Following is my final paper for my media ethics class (MA Journ, Ateneo) under Chay Hofilena. We were asked to identify the three biggest ethical challenges to the practice of journalism in the future.
There are many ethical challenges to journalism but the list becomes more defined when one narrows it down to ethical challenges in the future.
We are now talking about things we cannot fully grasp just yet, or trends we are only seeing the beginning of.
This paper is an aggregation of the inputs obtained from the readings and discussions, both on-campus and online, from Media Ethics class as well as practical instances from the personalities interviewed, the author’s observations and supplemental research.
Challenge 1: Accountability amid a culture of anonymity
Lawyer and opinion columnist Emil Jurado, 84, strolls into the coffee shop at the ground floor of his condominium unit in Makati. He waves as he sees me writing something on my laptop. As I turn my unit off and put it away to begin our interview, he admits he knows nothing about computers. (“I attended three courses and they all gave up on me! I don’t even know how to text!”) Indeed, he sends his typewritten columns to the Manila Standard Today by having his driver deliver the hard copy. An encoder transcribes it in MS Word format so it can be edited.
Small wonder, then, that the self-described “Jurassic, computer-illiterate journalist”… “who has been there and done that” cites the advent of technology as the main ethical challenge to journalism today and in the future. He talks about social networking sites Facebook and Twitter as well as blog sites -- even as one wonders whether he has even seen such home pages, much less knows how to get there.
Over the years, Mr. Jurado has gone full circle in media. He has “walked the corridors of power,” having covered one administration after another beginning the time of President Elpidio Quirino. Jurado started out as an editor of the Mindanao Cross in Cotabato City in the 1950s. He was a reporter and later business editor of the Philippines Herald. He founded the Kapisanan ng mga Brodkaster ng Pilipinas in the 1970s. On the day Martial Law was declared, he and some other journalists founded the 365 Club, a loose gathering of mediamen at the coffee shop of the Hotel Intercon where they meet every day, rain or shine. They still do. He served as the editorial board chairman of the Manila Standard upon its inception in 1987. He has been writing columns, since then.
His column is still published, Tuesdays to Fridays, on page A5 of the Standard.
Jurado recalls how straightforward everything was in his time. “We took our journalists’ oath seriously. We gave emphasis to the five Ws, the basics. Our editors were very strict in this. When you get one side of the story, you have to be fair and balanced and try also to get the other side. That, of course, is not always possible as we had deadlines. But that’s how it went.”
Now it’s a different jungle. The globalization of media has started bringing down borders. This has rendered the MTRCB useless, for instance, because cable channels are out of its jurisdiction anyway. Local news networks get input from CNN, BBC and other big networks because local audiences also demand that they be informed of what goes on in other countries, not only in their own. If you lack this content, the public can just as easily shift to your competitor in the click of a button.
This is why Jurado believes local media networks should open up to foreign investors. To do that, the Constitution, at least its economic provisions, should be amended. “We need to adjust to the changing times, or else we get left behind. Twenty years from now, when I am no longer around – you, Adelle, will still be – you will remember me as you say ‘Atty. Jurado was right, after all!’”
Not that anybody would dare say the contrary.
Jurado carries with him the notoriety – or distinction, if you wish – of having been sued 24 times in the course of his journalistic life. “Four times I apologized because I really had my facts wrong. Two cases managed to reach the courts, but they were eventually dismissed. The rest did not make it to court.”
But perhaps what Jurado is most known for is the landmark In Re Emil Jurado1 where he was cited in contempt of the Supreme Court (“I was the only newspaperman who dared take on the gods of Mount Olympus [how he describes the associate justices of the Supreme Court in his columns]) for writing in his column that several justices of the Supreme Court accepted bribes from PLDT officials in return for a favorable ruling in a pending case. The justices fined Jurado P1,000, saying:
“Jurado's actuations, in the context in which they were done, demonstrate gross irresponsibility, and indifference to factual accuracy and the injury that he might cause to the name and reputation of those of whom he wrote. They constitute contempt of court, directly tending as they do to degrade or abase the administration of justice and the judges engaged in that function. By doing them, he has placed himself beyond the circle of reputable, decent and responsible journalists who live by their Code or the ‘Golden Rule’ and who strive, at all times, to maintain the prestige and nobility of their calling.”
Jurado has by no means mellowed. He claims then-candidate Benigno Aquino III refused to attend a journalist group’s forum “because Emil Jurado is there.” He maintains that libel should not be de-criminalized. “If you can dish it out, you should be able to take it” is his mantra.
Of course everybody knows where to look and how to seek redress if he or she is offended. Writers like Jurado belong to traditional media. We know exactly where he is and how he could be reached, how he can be pursued. That’s not always the case in cyberspace.
Terrell Ward Bynum of Southern Connecticut State University, in his paper called “Anonymity on the Internet and Ethical Accountability,” says it is tempting “to argue that anonymity on the Internet should be banned – that the identity of anyone on the Net should always be immediately available wherever he or she goes in cyberspace.”
But there is a problem: this view goes against our right to privacy. Bynum thus proposes that there be “trusted third parties – agents to whom one entrusts private information on condition that it be held in confidence.”2
The assumption however is that trusted third parties have the best interests of the information-consuming public in mind. We know this is not the case, as there are people whose sole objective is to misinform, mislead and tarnish others’ reputations.
And since the Internet provides the platform for their anonymity, they flourish. After all, it is so easy to create bogus Web sites, phony blogs and assume fake identities.
Then again, maybe Jurado is being too generous, according the title “journalist” to anybody who dares publish content on the Internet, whatever the quality. Still, that he feels threatened is valid. Not everybody knows you should not believe everything you see on the Web. And in a world where everybody has an agenda, the threat of them getting away with anything is all too real.
Challenge 2: “Something borrowed”
The public assumes that members of the media, in delivering the news, are thorough in gathering their information, skillful in processing and integrating them into something meaningful, and creative in presenting them to the people. What is demanded of us, after all, is to make the important interesting, and to make the interesting relevant. It goes without saying that the work we claim as ours is really ours, and the things we said happened really did occur.
The assumption is that there is no dearth of important things happening all around us every day, and journalists must feel privileged to even write about these things. In reality, there are days when news is slow, when a source utters unremarkable words – but the story has to be filed at five o’clock, anyway. What to do?
The movie Shattered Glass talks about the twentysomething New Republic reporter Stephen Glass who was found to have fabricated his stories in varying degrees. He was shown as a charismatic, enterprising young journalist who has a knack for stumbling into the most interesting events, or aspects of events. He reported on a conference for hackers, for instance, or a gathering of young Republicans that was supposedly marked by un-Republican conduct (drugs, booze, prostitutes). He manufactured quotes, sources, events, even buildings, laws and corporations and kept on doing so as he was being investigated, to cover up previous lies.
It soon emerged that Glass’ affliction was not, per se, journalistic, but behavioral.
A February 2009 article written by Rebecca Leung for 60 minutes, based on an
interview with Glass himself years after the controversy, shows he has since moved on. “With that, the journalistic career of Stephen Glass ended. He dropped out of sight and spent much of the past five years in therapy, trying to start over. He has earned a law degree from Georgetown University and written a book for a six-figure advance. This time, it's clearly labeled fiction: A novel called ‘The Fabulist’ about a young Washington reporter who is a pathological liar.”3
Then again, Glass was creating fiction, inventing something from his head. In the age of Internet, and with the sheer number of material online, it is so much more common to lift passages from different sources. This is allowed, of course, so long as there is attribution. But what if there is no attribution?
Malcolm Gladwell is a reporter for the New Yorker and has published four bestsellers of nonfiction. In 1994, he wrote an article called “Something borrowed” for the magazine where he talked about plagiarism and copyright.4 He made use of several examples, such as the feeling of violation felt by one Dorothy Lewis whose personality and circumstances were used by playwright Bryony Lavery as material for a play that was eventually staged in Broadway. The depiction was so close that people who saw the play and knew the woman recognized her right away. Upon further investigation, Gladwell discovered the he himself had been “plagiarized” – that is, words and phrases he used in a published news story about the killings were also used in the play.
But while Lewis felt angry, Gladwell did not. “On some level, I considered Lavery’s borrowing to be a compliment.” And in response to Lavery’s profuse apologies for her carelessness (she thought it was okay to use his words), Gladwell makes a distinction: “Old words in the service of a new idea aren’t the problem. What inhibits creativity is new words in the service of an old idea.” After all, Lavery used his work to create an entirely new idea, only building upon his. “Intellectual-property doctrine isn’t a straightforward application of the ethical principle ‘Thou shalt not steal. At its core is the notion that there are certain situations where you can steal.’”
I do not begrudge Gladwell for feeling okay with this. But that is his prerogative, and perhaps the distinction that he offers makes all the difference. This I think is the challenge, that some people may take upon themselves the liberty to determine which may or may not be “lifted” from another’s work.
Sometimes it arises out of plain carelessness, as what Lavery claims. Sometimes, however, the taking is deliberate – a refusal to do the work, the failure to provide some value added, and worse, the deception in taking credit for someone else’s output.
There now exist technology tools to help us determine whether a work had been taken from somebody else. But that happens only when we doubt and question. If the receiver of information takes a “stolen” work and passes it off as his own, and everybody assumes he has been intellectually honest, then the deception has been consummated, whether or somebody makes the effort to research and prove that the author has not been completely honest.
True, humankind has built ideas from existing ideas since time immemorial. This is why there is progress. But nobody has the right to pass off one’s idea as his own. All we have to do is to attribute. What is so grossly difficult with that?
Challenge 3: Governance and the Wall
Media organizations in most free societies, while not controlled by government, are run by businesses. Indeed it is said that business is the new government. Journalism is a noble profession, a constant pursuit for truth giving priority to the public above all. But the reality is that journalists are employees, as well, and media companies are run as any corporation is: the bottom line (ultimate point) is the bottom line (profit). To deny this fact is to be naïve, and the harder it will be to exercise judgment on real life dilemmas between the newsroom (editors and reporters) and the boardroom (directors and executives).
Corporate governance is an area deemed equally important as public governance. According to Knowledge Solutions, a publication of the Asian Development Bank, it meant little to most people until the mid-1990s. But today it is “broadly understood as the process by which the policies, strategies and operations of organizations are regulated, operated, and controlled by the board of directors to give them overall direction and control, and satisfy reasonable expectations of accountability and performance including to those outside them.”5
Big words, but it all boils down to how a company is run, and done so responsibly. After all, while profit is a potent driving force in business activity, it is not, and should not be, the only force.
Here in the Philippines, there is the Institute of Corporate Directors, “a professional organization of, for, and by corporate directors and other reputational agents for corporate governance. It is a non-stock, not-for-profit organization working in close partnership with other business, government, and civil society organizations to promote and uphold the practice of good corporate governance. The ICD’s aim is to attend to the professional needs of corporate directors directly related to their serving in the board.” 6 The ICD accredits directors after making them undergo a five-day seminar on the principles and practices of corporate governance.
Rex Drilon, president of the ICD, says the aim is to achieve the “triple bottom line” – meaning doing good for people, planet and pesos. Companies should both be SBEs and SSEs. He quotes Andrew Savitz, a governance scholar, who says that a sustainable business enterprise (SBE) is one that creates profits for its shareholders while protecting the environment and improving the lives of those with whom it interacts.
He sums this up as
SBE = Pesos+People+Planet
On the other hand, Drilon says that a sustainable social enterprise (SSE) is one that improves the lives of people while protecting the environment and fulfilling the economic needs of the owners.
SSE = People+Planet+Pesos
The triple bottom line ideal is true for every corporation, whatever the industry. There are 11 corporate governance principles that apply: Independence, rights and duties, original powers to decide, loyalty, long-term viability, fairness, accountability, transparency, ethics, social responsibility and sustainability. 7
But Drilon acknowledges that this is especially true for media, which is unique in that it is both a business AND a social enterprise. “It is a partnership that requires respect for each other’s needs,” he says. The business has to be profitable to be sustainable. On the other hand, the editors have to be independent (within pre-agreed ground rules) for the paper to be credible and therefore saleable. [Indeed] it is a delicate balance which needs the support of the two groups to work.”
It’s all good on paper. A newspaper, for instance, employs idealistic, conscientious, thorough journalists who observe the best ethical practices to deliver quality and intelligent information to its readers. In turn, and because of this, the newspaper is widely read by the public and is the medium of choice of advertisers. It thus turns a neat profit every year, which makes its owners happy, and which enables the enlightened, socially-oriented board of directors to grant respectable salaries to its employees, which in turn boosts their morale, which then makes them even more enthusiastic to do their jobs well.
Sadly, this is not always the case. What we have are media outfits owned by corporations or families that were somehow acquired to advance the interests of the owners or protect their other existing enterprises. Or, we have owners that are beholden to government officials or other commercial interests that somehow impose on the content of the material published or aired.
“The problem with such structures as interdepartmental marketing committees is that the newspeople are invariably outnumbered by business-side people, and they are also rhetorically outgunned because the business people are dealing in dollars and cents and the newspeople are dealing in a philosophical concept that, too often, business people either do not understand or do not support,” says Davis “Buzz” Merritt in an essay called “Breaching the Wall,”8, an excerpt from the book Knightfall: Knight Ridder and How the Erosion of Newspaper Journalism Is Putting Democracy At Risk
How, then, to balance profitability/commercial viability against truth seeking nature of journalism?
Drilon says: “The operative word is ‘with’ not ‘against’”. He talks about the “sustainability sweet spot” where margin meets mission, where profit meets the common good and where business interests meet stakeholders’ interest. Among the eleven principles, Drilon says the most pertinent to media companies’ boards are fairness, accountability and transparency.
Merritt, who has worked as a reporter, Washington correspondent, and editor for Knight and Knight Ridder newspapers for 42 years, talks about the “wall” between newspaper owners and the journalists that they employ. “If a newspaper was thought of, by its owners, as just another way to make money, the wall was an impediment; the enterprise's financial success could be maximized only if the wall did not exist.”
But the newspaper’s credibility is its most precious asset, Merritt says. Fortunately, more managers are realizing this so that “editors and other newsroom employees now regularly sit on marketing committees with advertising and circulation managers. They share financial goals through their overlapping MBOs (management by objectives) and other compensation mechanisms.”
This method hews closely with discourse ethics9 – without adhering to any single, pre-determined principle, the stakeholders in a corporation: board of directors, executives, advertising managers, employees, reporters, editors.
Thus far, corporations who have graduated fellows from the ICD and who choose to arm themselves with the guidance provided by the institute belong to Big Business, as shown in the ICD Web site. There may have been some interest in media among these groups, but all in the context of media being part of a conglomerate, a unit in the bigger whole, instead of a corporate entity on its own. The ICD has not yet conducted seminar specifically for directors of media companies.
That would be a good aim. The problem is whether most of the current crop of board members of media companies would even be willing to recognize that their positions are a little more different than their peers in other industries given the unique nature of the business of journalism.
On this, they have to be educated. The Wall need not be dismantled, because it cannot be, but those from either side should at least recognize the needs of the other, harmonize objectives and agree to work closely to resolve ethical issues. Then the organization will be a viable, socially responsible and sustainable and media corporation.
Conclusion
Journalism as a profession will crumble without credibility. But there would be no credibility if players in the industry did not practice ethical standards -- even as such standards are a function of culture, economic level, and technological sophistication.
Nonetheless, some basic things must be universal. The three challenges discussed above are true for all societies. Everyone can relate to them, some more strongly than others. What they present are real-life questions that journalists today and in the future may find themselves faced with.
There are no easy, ready-made answers, but there are methods to arrive at sensible responses to these questions. It is up to us to agree -- not on answers, but -- to use these methods to ensure that our brand of journalism remains close to its primary purpose: to give citizens the information they need to be free and self-governing.