Media Law & Ethics

Defining Ethics (Plaisance)

a form of inquiry concerned with the process of finding rational justifications for our actions when the values that we hold come into conflict. 

• Ethics does not equality morality. 

• Right vs. goodness

Defining Ethics (Ward)

the analysis, evaluation, and promotion of correct conduct and /or good character, according to the best available standards

Desirable decisions

legal/ethical, legal, ethical

Undesirable decisions

unethical, illegal, illegal/unethical

Potter box for ethical decision making

• definitions/facts

• values

• principles

• loyalties

Definitions/facts (Potter Box)

what’s the problem that we want to solve, situation, ethical dilemma.

values (Potter box)

priorities, most important factor

principles (Potter box)

 identifying competing principles

loyalties (Potter Box)

who will be effected and different parties

ethical news values

• accuracy

• confirmation

• tenacity

• dignity

• reciprocity

• sufficiency

• equity

• community

• diversity

accuracy (ethical news values)

use correct facts, the right words, put things in context

confirmation (ethical news values)

Stories must withstand scrutiny inside  and outside the newsroom

tenacity (ethical news values)

Know when a story is important enough to require additional effort (personal as well as institutional)

dignity (ethical news values)

Leave the subject of the story with as much self-respect as possible

reciprocity (ethical news values)

Treat others as you wish to be treated

sufficiency (ethical news values)

Allocate adequate resources to important issues

equity (ethical news values)

• Seek justice for all involved in controversial issues

• Treat all sources and subjects equally

community (ethical news values)

Value social cohesion

diversity

Cover all segments of an audience fairly and adequately

John Rawls & Justice

• Veil of ignorance

• Stakeholders’ original biases or positions are hidden behind a veil during negotiations/deliberations

Aristotle & Virtue

• Virtue ethics

• What kind of persons are we, and what kind of persona do we wish to become

• Virtues

• Golden mean

• Moral virtue lies somewhere between the extremes of deficiency and excess

SPJ Code of Ethics

• Seek the truth and report it

• Minimize harm

• Act independently 

• Be accountable and transparent

Teleology

ends-based utilities, focus on desired ends or consequences

Deontology

rules-based ethics, focus on moral duties

Jeremy Bentham

Hedonic calculus- greatest happiness for the greatest number, while preventing unnecessary pain

Bentham and mass media

• Seeking utility requires open debate using mass media that is fair and not manipulative (or manipulated)

• Ask the media to consider the widespread and long-term benefits of their “product” (content?) on others and on society

John Stuart Mill

• Extended bentham*

• Recognize that some benefits are better than others, some harms more painful than others

• Aggregate good

• Benefits for all the stakeholders who might be affected by the decision

• Decisions should be objective and impartial

William Frankerna

• Theory of obligation- recognizes a principle of justice to guide the distribution of good and evil

• Principle of beneficence

• Frankena’s four obligations

Immanuel Kant

• Categorical imperative: moral law

• maxims/rules (like those in codes of ethics)

• Hypothetical imperative vs. categorical imperative

• - Act to treat humanity as an ends and never only as mean

Bernard Gert

• Moral rules cause us not to cause evil for anyone, they do not require us to promote the general good

• Ten moral rules (-.366)

• 1st:5- evils that rational people try to avoid

• 2nd 5- truth telling, keeping our promises

WD Ross

• Role-related duties- what does it mean to be a good student

• What does it mean to be a good person? What makes right acts right?- 

• Prima facie duties- p.371

• Right actions vs. good actions- right actions (good duties

Carol Gilligan

• Ethics of care 

•  Takes into consideration the needs of others as well as their circumstances

• Need to consider not only justice, fairness, equality, but also care, relationships and maintaining community

How do we balance speech/press with protecting it in order to make sure my speech/press is protected?

• Absolutism (everything is protected). Congress shall make no law. 

• Time, place, and manner

Watchdog role of the press/news media

• Role- investigate and report on government overreach & wrongdoing

• Hold those in power accountable for their actions

Lap dog

• Serve those in power rather than hold accountable

• Cheerleader role, no attempt to be objective

Guard dog

• News media protects particular political/economic elites (not citizens)

• If they attach someone in power, it is the individual, not the system

What is the writ of cert

A petition to ask the court to hear a case

Rule of 4

at least 4 justices want to hear the case

Loyalty/duty to whom

• What duties do I have, and to whom do I owe them

• -Who will be influenced by my decision

• -Which people do I feel especially obligated to support

Long & NPPA issues

• In the age of social media, what constitutes a published photo

• When should photographers put down their cameras and help

• Should news photographers provide unpublished photos to law enforcement 

• Experience covering a protest at a nuclear reactor in NH

Ethics: shaped/determined by:

• Codes of ethics

• -SPJ, NAB, AAF, PRSA

• Individual judgements- religious, personal, values of your own life. Those individual judgements and conflict with the code of ethics

• Law- some cases that are illegal, and some may see it as ethical.