COMM 431/631, Communication
Ethics
Instructor: Ross Collins
Lecture synopses
Synopsis One: Ethical
systems
So far our introduction to media ethics covered a general discussion about the
concept of teaching ethics, as well as an cursory investigation into a variety
of ethics philosophies. In a world where everyone has a right to his or
her own opinion, where whats right for many people depends
only on culture and personal choice, can we really teach ethical reasoning for
media people? Ethical relativism, as the Im OK, youre OK
approach is called, tends to ignore the reasoning behind ethical decisions,
however. In short, while everyone has the right to his opinion, every opinion
is not equal--opinions need to be critically evaluated. Thats what this
course is all about: not indoctrination, but critical evaluation. The ethical
decisions you make wont be right or wrong, as long as theyre made
rationally and critically.
The idea of ethics in journalism is not so old; newspapers through much of the
last century had no concept of, say, fairness, and the U.S. Constitution does
not require objectivity from our newsmakers.
As for ethical systems, you can basically divide more than two thousand years
of ethics into three categories: deontological (duty-based), teleological (consequence-based)
and virtue-based. Duty-based, or non-consequential theories emphasize following
a duty no matter what the consequences. Kants categorical imperative is
the most common example, but the six prima facie duties of W.D.
Ross.
Jeremy Bentham and John Stuart Mill, on the other hand, advocated utilitarianism,
making moral choices based on the greatest good for the greatest number. Or
as a reflection of that, Mills Harm Principle, minimizing
harm as much as possible.
Virtue-based theories emphasizes not on what we do, but on what we are, that
is, our own moral qualities. The Judeo-Christian moral code, love your neighbor
as yourself, emphasizes moral decisions based on respect for a person as a person,
and not only as a means to and end. Aristotles Golden Mean suggested decisions
based on a sort of compromise between extremes, and John Rawls asks us to take
an original position under a sort of veil of ignorance, making decisions
without prejudicial factors such as age, race or wealth.
Perhaps apart from these headings is ethical egoism advising, simply, look
out for number one. Related to this is Bertrand Russells and John Deweys
progressivism, emphasizing situational ethics: whats right
for you may not be whats right for me, so well judge ad hoc, case-by-case,
without a basis in moral philosophy. This is similar to ethical relativism,
popular nowadays, but based on no ethical standards.
Possible discussion question: Which of these ethical approaches remind you of
ethical instruction you may have received as a child, at home, in school, in
church, or from others? What was the situation?
Synopsis Two: Making
ethical decisions
How, specifically, can we reason our way to an ethical decision? One way is
the SAD formula, Situation definition, Analysis and application of moral theories,
and Decision or ethical judgment. Using this formula we begin by specifically
stating the ethical question were facing, bring all our knowledge to bear
on its answer, and make and defend our decision. We accept the role of our emotions
in that decision, but dont let our feelings dominate. While this formula
offers the virtue of simplicity, it does not offer a very specific guide through
all the questions we need to face before making our decision.
A perhaps more helpful formula has been designed by Thomas H. Bivens of the
University of Oregon. This is the worksheet well use for this class; for
a copy see the class web site resources page.
Possible discussion question: of the three categories of ethical philosophies
we discussed in class, which do you think most closely matches ethical decisions
made be journalists? Why?
Synopsis Three: Truth
The world has long sought after truth as an essential requirement in law and
society. As early as 1750 B.C. the famous Code of Hammurabi declared that those
who lied in court could be executed. American law nearly 4,000 years later still
requires us to tell the whole truth and nothing but, and marbled
throughout our culture are examples of the importance we place on truth.
Nevertheless, we know people often lie. Sometimes it is an actual falsehood.
If I say you will get an A in class for writing a good evaluation, when I actually
plan to give you a C, Im intentionally misleading you for my own ends.
Deception, on the other hand, may be an actual lie, or may instead mislead you
by insinuation, gesture, silence, or withholding certain facts. In media ethics,
we probably deal more often with deception.
Louis Day said truth was fundamental in society as well as media for three reasons:
one, lying undermines individual autonomy, distorting their freedom of choose;
two, lying puts others at a competitive disadvantage, that is treating them
as a means to an end; three, lying distorts trust in a person or organization.
Of course, making a choice in real life is not so easy. For instance, if a reporter
wears a lab coat and hangs around a hospitals emergency room for an investigation
of medical malfeasance, is that justified deception? Some ethicists have said
a Kantian compelling reason test ought be to used to decide: the
reasons for the deception must be important, the decision to deceive must be
made for humanitarian reasons, and the arguments in favor of deception must
far outweigh arguments against.
The ethics of deception, too, change depending on the kind of media operation
you are in. Journalists must uphold standards of fairness, for instance, while
advertising and public relations people are expected to be biased. Still, a
threshold of truth seems to be essential to any media industry interested in
staying ethical and credible.
Synopsis Four: Power
and ethics
Journalists often defend their decisions to publish controversial material by
claiming their First Amendment right to publish. People who believe the media
ought to be less aggressive and more passive, however, note that in exercising
that right journalists can provoke suicides, breakdowns, and destruction of
privacy. Journalist rights, or references to news values as a defense for publication,
dont convince very well.
Perhaps, however, journalists ought to re-frame their publishing decisions under
a the ideal of obligations. If we believe that information is power, than the
media are in the information redistribution business--from those who have it
to those who dont. If those who have the information keep those who dont
in the dark, they can make decisions unfettered by outside controls. However,
the marketplace of ideas concept suggests that these decision-makers, like everyone,
may be fallible, and make mistakes. If many people know the information, and
contribute to a decision, a more reliable decision may be possible.
Journalists are criticized, then, for taking power from those who want to keep
it, and giving it to those who dont have it. For instance, if the public
doesnt know about birth defects in an area of possible water pollutants,
authorities and businesses responsible for the pollution can investigate the
matter at their leisure--or not investigate at all. But when the information
is made available to the public, authorities are put under pressure to take
action. Some of their power to choose is taken away, and given to those who
were powerless through ignorance.
It is not so much the right to publish or broadcast that is in dispute, then,
as it is the wisdom of decisions which shift the power of information from one
group to another.
Question: Can you think of a time when you felt empowered by information given
you that you had been unaware of?
Synopsis Five: Privacy
Privacy means the right to be left alone, but it collides with the media business,
which generally involves NOT leaving people alone. The right to privacy, however,
is a modern concept--it was hardly considered necessary in early rural America,
and not until the growth of great industrial cities and mass media did it become
truly interesting for readers to know intimate details about others. However,
today many ethicists believe the right to privacy rests on these values: personal
autonomy, that is, control over our own life; control of information that could
cause ridicule; control over reputation; right to be left alone.
Today privacy law covers intrusion, that is, entering someones private
property; publishing embarrassing private facts, if of no legitimate concern
to the public; appropriation, that is using someones name or picture to
sell something. But many invasions of privacy are still legal, but still pose
an ethical problem. Special problems include revealing a contagious disease,
homosexuality, rape, juvenile offenders, suicides, secret cameras, ambush interviews,
and accidents or tragedies. It seems that ethical media people might take into
consideration respect for people, the social value, and justice, in their decisions
to invade privacy.
Synopsis Six: Confidentiality
Related to privacy as an ethical question is confidentiality, either as it involves
a newspersons sources, or as it involves classified documents and grand
jury testimony. We are well aware of what can happen if we reveal a friends
secret--we learn this kind of confidential promise as children, but still feel
the power of telling someone else something they dont know. On a larger
scale, the media is in the information business, and would be hard-pressed to
produce anything at all if confidentiality were the general rule. Yet confidential
relationships may arise in three ways: express promises, such as promising not
to reveal corporate secrets or a news source speaking off the record; a sense
of loyalty to an organization, especially felt in public relations areas; professional
relationships of confidence protected by law, such as that between a doctor
and a patient. Confidentiality, like privacy, can by justified by a need for
personal autonomy, as well as the importance of trust in society, avoiding harm,
and its importance in professions such as law and medicine.
Should journalists enjoy legal protection over confidentiality of sources? About
half the states have passed shield laws offering some protection, but critics
claim journalists who demand candidness from politicians and others ought not
to be above the law themselves. They say confidential sources can attack with
impunity, and can erode the responsibility of reporters to give readers the
opportunity to scrutinize their sources. Reporters counter that without the
promise of confidentiality, sources would dry up and the media would become
merely a tool of law enforcement.
Synopsis Seven: Profit
and ethics
It's obvious that democracy in the United States was built on the idea of profit
as an encouragement to innovate, and it's worked very well in two centuries.
But the profit motive can become excessive, can turn to greed, as was clearly
the case in the 19th century, when robber barons running sweatshops demanded
that children work long hours for tiny wages to assure huge profits for companies.
As what point does an ethical demand for fair profit turn to unethical greed?
While it's clear wealth can benefit society, it also can put pressure on the
marketplace of ideas served through the media. Economic pressure may come from
financial supporters such as advertisers, investors, subscribers, from the competition,
and from the general public. Advertisers may pressure media by the quantity
of ads compared to "news hole," by ad budgets in general, as well
as by direct demands on news people. All of these interdependent pressures are
based on the peculiar nature of the media business: unlike most businesses which
make a profit directly from its consumers, the media, one, makes its profit
indirectly from advertisers, and two, offers a "product" protected
by the Constitution.
Certainly the growing monopolies in print media and, due to recent FCC rule changes, broadcast media, have implications regarding the delivery of information essential in a democracy. But it's also true that some local media have improved their quality under chain ownership. Nevertheless, in broadcast, news more and more is expected to make a good profit, and is marketed with that expectation. In France and England, newspapers and television stations have been established through government patronage to sidestep the power of corporate profit demands, but United States media consumers have generally not looked favorably upon government intrusion of any kind in the media.
Synopsis Eight: Conflicts
of interest
Ethicists define conflict of interest as a clash of loyalties. They may arise
in all kinds of professions, particularly law, business, and public service,
but are particularly common and criticized in the media. Many media codes address
conflicts, but because rules are not clear-cut and depend on circumstances,
decisions seldom involve core ethics issues such as truth, cheating or stealing.
Media professionals, however, need to recognize when a conflict might exist.
Conflicts of interest fall into three broad categories: conflicting relationships,
conflicting public participation and conflicting personal interests. Relationship
conflicts are most common in the media. They may involve an advertising agency
serving two conflicting clients, journalists accepting gifts or trips from sources,
sports writers travelling with teams, friendships with sources, or "checkbook
journalism": paying for interviews. Public participation conflicts ask
media professionals to consider the possible conflicts of joining organizations
they may have to cover. Many critics say such conflicts ought to be disclosed.
Personal interest conflicts involve media professionals working two jobs, or
doing free-lance work in addition to a regular job. Sometimes doing public relations
on the side may conflict with obligations as a journalist.
In general, it seems that journalists today are expected to be much more careful
about accepting gifts and joining groups than they were in the past.
Synopsis Nine: Pornography and ethics
Traditionally media critics, as well as media practitioners themselves, have
differed on their definition of "what is dirty," and what effect it
has on society. A 1977 Congressional commission examining the issue could find
no link between sexually explicit materials and social harm. Nevertheless, many
people believes it exploits women and children, in particular. The U.S. Supreme
Court has tackled the definition issue, and in 1973 issued a three-part definition.
Justices said pornography must be "prurient" to average people, depict
conduct in a patently offensive way, and have no literary or other value.
On the other hand, clearly, "sex sells," and few people have been convicted under pornography laws. Media people also have to deal with clearly legal, but perhaps unethical, portrayals using "dirty words," nudity, racist or sexist portrayals, shocking photographs, or blasphemy. While most of this may be legally printed, and often legally broadcast (subject to FCC control), it may still be offensive to many readers or viewers. Some people argue that media people ought to control much of this material to avoid corrupting values and the need for responsibility in society. Others say few controls should exist, because harm cannot be proven and people's right to see this material ought not to be infringed.
Synopsis Ten: Advertising
and ethics
The United States was built on promotional values, historians sometimes claim.
Even in the 1600s brochures and flyers in Europe were promoting (and exaggerating)
the benefits of settlement in the New World. Today we live in a highly commercialized
culture. And most Americans believe it’s ethically all right to be “a
nation of sales people,” in all fields, from religion to politics.
Advertising is the basic way we do that. The influence of advertising in society is hard to track precisely, although we know as a whole advertising’s influence is substantial. How should ethical standards apply to an area of the mass media profession not dedicated to “fairness” and “objectivity?” Special considerations in a democracy include political advertising: should it ethically emphasize rational appeals and evidence, to inform voters’ choice, or emotional appeals and false images, to merely add to the “marketplace of ideas?” Should advertising by ideological groups (gun, abortion, environmental, etc.) include emotional appeals and even lies because they advertise for a “good cause?” How should ads for harmful—but legal—substances and activities be advertised? Should the media themselves take responsibility for the content of their advertisements to protect viewers or readers? We do know that the FCC and FTC controls advertising to some extent, but the ethical questions of deception, emotional appeals, inappropriate products, and other areas go beyond regulation.
Many of us will argue that we do not expect advertisers to be fair or truthful, that we are sophisticated consumers who will make the right choices. Yet we may be deceiving ourselves. In a country where we’ll go so far as to wear someone else’s advertisement on our shirts—and pay for the privilege—it seems our cynicism of advertising may be more talk than truth.
Synopsis Eleven: Juveniles
in the media
Americans generally believe children ought to be treated differently in society.
Their youthful innocence ought to be protected, and if it's harmed, society
ought to do what it can to restore it. This cultural paternalism has led to
all kinds of child-protection laws, including labor laws, drinking laws, pornography
laws, etc. The media have usually protected children who get into trouble with
the law, but more and more, people are arguing that adolescents ought to be
treated as adults, and names of offending teens published.
As well, many people have argued that juvenile literature ought to reflect contemporary
concerns of kids, such as divorce, one-parent households, drugs, death, welfare,
sexual development and abuse. These controversial children's authors are often
the target of groups who believe this material should not be available to children.
Music lyrics, too, have been at the center of controversy, as has been, inevitably,
television. The impact of television on children can't be denied, yet media
people seem to have moved more and more toward television which targets more
advertising at children, and offers violent programming early enough to catch
many older children still awake. Media professionals have the difficult decision
to make between ethics of paternalism versus requirements of profit and honest
portrayal of contemporary society.
Synopsis Twelve: Conclusion
The goal of this class was not ethical indoctrination, but development of skill
in making ethical decisions. We noted that while everyone's opinion has the
right to be heard, under close and rational scrutiny, all opinions are not of
equal value. The key to making reasonable ethical decisions, assuming we are
not simply egoists but believe media people have an ethical responsibility in
society, means we need to understand our own biases, and move from there. We
used a worksheet to help us consider questions of facts, claimants, our own
values, what other philosophers have said, and finally, a defense of our ethical
decision.
While no one has established a universal system of making ethical decisions in the media, philosophers and professional codes can help guide us. In the end, however, it seems that in a cynical world, media professionals, who broker the power of information between groups, have a responsibility to at least consider the consequences to society of their decisions.
Copyright 2004
by Ross F. Collins <www.ndsu.edu/communication/collins>