Journalists... What Sneaky Bastards!

This is the opinion of many people... but it's not necessarily the case. There are strict laws and regulations put in place to stop journalists being sneaky little bastards.

Printed journalism, i.e. newspapers and magazines is regulated by PCC, The Press Complaints Commission. This organisation was created by the industry to self regulated and raise journalistic standards by administering the Editors' Code of Practice.

Broadcast journalism, i.e. radio and television, is regulated by Ofcom, the Office of Communications. Ofcom is an independent regulator and deals with most complaints against broadcast journalists.

Both of these are in place so that the majority of journalists are well behaved and respectful.

You may be shocked by this - there are actually rules! The thing is, whilst most journalist adhere to the rules, you don't hear about it. Rupert Murdoch and his homies have given journalism a bad name with there unethical manner and quite frankly, disgusting behaviour. The industry has been shamed but there is hope, laws and regulations are in place and are strict.


PRINTED JOURNALISM

There is a slim line between having laws and maintaining the right of free speech and free will. There in no law in the UK on who can own or run a magazine, newspaper or website - they are free to have opinions on politics and public affairs. They are also free to criticise those in the news or anyone else - but not restraint from libel laws and other laws.

The Editors Code has 16 clauses setting out ethical standards on;

• Accuracy & opportunity for people to respond to inaccuracies
• Privacy
• Harassment
• Intrusion into grief and shock
• Excessive detail covering suicides
• The welfare of children subject to journalism
• Anonymity for victims of sexual assault & children in sex cases
• Crime reporting
• Making enquires at hospitals
• Secret filming and recording
• Using subterfuge or misrepresentation

The code also bans pejorative material which discriminates on the ground of gender, race, religion, disability or sexual orientation.

Although breaching the Editors' Code isn't a criminal offence or a civil tort, following it is a pretty wise idea for journalists that don't fancy ending up in court any time soon.

Certain exceptions may be made if the code is breached if it was 'in the public interest'. This includes detecting of exposing serious crime or impropriety, protecting the public health and safety and preventing the public being misled by an action or statement by an individual or an organisation, as well as other things. In order to do the above, a journalist may need to deceive people about being a journalist and by undercover reporting.

Now onto the subject that everyone has heard about, recording phone calls and phone hacking. Many journalists, particularly those involved in investigative journalism, may want to record their own phone calls whether it be an interview or if it is wanted for proof if the matter ever goes to court. It is legal in the UK for any one party in a phone call to record it, even if the other party is unaware. If a journalist in a phone call purposely misleads or lies about being a journalist breaches the code and could be in big trouble. Incepting a phone call - using external technology to hack into another's phone conversation or answering machine - in practically all circumstances would breach the code and most likely, the law.

The News Of The World was full of sneaky bastard journalists that thought it was super duper to hack into phone calls and messages - which not only shamed the industry but has made it likely for the PCC to be reformed or replaced after an official enquiry into press ethics.

BROADCAST JOURNALISM

In the UK commercial broadcasters - those funded by advertising revenue - are regulated in terms of ownership and journalistic output. Broadcast organisations and journalists must be impartial about politics when reporting news. They must be accurate, treat people fairly, respectful and try not to cause offence or harm. If any journalist or broadcast organisation does not adhere to the rules, OFCOM can impose a substantial fines.

CASE STUDY - Source: McNae's Essential Law For Journalists - Mark Hanna and Mike Dodd

The highest regulatory fine imposed for unethical broadcast journalism is £2 million paid by Central Independent Television, part of the ITV Network, after a 1998 Independent Television Commission ruling that scenes in The Connection - a documentary which claimed to show a new heroin smuggling route from Columbia to the UK - were fabricated. The ITC said it was a 'wholesale breach' of the trust viewers placed in the programme makers. The Connection had won awards before its authenticity was questioned in an investigation published by The Guardian newspaper, which led to the ITC's findings. (ITC press release and The Guardian, December 18, 1998).

Ofcom has various rules for broadcasters including;

• Not broadcasting material that may 'seriously impair the physical, mental or moral development of people under 18' before the 9pm watershed.
• Protecting children involved in programmes and taking due care over 'the physical and emotion welfare and dignity' of children who take part or are otherwise involved in programmes, irrespective of any consent they, their parents or guardians may give.
• Material likely to cause offence must be justified by context, and appropriate information should be broadcast where it would help avoid or minimise offence.
• Programmes should not include material which, taking into account the context, condones or glamorises violent, dangerous or seriously anti-social behaviour and is likely to encourage others to copy it.
• Broadcasters must take precautions to avoid harm to viewers who have photosensitive epilepsy.
• No payment or promise of payment, directly or indirectly, to 'convicted or confessed' criminals for a programme contribution by the criminal relating to his/her crime, unless doing so is in the public interest.
• No offering of payments to witnesses or anyone who may be reasonably expected to be called as a witness in active criminal cases.
• Views and beliefs of those belonging to a particular religion or religious denomination must not be subject to abusive treatment.
• News, in whatever form, must be reported with due accuracy and presented with due impartiality.
• Presenters and reporters of 'personal view' programmes may express their opinions and thoughts on a topical issue but must fairly present the other opinion/the other side of the story.
• Broadcasters must avoid unjust or unfair treatment of individuals or organisations in programmes.
• Secret filming and recording should not be used without those being recorded's consent unless it is in the public interest.
• The location of a person's home or family should not be disclosed without consent.

There are various other in depth codes of practise within Ofcom, all this can be read up on the Ofcom website.

You may think all journalists are sneaky bastard, and there certainly are some, but the industry as a whole is not corrupt and still has many laws and code in order to keep the quality of journalism high.