CMNS Assignment 1

AU: 2723174

Memorandum

TO: Bell Media Ethics Committee

FROM: Xiao Feng Huang (Charles)

DATE: Wednesday June 6, 2012

SUBJECT: Media Ethnics Policies Recommendation

This memorandum examines three ethnical problems and possible solutions regarding

gathering and presenting “news”, defined in a report of recent events or information.

The objective of any media organization is to provide the public with news reports that

“seek and report the truth, encourage civic debate to build our communities, and serve

the public interest.”i

stated in principle by the Canadian Association of Journalists. We will address three

ethnical issues brought to our attention related to editorial bias, anonymous sources and

attribution, and respect for the right of privacy. Furthermore, we will examine one of

three ethical paths presented in today’s journalism.

They “defend freedom of expression and freedom of the press”ii

The three ethical paths include amoral, which can be defined as not questioning what is

right or wrong or inserting moral standard in the reporting. Secondly, immoral involves

the violation of journalistic code of conduct or principles. Lastly, moral concerns

conforming to the rules, norms and acceptable journalistic codes of conduct, which will

be our main focus. In this context, morality includes the ethical responsibilities such

as not abusing its press freedom, avoiding unnecessary harm to any subjects, being

truthful, keeping promises, and refusing special favors or sensationalism. Moral choices

should never be based on the journalist’s self-interest, such as financial gain or common

etiquette. Rather, the choice should be based on whether the method of newsgathering is

accurate and responsible, and whether it promotes social interest, and whether it delivers

a comprehensive and diverse analysis of events. It also should serve as open forum for

expression and critical discussion. Lastly, moral dilemmas include balancing the degree

of harm caused by certain stories with the privacy of the subjects or treatment of sensitive

stories from anonymous sources.

Ethical Bias

Editorial bias, intentional or otherwise, is defined as choices in selection of news events

or stories that lead tor favoring certain positions in various issues, usually political.

This issue has existed in all media organizations. Although bias is nearly impossible to

completely eliminate, from our morally standard point, we must thrive to deliver news

to the best of our ability to uphold journalistic ethics and acceptable codes of conduct,

which include “We do not allow our own biases to impede fair and accurate reporting”iii

Bell Media in recent years noticed viewer complaints of bias with regards to Middle

East Conflict, accusing CTV of anti-Israel messages. We believe that majority of the

stories published or broadcasted are objective and fair, but there are isolated incidents

brought to our attention including the story titled “Canadian protesters decry Israeli

raid, Gaza blockade" aired on June 5, 2010. The story was in regards to the Israeli

military operation boarding of “Gaza Freedom Flotilla” carrying humanitarian aid and

construction material leading to the death of nine activists and injury of a dozen others.iv

Initially, CTV veteran journalist Tom Walter described Gaza as under “Israeli

Occupation”v

no Israeli citizen or solider has resided in Gaza since 2004.vi

caused Jewish viewers to believe Walter intentionally misled wider audiences, while

others’ opinions may have disagreed as Israel currently stills control Gaza’s airspace

and coastal waters. Secondly, many Jewish viewers believe the reports are intended to

cause anti-Israel sentiments because they didn’t allocate equal airtime for both sides.

There were both pro and anti Israeli protests on same day of the story, but Walter chose

to dedicate the majority of his two minutes of airtime to showing sound bites of anti-
Israeli protests in Halifax, Victoria, Montreal, Toronto, London, and India, and American

despite the fact that Israel had abandoned the territory six years prior and

The term “occupation”

activists arriving home with a hero’s welcome.vii

of footage show the pro-Israeli demonstration in Toronto and t10 seconds of a 30-minute

White House meeting between President Obama and Israeli Prime Minister Netanyahu

discussing the situation.

The report only contained three seconds

Lastly, 1:01 into the story, Walter translated and described an Arab protester’s statement,

“Goddamn Israel,” and unnecessarily repeated the same slogan, “Goddamn Israel,” five

seconds later, hence the sensationalized footage.

also occurred on January 1, 2012 when veteran CTV parliament bureau chief Robert

Fife stated on the CTV Question Period that the French President Sarkozy considered

Netanyahu “a liar” and continued, “Prime Minister of Israel who pretends he cares about

the Palestinians, but doesn't make one concession at all other than to take more of their

living space from them and its unconscionable.”

possible expansion of new settlements and the “lair” reference, the angry tone and choice

of the loaded language will certainly have unnecessary emotional implications, thereby

contributing negatively to one of the moral objective of journalism, “to provide and

encourage a open forum for critical discussions.”

viii

Similarly, sensationalized footage

ix

Although Fife maybe correct on the

From a moral prospective, all those ethical issues can be solved by upholding one of

the most important ethics as stated by Society of Professional Journalism: “diligently

seek out subjects of news stories to give them the opportunity to respond to allegations

of wrongdoing,” and “at all times, we strive to treat news sources fairly and openly.”x

In both cases, equal airtime should be allocated to both sides of the debate. In the

Fife incident, there were no pro-Israeli guests present, making his opinions seem

unchallenged. Secondly, in both cases more neutral words will lead to less sensationalism

and more discussion on the issue rather than counter-productive, emotionally charged

arguments. Lastly, reporters should limit their use of disputed terms, for example

“terrorist”. As Gerald Symour pointed out, "one man's terrorist is another man's freedom

fighter."

xi

If such terms must be used, the journalist has the moral responsibility to inform

the audience that this term is a disputed description.

Anonymous or Unnamed Sources

Globe and Mail, founded in 1843

influential newspaper among Canadian business and political leaders. To uphold this

leadership position, the Globe and Mail has a moral responsibility to “serve democracy

and the public interest by reporting the truth”xiii

abide by the CAJ Code of Ethics on Transparency including acceptable use of unnamed

sources. The code states that we “may use unnamed sources when there is a clear and

pressing reason to protect anonymity, the material gained from the confidential source is

of strong public interest, and there is no other reasonable way to obtain the information.

When this happens, we explain the need for anonymity.”xiv

conclude in many occasions the use of anonymity was clearly inappropriate and use of

anonymity was a routine as sources’ requests for anonymity were rarely refused. Globe

and Mail failed in fulfilling the role of public watchdog in many incidents to examine

whether an unnamed source has hidden motives or agendas. This resulted in many

articles resembling the product of official sources’ political spin, a tool for politicians

to set the news agenda and manipulation to create favorable public opinion for their

policies. A particular case of this occurred on September 6, 2005 in the article “Tories

end summer with party divided in Central Canada”xv

candidates resignation in Ontario and Quebec. In the article, an unnamed campaign

official in Toronto was quoted saying, “it’s done, it’s over and we all know it,” yet the

author failed to examine purpose of anonymity or justified it contrary to even the Globe

and Mail’s own editorial policy, “reasons must be given why they cannot be named.”xvi

xii

, is Canada’s oldest, most-respected, and most

and as a result, the Global and Mail must

Unfortunately, we can

concerning number of Conservative

Similarly, the article “Pickton inquiry's focus is being blurred, victim's sister fears”

published on April 5, 2012 regarding a claim by an unnamed source that former

commission staff investigating cases of missing women connected to Robert Pickton

made “derogatory comments” about missing women and “allegations of sexual

harassment against unnamed staff members at the commission.”

xvii

Again, the article

appears to have violated the moral responsibility by not disclosing the reasons behind

concealing sources or properly examining the motive for leaking such information.

Additionally, the examples of such serious allegations can ot be challenged as pointed out

by a current commission member, Peter Gall: “people that felt strongly enough to go to

the media with their concerns are not willing to identify themselves.”

xviii

Finally, in an April 9, 2012 report “North Korea reported preparing to test nuclear

xix

weapon,”

the technical details of a nuclear test. The report stated the reason for anonymity, but

violated Globe and Mail’s own journalistic ethics that states that “official spokesmen

are rarely, if ever, entitled to anonymity and it is better to specify their titles or job

functions than call them spokesmen.”

limited number of people who could be an official spokesperson for the secluded North

Korean government by not minimizing unnecessary harm to the source. The article also

failed to examine whether the information leaked was intentional for disinformation

or propaganda. Bell Media believes that granting anonymity to sources is sometimes

necessary to protect the sources from reprisals of their superiors or possible legal action.

Therefore, we propose prior airing of such stories, where all content of the story must be

examined by a senior editor (the name of source, verification of information obtained,

and motives behind the anonymity). Second, Bell must limit the use of unnamed sources,

and only use them if they are absolutely vital to the story. Third, they must judge to the

best of their ability whether the information leaked is in the best interest of the public and

if any degree of harm is posed to all parties.

a North Korean government spokesman who requested anonymity confirmed

. It fails to ensure anonymity because of the

xx

The Rights of Privacy

Bell Media’s broadcast assets, including CTV, CP24, and TSN, are all members of

Canadian Broadcast Standard Council (CBSC)xxi

conducts, including RTDNA’s ethical guideline on privacy: “respect the dignity, privacy

and well being of everyone with whom they deal, and will make every effort to ensure

that newsgathering and reporting does not unreasonably infringe privacy except when

and follow the council’s code of

necessary in the public interest.”xxii

the majority of cases, it boils down to a fairly straightforward proposition: in general,

the public's right to know prevails. However, that general principle can be overcome by

a specific showing of risk from disclosure. The public interest includes all citizens and

they have the right to a fair trial, therefore the actions of our reporters do not hinder these

rights. For that reason, there are causes for concern in high profile cases. One example

is the trial of Michael Rafferty and Terri-Lynne McClintic, the pair that was accused

of killing and raping the eight-year-old Victoria Stafford. In the April 5, 2012, CP24

reported the “hazy”xxiii

habit. Another CP24 piece mentioned that the accused had “harbored pedophilic interests

and a propensity for sexual violence”xxiv

It also mentioned McClintic’s personal life as well, including the fact her mother was a

stripper, that McClintic once microwave a dog, overdosed on drug on occasion, and was

obsessed with torture fantasies. She spent an “inordinate amount of time either meting out

violence or finding herself on the receiving end of it.”

Arguably, the legal precedents are complex, and in

but irrelevant details of Rafferty’s personal life, including his drug

and that Rafferty enjoys "sexual choking.”

xxvi

The two articles called into question clearly violate the privacy of the accused and the

moral ethics of journalism. It is likely that these actions by news media will lead to a

publication ban on the Rafferty trial. Although most reported details were unproven, they

are extremely graphic or taken out of context or incomplete. Concerns also arise since

many details are unworn statements and may put the trial at risk since the information

may influence impartially of jurors. In a recent Australian trial, a “well-known sex

offender” was permanently stayed on the grounds that fair trial was not possible and

because the subject “had been subjected to prejudicial media coverage,”

ordered the accused to be freed, doubly harming the public interest. Another example

is a case involving new charges against the disgraced former hockey coach Graham

James for sexually abusing young boys. An unidentified Winnipeg man at the time

brought on an allegation of abuse against James, and provoked outrage when the media

revealed that James had been issued a pardon by the Canadian National Parole Board

in 2007 for the past conviction. There were moral concerns surrounding the impact on

the jury’s impartiality from TSN’s 2010 article on detailing the prior conviction,

which otherwise would not be disclosed to any jurors. In reporting trials of high profile

criminal cases, we must ensure our actions and private information obtained do not pose

an interference to the outcome of the trials. Sadly, another recent example includes the

killing and dismemberment of university student Lin Jun and his alleged killer Luka

Rocco Magnotta. This has already caused many to wonder whether Magnotta will ever

face a fair trial given the enormous amount of unproven allegations and personal details

published by all major outlets.

For that reason, we propose three moral guidelines for managing high profile criminal

cases, including Bell Media’s postponed broadcasting or publishing any private details

that may pose a potential interference to an ongoing matter until the case is concluded.

Secondly, if the details in question are absolutely vital to the stories and must be

included, a proper step must be taken to minimize the interference to the ongoing case,

including obtaining advice from legal council. Finally, we must remind our staff that one

of the most important moral duties is to ensure “public interest” is presented by being a

watchdog on the fundamental state on the justice system, and all individuals will receive

a fair trial without interference. Therefore, prior to airing or publication, it is critical

that our investigative activities or report of ongoing high profile cases be reviewed by an

independent privacy committee. The committee must ensure that information contained

in newsworthy materials were not the result of unnecessary or inappropriate unethical

techniques in the name of journalistic freedom. Our failure to recognize privacy violation

will only lead to more publication bans and privacy regulations, hindering the future of

press freedom.

Endnotes:

i

“Ethics”, Canadian Association of Journalism, http://www.caj.ca/?cat=9

ii

“Ethics”, Canadian Association of Journalism, http://www.caj.ca/?cat=9

iii

“Ethics guidelines”; CAJ Ethics Advisory Committee, 06/2011 - http://www.caj.ca/?

p=1776

iv

“Israel ‘Excessive’ in ‘Legal’ Block of Gaza Flotilla”; Flavia Krause-Jackson and Emre

Peker, Boomberg 09/2/2011 - http://www.bloomberg.com/news/2011-09-02/israel-s- gaza-blockade-found-legal-by-un-force-on-flotilla-was-excessive.html “Jun 5 2010: CTV apologizes for erroneously describing Gaza as being under

v

“Israeli occupation”, Honest Reporting Canada, 2010 - http://www.honestreporting.ca/

news_article/51.aspx

vi

“Myths About the Israeli-Arab Conflict (I)”, Fact and Logics About Middle East, 2005

- http://www.factsandlogic.org/ad_101.html

vii

“Canadian protesters decry Israeli raid, Gaza blockade”, Sonia Sunger, CTV, 06/

05/2010 - http://www.ctv.ca/CTVNews/World/20100605/gaza-blockade-protests/?

s_name=&no_ads

ix

“CTV Defends Reporter Who Advocates For Palestinians”, Honest Reporting

Canada, 01/12/2012 - http://www.honestreporting.ca/news_article_name/

CTVDefendsReporterWhoAdvocatesForPalestinians132012.aspx

Fair in Reporting, Journalism Code of Ethics and Professional Practices, Page 10 -

x

www.calgaryjournal.ca/pdf/EthicsCode09.pdf

xi

“One mans terrorist is another mans freedom fighter?”, Answers.com,

2011 - http://wiki.answers.com/Q/

One_mans_terrorist_is_another_mans_freedom_fighter#ixzz1xY0c26ZU

(

“Independence”, Ethical Guideline, Canadian Association of Journalists - http://

www.caj.ca/?p=1776

xiii

“Independence”, Ethical Guideline, Canadian Association of Journalists - http://

www.caj.ca/?p=1776

xiv

“Transparency”, Ethical Guideline, Canadian Association of Journalists - http://

www.caj.ca/?p=1776

“Tories end summer with party divided in Central Canada”, Galloway, Gloria; Globe

xv

and Mail, 09/05/2005 - http://www.anticorruption.ca/forum/phpBB2/viewtopic.php?

t=1495&sid=2725665eb66e152bd9e8d6891c2902f9

xvi

“'Insiders Say': The Use of Unnamed Sources in the Globe and Mail”, Rudnicki,

Denise; Carleton University, Canadian Journal of Media Studies, Vol. 2(1) – http://

cjms.fims.uwo.ca/issues/02-01/rudnicki.pdf

xvii

“Pickton inquiry's focus is being blurred, victim's sister fears”; Boddie, John, 04/05/

2012 - http://m.theglobeandmail.com/news/british-columbia/pickton-inquirys-focus-is- being-blurred-victims-sister-fears/article4098218/?service=mobile xviii

“Pickton probe director on leave amid investigation “; CTV, 04/05/2012 - http:/

/www.ctv.ca/CTVNews/Canada/20120405/pickton-probe-director-sex-allegations-

120405/

xix

“North Korea reported preparing to test nuclear weapon”, CHOE SANG-HUN, 04/

09/2012, New York Time / Globe and Mail - http://webcache.googleusercontent.com/

search?q=cache:EMtogEH-cskJ:m.theglobeandmail.com/news/world/shareTweet/

article2395315/%3Fservice%3Dmobile+&cd=1&hl=en&ct=clnk&gl=ca&client=firefox- a “'Insiders Say': The Use of Unnamed Sources in the Globe and Mail”, Rudnicki,

xx

Denise; Carleton University, Canadian Journal of Media Studies, Vol. 2(1) – http://

cjms.fims.uwo.ca/issues/02-01/rudnicki.pdf

xxii

“Code of Ethics”, RTDNA, Canadian Broadcast Standards Council, Revised 06/2011

- http://www.cbsc.ca/english/codes/rtnda.php#Article4

xxvii

"Judge rules fair trial impossible allowing paedophile to walk free"; McCutcheon,

Peter 07/02/2008 - www.abc.net.au/7.30/content/2008/s2292662.htm