Journalism Best Practices (Part 7)
Fair and Unfair - Legal and Illegal
Reporters and researchers assigned to dig out facts before actually going into the field are frequently confronted with people who may be reluctant to talk to them. There are steady complaints from the public about being misled by reporters, producers or researchers. Best Practices, p 41
The next aspect of Av Westin’s ‘handbook’ for journalists (published 25 years ago) concerns a line that journalists should never cross. That line is between what’s fair and unfair, legal and illegal. Of all the professions I can think of, journalism should be the one most focused on being fair and legal in all its actions. Law Enforcement and the Judicial System also come to mind.
Westin, a long-time network news executive, recommended this ‘best practice’ for news managers —
Establish a policy that all personnel clearly identify themselves in the course of their work. They should be told to be as truthful as possible if asked what the story is going to be about. Best Practices, p 41
That is how news managers should expect their journalists to behave. Tell the truth. That means identifying yourself and being honest about what story you’re covering. Let the person you’re talking to know that they’re speaking with a news reporter. It also makes sense for journalists to let the person know whether their discussion is on or off the record. It’s unfair to use something someone said to a journalist without that person knowing what they were saying was going to be used in a news story. Just be honest with anyone you interview. That will go a long way toward rebuilding trust between the public and news media.
Sound bites
Westin interviewed dozens of journalists and news managers (including myself) in 1999 for the publication of his book in January 2000. Here are some ‘sound bites’ from people he interviewed —
“If we’re expecting somebody to tell us the truth, then we damn well better be telling them the truth.”
“On the other hand, there is omission. That’s my understanding of what is acceptable as opposed to downright lying.”
I vote for telling the truth rather than misleading or withholding information vital to understanding the journalistic process. The one exception might be ‘undercover investigative journalism’ which I’ve addressed in previous newsletters.
Privacy
Another aspect of rebuilding trust with the public is being aware of where you are when reporting a story and how to handle the issue of ‘trespassing’ —
Journalists are generally free to report and to show what can be seen in public places and in semi-public areas like hotel lobbies or the public areas of stores. However, the First Amendment is not a license to go anywhere. Even in privately owned places, which are generally open to the public, journalists can be barred or required by proprietor or owner to leave. Av Westin, Best Practices, p 41
The public takes notice of journalists who do not respect people’s privacy — including private property. Don’t cross that line. Demonstrate your respect for others.
What about ‘hidden’ cameras. Because I spent many years as an investigative journalist and managed investigative teams, I believe there are times when hidden cameras are appropriate. However, I recommend journalists discuss plans to use hidden cameras with their managers and company lawyers before using them. Here’s what Av West had to say about that 25 years ago —
Invasion of privacy through the use of hidden cameras is one of the most frequent complaints against television news producers. More specifically, public responses to polls about the fairness of TV news demonstrate that viewers question whether broadcast journalists have been prying into relatively unimportant, private matters. Best Practices, p 41
I keyed in to the last four words — “relatively unimportant, private matters.” Journalists should consider the ‘value’ of the video or audio they will obtain through hidden cameras. Is the story important or unimportant? If unimportant, why are you covering it? If important, cover the story the right way. Don’t include things you may see or hear that have no relevance or importance to the story you’re covering.
Here are three bullet points from Av Westin that you might want to remember as you cover stories with aspects of ‘privacy’ —
“The first question to be asked and answered by the reporter and producer is, “Is there an ‘expectation’ of privacy?”
“Remember that judges and juries ultimately can decide whether journalistic activity constitutes intrusion and is subject to sanction.”
“Stay in close touch with your company’s lawyer. You and your staff are probably not up to the minute on libel laws and invasion-of-privacy lawsuits. Nonetheless, be familiar with some of the legal underbrush.”
Three More Things
If you don’t have a copy of Av Westin’s handbook, Best Practices for Television Journalists, I invite you to make the investment. Keep it close at hand so you can refer to it often. Even though Westin wrote the book 25 years ago, his comments and those of the professionals he interviewed could go a long way toward returning journalism to what it should be today.
Four more things Westin addressed in Chapter 7 about The Line between fair and unfair, legal and illegal, are —
Ride alongs
Staging
Re-creation, re-enactment, illustration
Point-of-view footage
Each of these are important in making sure journalists are being fair to their audience and legal in their coverage.
Part 8
In the next part of this special series I’ll share about The Newscast. Here’s a ‘tease’ from Av Westin in January 2000 —
First, understand the challenges involved in getting a single evening news program on the air, and the even more brutal test faced by “24/7” news channels. There are no absolutes, and in the competitive and bottom-line-oriented environment of TV news, goals collide with extremely harsh reality. Practical solutions are seized upon simply to get the broadcast on the air.” Best Practices, p 53
Comments and Questions Welcome
I hope these thoughts are helpful to you. Please share your comments and questions and I will respond as quickly as I can. If you like what we’re doing in this newsletter, please let your friends know about it so they can subscribe.
Newsletter Purpose
The purpose of this newsletter is to help people who work in the fields of journalism, media, and communications find ways to do their jobs that are personally fulfilling and helpful to others. I also want to help news consumers know how to find news sources they can trust.
[The Real Journalism Newsletter is published every other Tuesday morning — unless there’s ‘breaking news!]
