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We must have empathy for people involved in ethical dilemmas.
Maintaining social trust is a fundamental goal. |
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First, consult your own conscience. How do YOU feel about the action?
Second, seek expert advice for alternatives to the act creating the ethical quandary.
Third, conduct a public discussion (if possible) with the other parties involved … even if it is a hypothetical conversation. |
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| a virtuous act usually stands between two vices. |
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| Kant’s Categorical Imperative |
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| Never make any rule that you are not willing to universalize. That is, act only in ways that you could wish everyone (or everyone in your profession) to act. |
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| Take no action that you would not be willing to justify on the nightly news. |
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The decision you make should seek to provide the greatest happiness for the greatness number of people.
Essentially your decision will benefit the most and harm the least. |
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What if you are part of the minority?
(Utilitarian thought can be used to justify morally corrupt decisions such as segregation and racism.) |
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| Pluralistic Theory of Value |
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| Pluralistic Theory of Value |
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| Often times more than one ethical value simultaneously competes for preeminence in our ethical decision making. |
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| Those that seem to be right because of the nature of the act itself. |
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| Arriving here from among the prima facie duties requires what Ross calls “morally relevant differences.” |
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| Social justice is the predominant moral value |
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| Taught by Socrates, taught Aristotle. |
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Is there a truth? Maybe …
Persuasion and rhetoric are good.
Travel helps to enlighten a person. |
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Truth can be discovered.
Persuasion and rhetoric are bad.
Learning from Plato is good enough. |
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| The “world outside and the pictures in our heads.” |
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| The five basic freedoms of the First Amendment |
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Freedom of religion
Freedom of speech
Freedom of the press
Freedom of assembly
Freedom to petition the government |
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that the government cannot force you to follow one religion.
(Private institutions can) |
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| This is your liberty to speak and express your opinions as you wish without fear of reprisal from the government. |
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| Limitations to freedom of speech |
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You do not have the right to provoke a riot.
You cannot write in a way that leads to criminal activity or organize an effort to overthrow the government.
You cannot spread lies that harm a person’s reputation or ability to earn a living.
You cannot interfere with the rights of others. |
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| Spreading lies about a person via the spoken word. |
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| Spreading lies about a person via the printed word or statements that are broadcasted |
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This includes books, newspapers, magazines, radio, television and the Internet.
The government cannot censor the media.
It cannot ban printed materials or films simply because they include what might be considered offensive material or ideas. |
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| This protects your right to gather in a group and protest … as long as the protest is peaceful. |
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| This protects your right to express your ideas to the government |
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| definite rules of human conduct with appropriate sanctions for their enforcement |
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| These are very basic laws established at various levels of government: Congress, state legislatures and town councils |
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| These laws are set up in the constitutions of each state and define how those states will run. |
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| These are the laws set forth by judges in their rulings |
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| This often mitigates common law. Example: A temporary restraining order. |
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| Presidents, governors and mayors are granted through various constitutions and charters certain powers. |
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| Bodies such as the FCC or FTC set up rules that must be followed by individuals and organizations. |
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| This is the accused in a criminal case or the person being sued in a civil case. |
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| The party bring suit in a civil case. |
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| This is an investigative body. It’s not a traditional jury. Usually 16 members. They meet behind closed doors to hear evidence. |
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| Other wrongs that are not crimes |
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Result in a person’s respect, esteem or goodwill being lowered in the community.
Can imply a person committed a crime when they did not.
Can result in people having negative feelings toward, or making derogatory statements about, others.
Deprive a person of making a living.
Damage a person’s credit. |
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The statement was false.
The statement was defamatory or harmful.
Publication.
The person is identified clearly.
Malice or negligence by the reporter. |
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TRUTH
CONSENT
PRIVILEGE
FAIR COMMENT & CRITICISM |
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| If you learn the published material is incorrect, correct it or retract it as soon as possible. |
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A person achieves balance only when his/her attitudes, information and actions are in harmony.
When a message and action give conflicting signals, we experience a sense of imbalance, and we often will take action to restore that balance |
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T = Truthfulness
A = Authenticity
R = Respect
E = Equity
S = Socially responsible |
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| Are the claims, both verbal and visual, truthful? |
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| Do the right thing with the right attitude. Be sincere. |
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| Respect the person who will receive the message. The notion of community is embedded |
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| Is the recipient of the message on the same, level playing field as the ad’s creator? |
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| The most difficult element because audiences tend to be so broad and diverse. |
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| New York Times v. Sullivan |
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Landmark U.S. Supreme Court case that established the ACTUAL MALICE standard.
Following this case, the actual malice standard had to be met by PUBLIC OFFICIALS who felt they had been defamed or libeled by a published report. |
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| Must be proven by the plaintiff in libel cases containing public figures. |
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| the publication had to KNOW what they were publishing was false and recklessly proceeded anyway. |
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Asserts that God does not have to be the focus of loyalty and people can have competing loyalties.
(loyalty is a social act) |
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| will almost always win out in a battle with loyalty for another human being |
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Be loyal.
loyalty is an act of choice, can be learned and honed |
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First, loyalty (if incompletely conceived) can be bias or prejudice.
Second, few of us maintain a single loyalty. Competition between loyalties is common.
Third, mass society has diminished the notion of face-to-face loyalty.
Fourth, can an ethical person be loyal to an unethical cause? |
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| Dr. Ralph Potter of the Harvard Divinity School |
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1. Definition
2. Values
3. Principles
4. Loyalties
(Moving counter-clockwise) |
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TRUTH/truth
facts and information
journalistic news
PR copy
editorials/columns
advertising copy
propaganda
Parables and allegories
fiction
honest error
deceit
“white lies”
BLATANT LIES |
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Pesticide Factory in India killed thousands of people after an accident.
The CEO claimed corporate espionage. |
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Someone broke into several bottles of Tylenol, and killed 7.
Tylenol made no excuses, claimed they were attacked, and started making tamper-proof bottles after a total recall. |
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If you report news, you will deal with them.
A symbiotic relationship |
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| Hazards of Confidential Sources. |
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1: Breaking a promise
2: You may be compelled to reveal sources
3: Contempt of court |
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A power of all judges.
Meant to protect the rights of litigants (to compel testimony, get evidence, etc.)
Also meant to protect the court’s power and prestige. |
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| These are legal documents requiring you to do something |
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| This is the general term for laws that allow journalists to refuse to testify under certain circumstances. |
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There is no federal shield law.
they only protect journalists – not the general public |
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| How do you minimize the hazards of confidential sources? |
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1. Find out your news organization’s (and your boss’s) policies on confidential sources.
2. Don’t be quick to offer confidentiality.
3. If you must promise confidentiality, try to get the source to agree that you can reveal the identity if you are legally compelled to do so.
4. Treat confidential information as a starting point, not the final product, of reporting. |
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| Things to Remember about Confidentiality. |
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An interview is on the record unless the reporter has already agreed that it isn’t.
If an interviewee reveals something to a reporter, then asks for confidentiality or anonymity about it, the reporter has no obligation to grant it retroactively.
If ordered by a judge to reveal sources, and you don't, the court will assume you made the story up. |
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1. Yourself
2. Spouse/Roommates
3. Family/Friends/Confidants
4. Acquaintances
5. General Public |
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| the freedom to control your circles of intimacy |
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| intentionally blocking information to prevent others from learning of or using that information |
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provides the hypothetical chance to walk in the shoes of those involved in the ethical dilemma.
It is very much like Bok’s ethical model.
If used properly, Rawls suggests that two values should emerge: Individual liberty is maximized; weaker parties are protected. |
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| Treasurer Charged with taking kickbacks killed himself on national television. |
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using somebody’s name or likeness
… without their permission
… for commercial purposes
(but not for news purposes) |
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intruding on somebody’s seclusion or privacy…
… physically or otherwise. |
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| Electronic Communications Privacy Act |
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makes it illegal to
… intentionally intercept cell phone calls.
… disclose or air content of a call if you have reason to believe it was intercepted. |
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| Children’s Online Privacy Protection Act |
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| limits the information that websites targeting children can collect |
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| Publication of private information (PPI) |
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It is illegal to publicize private information about a person if the matter publicized would be
… highly offensive to a reasonable person
… and not of public concern or interest. |
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| Sipple v. Chronicle Publishing |
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San Francisco Chronicle column afterward said Ford never publicly thanked Sipple because Sipple was a homosexual.
Sipple sued the newspaper for PPI.
Sipple lost (1984) in part because he had been quite open about his homosexuality. |
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It is illegal to publish material that puts someone in a false light if
… the false light would be offensive to a reasonable person, and
… the publisher of the material was at fault. |
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Both involve publicizing something derogatory about someone.
With false-light, however, the plaintiff does not need to show that her or his reputation was actually harmed.
The plaintiff need only show:
… something false was published
… this caused embarrassment or humiliation |
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