Ideas and ideals clash
People,, institutions &
structures are in tension
Thesis-antithesis-synthesis
The key contradiction in the Paradoxes abound in
news media is between the journalism…and that is
commodity form of news
and the public interest
good (Merrill)
function of journalism
(Hirst & Patching, 2007, p.6)
The movement of the dialectic
Ideas and social forces are A thesis is
in constant motion challenged by its
opposite
– a moment of balance is Thesis (antinome or
not stasis –
action action antithesis)
there is constant
disequilibrium The struggle is
momentarily
Change is Synthesis Antithesis resolved, but
caused by the Merrill talks of a then erupts
actions of “triadic movement” again
people – the dialectic in
reacting to journalism Each new
the world action action thesis
around them (synthesis) is
challenged in
Institutions and
turn
structures Antithesis Synthesis
contain
action
competing social
forces
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A dialectic in motion 1st
Amendment
News 2.0 C18th : French
Paywalls and American
Freedom of the
Legislation revolutions press
Advertising grows in C19th
Newspaper
owners seek
Autocratic press power
Blogs and social
media Fourth Estate
Web 2.0 C20th
1990s Watergate -
Rathergate - Dissatisfaction 1972 Rise of
2004 with corporate corporate
WMDs media media
Citizen Industrial
Start of 21st Journalism
Century
Journalism action
Digital Revolution Drudge Report Responsible journalism
& codes of ethics
The ethico-legal paradox
The law proscribes right and wrong
behaviours
Ethics is a guide to doing the right
thing
In some situations law and ethics
contradict one another
Ethico-legal paradox - sources
Codes of ethics usually contain a
clause relating to source-confidentiality
Legally, a judge can potentially*
require a reporter to name sources in
court proceedings
What should a journalist do?
What would you do?
* See Evidence Act for current legal situation regarding source
confidentiality
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A fault line in journalism ethics
We need public interest journalism now, more
than ever…BUT
Global news media is in crisis
A crisis of profitability and investment
A crisis of trust and confidence
Journalists are under pressure to work harder
(more stories) and faster (deadlines)
Less time for investigation, less time for ethics
More chance of conflict and dilemma
SDL – your responsibility
BCS P/G Dip
Hirst & Patching Hirst & Patching
(2007) Ch. 1 (2007) Ch. 1
Join the AUT Beam, et.al. (2009)
Online discussion Sign up for Values
forum Exchange and
learn how to use it
Everyone: check the handbook, get a copy of
the Burrows pamphlet, check AUT Online,
make a note of assessments and class
schedules
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