The Law & Morality: Part One

As an editor, would you publish a graphic photo of a grisly murder scene?

And legally, could anyone stop you?

Chapters 12 & 13 of Tapsall & Varley deal with Moral Minefields & Legal Landmarks.

Chapter 12, Public interest, private lives by Ian Richards covers the debate between what is in the public interest, and what is just downright nosy when it comes to knowing about the affairs of others.

Chapter 13, A question of legality by Mark Pearson focuses on the laws that affect the practice of journalism such as Sub judice, Freedom of information and defamation legislation.

Richards identifies four justifications journalists have given for "favouring intrusion over respect for privacy" (from page 191):

1. By entering public life, individuals surrender any claim to personal privacy: they are fair game for enquiring journalists. For example - regardless of whether a celebrity is on a red carpet at a premiere or shopping for toilet paper, they should expect that people will want to take their photo.
2. Journalists have a duty to report private situations when these details could have relevance to the public performance of an individual or group. For example - if a government health minister was found to be taking recreational drugs, this may be relevant to the ability of the minister to handle his position.
3. Individual journalists are simply conduits for information, and it is up to the consumers to decide the limits. This reason stems from the MEAA Code of Ethics for journalists "respect...the public's right to information". The public can decide whether the information is valid or not, just as long as it is out there to be debated over.
4. If it is not illegal, it must be permissable. Cheating on a partner is not illegal, but it isn't the best idea due to non-legal outcomes. The same goes for journalists. Personal accountability, morality and ethical standards all must play a part in journalistic decision-making.

Press freedom is essential to maintain democracy, but press accountability is essential to maintain the credibility of the press.

It is easy to say "a balance needs to exist", but that is the answer.

Ethical questions will be answered differently by everyone but journalists must be aware of the enormous influence they have on their community.