Media Law and Ethics - Essay Example

? Media Law and Ethics By of [Word Count] Introduction Since time immemorial, press freedom, freedom f speech and freedom of expression have been rather controversial and hotly debated subjects not only in the public sphere but also within the confines of family walls. In essence, media press has been at the core of these controversies and debates given that it is the major means of communicating to the public. Generally, press freedom refers to the liberty and free choice granted to various communication outlets such as electronic and print media to communicate and express events, news, information, criticism and opinions (Barendt, 2009). Newspapers are among the most affected modes of communication in modern times that have been adversely affected by the debates and the differing viewpoints taken by stakeholders in the freedom debates (Barendt, 2009). While some support an entirely free press, a cross section of society feels that such freedom should be regulated to some extent. That is, laws should be enacted to ensure that media houses, more so newspaper publishers are regulated so that they do not exceed certain limits that could endanger personal and public safety or engross on human rights and liberties. Those in support of total newspaper freedom assert that this absolute freedom must be sought through constitutional and legal protections although the norm is that there should be zero interference in the media freedom from overreaching state and regulatory agencies (Dean, 2011). However, the supporters of newspaper freedom concur with their opponents who feel that with regards to government information, certain critical information, classified as secret and sensitive due to their national interest and security roles should be protected from disclosure to the public. Newspaper publishers should therefore acknowledge that certain information must be controlled and secretly guarded for the sake of protecting the interests and safety of a state. Newspapers should be Free As a result of the sensitive and controversial nature of press/newspaper freedom, governments have established not only laws and agencies to execute certain press freedom-related tasks but also commissions of inquiry to look into specific events related to press freedom. In the UK, one such commission was the Leveson Inquiry, which Prime Minister David Cameron appointed on July 6, 2011 in accordance with the Inquiries Act 2005 to further investigate the cultural and ethical practices related to the revelations of phone hacking activities by the News International. The News International phone-hacking scandal is a controversy surrounding the defunct News of the World and other media outlets related to the subsidiary of News Corporation, News International. In this phone-hacking scandal, the employees of these related firms have been accused of engaging in police bribery, phone hacking and improper influence in executing their tasks of collecting information and creating stories. The public outcry was particularly targeted at News Corporation’s owner Rupert Murdoch whose company was accused of targeting celebrities, high-profile cases, victims, the British Royal Family and bombing victims in their phone hacking activities. Because of the resultant advertiser boycotts, the News of the World closed on 10 July after publishing for 168 years and the News Corporation cancelled its intended takeover of the British telecommunications company BSkyB (The BBC, 2011). The Lord Justice Leveson-led inquiry was thus mandated to inquire about these claims about the News of the World. Further, the Inquiry had to look into the initial police inquiry and the allegations that the News Corporation made illegal payments to police (Jenkins, 2012). The most important role of the Inquiry was however to review the UK media’s general culture and ethics. From this case study, it is imperative that media stakeholders recognize their role, responsibilities and influences in the society to act not only ethically but also legally while gathering, analysing and disseminating information to the public. That the News of the World admitted to intercepting voicemail messages of prominent people to create stories shows the level to which newspapers could bend to get stories for their papers to sell. That is, the traditional and long established ethically and culturally acceptable standards in the press may easily be jeopardized by the greed to sell and make more money. Needless to say, such unethical practices could ricochet and lead to the fall of a media giant as happened in the case of the News of the World. Much as newspapers and other types of media chanels should be free in gathering and disseminating information, it is important that they are made responsible and accountable for any illegal and unethical conducts (The Guardian & Roberts, 2012). In this regard, newspapers must ensure that their relationships with other members of the press, public, police and politicians are legal and beneficial to all stakeholders. Importantly, the current and future regulatory regime and mechanisms must be effective in acting on ethical and legal breaches by newspaper publishers and their employees and associates. That is, mechanisms must be put in place to act immediately reports or allegations touch on media misconduct. Like the Leveson Inquiry, all the agencies involved in media freedom and media regulation must be armed with the right recommendations, interventions and punishment for newspapers that flout the ethical and legal principles that govern their industry. It should be noted that these regulations are not to target press freedom but only seek to ensure that they do not breach the law in collecting and disseminating information to the public. Media freedom is paramount but there should be sound principles and standards within which media such as newspapers must operate. To establish, implement and monitor the compliance with these standards, principles and laws, there must be established more effective regulatory structures to promote and instill not only press freedom but also press integrity (Evan & Mendel, 2011). Thus, much as press freedom is important for UK newspapers, their integrity is equally vital to an informed, safe and ethical society. Nonetheless, these governmental and non-governmental agencies and regulatory mechanisms should not jeopardize press plurality and independence while ensuring the highest ethical and professional standards possible in the industry. In fact, all the relevant stakeholders, agencies and individuals alike, should ensure to guarantee future legal and ethical press behaviour, policies, ownership and regulation (Wilkinson, 2009). Also important in ensuring ethically and legally accepted cultural practices in the media are effective regulations on the relations among press, police, public and politicians. In spite of cases such as the News Corporation’s controversy, it should be recognized and appreciated that everyone, including newspaper publishers has the right of freedom to collect, disseminate and express their opinions. Thus newspapers should hold and express their opinions without interference from the government, powerful and influential people and the public provided their operations are legal and ethical (The Leveson Inquiry, 2012). It is however recommended that this freedom and right is accompanied by the necessary regulations and legislation of various degrees on newspaper freedom regarding scientific, public and private printing, press and publishing. Further, these press freedom laws ought to be entrenched in a country’s legal system and constitution to accord equal treatment to both spoken and published expression of opinions. It is therefore important that the level of newspaper freedom is constantly judged not only by non-governmental organisations and private newspaper publishers but also by the relevant government agencies and personnel (Wolff, 2010). Assessing Newspaper Freedom Concerns and Implications There are several ways by which the level of newspaper freedom in a country should be assessed. Among these methods is the monitoring of the number of newspaper journalists harassed, arrested, expelled or murdered in the line of duty. Further, the existence of newspaper or media monopoly, high level censorship, self-censorship, difficulties in reporting and level of independence are the other parameters used to assess newspaper freedom (Jones, 1997). The other tools of journalism that should be employed in monitoring newspaper freedom are fact-finding missions, independent researches, first-hand contacts in the field, global e-mail network and sharing of information among newspaper publishers and journalists. Additionally, studying the general political, economical and socio-cultural environment could indicate whether these factors hinder or promote newspaper freedom as it exists in theory. As realized from the phone-hacking scandal in the News of the World, there are several ethical and legal concerns and implications that newspaper publishers and employees should be aware of and conversant with. Failing to comply with the set rules and regulations regarding press freedom not only impacts negatively on media owners but also on print journalists and the wider world of journalism (La Monica, 2009). It is thus imperative that individual entrepreneurs build media empires that promote and instill ethics and responsible journalism rather than court controversies, sensationalism and gossip in journalism. Further, newspapers should discourage and punish dishonest, corrupt and unprincipled practices among senior as well as junior employees. It would also be illegal and dishonest for newspapers and their owners to use their news outlets to promote their financial and political interests at the expense of the public good, safety and privacy (Davis, 2003). In other words, newspapers should never be used to aide favoured politicians and members of the public while hurting those considered enemies or inconsequential. As happened in the case of Murdock’s empire, newspapers should be held accountable for using their resources and news outlets to infringe on peoples’ privacies (Duthel, 2011). Media cultures that would promote the undertaking of unethical and illegal activities such as phone-hacking just to get stories, beat the competition, using the end stories to justify these unscrupulous methods should not go unpunished. In the event that such unethical and illegal practices are unearthed, it is imperative that the owners, the executives and all the junior employees involved are brought to book and punished for their criminal acts. Cases such as that against the News of the World have brought to the public the current rot in the media that has resulted in a shift from the traditionally highly regarded ethics of journalism. Consequently, issues have been raised about citizens’ confidentiality and privacy in relation to press freedom (Fund for Free Expression & Helsinki Watch, 1991). Although newspapers should be guided by the old maxim that they should “get it first,” it should also be emphasized that they should “get it first but get it right.” Thus, reporting should address the issue of accuracy, which also guarantees that news is obtained by ethical and legal methods. Similar to the News of the World’s case, illegal and unethical collection of information and creation of stories is not only wrong but cannot also be defended given that even government agents require warrants to search peoples’ houses and other property (Watson & Hickman, 2012). Conclusion The News of the World controversy is perhaps just one among the many cases in which newspapers have gone overboard to collect information and create stories. This phone-hacking scandal by Murdoch’s organization has brought to the limelight the rot that the media industry might have become. Nonetheless, it is necessary that press right to freedom be upheld to ensure that newspapers and other media outlets disseminate information to the public without fear or favor. However, the necessary and effective control and regulatory mechanisms must be put in place by way of legislation and regulatory agencies. These legislations and agencies will ensure that only legal and ethical means are used to create stories and serve investors’ financial interests. Newspapers and other media outlets must also be wary of the legal and ethical concerns and implications of their practices, lest they fall victims of their own greed to make money and influence their readers’ perception and their public image. References Barendt, E. (2009) Media freedom and contempt of court (library of essays in media law). Ashgate Davis, H. (2003) Human rights and civil liberties. Willan. Dean, M. (2011) Democracy under attack: How the media distort policy and politics. Policy Press Duthel, H. (2011) Rupert Murdoch: the politico media complex mogul CreateSpace. Evan, R., and Mendel, T. (2011) Media regulation in the UK. Global Campaign for Free Expression. Fund for Free Expression, and Helsinki Watch (1991) Restricted subjects: freedom of expression in the United Kingdom. Human Rights Watch. Jenkins, S. (2012) "Leveson's phone-hacking show trial has a cruel virtue". London: The Guardian. Retrieved on July 23, 2012 from http://www.guardian.co.uk/commentisfree/2012/feb/28/leveson-phone-hacking-show-trial-cruel-virtue Jones, T. (1997) Human rights: group defamation, freedom of expression and the law of nations, first edition. Springer. La Monica, P. (2009) Inside Rupert's Brain (Portfolio).Portfolio Hardcover. The British Broadcasting Cooperation (2011) "Hacking inquiry: Core participant status for dozens". BBC. Retrieved on July 23, 2012 from http://www.bbc.co.uk/news/uk-14917056 The Guardian, and Roberts, D. (2012) The Leveson inquiry: a view from the courtroom (guardian shorts). Guardian. The Leveson Inquiry (2012) Competitive Pressures on the Press and the Impact on Journalism. The Leveson Inquiry. Retrieved on July 23, 2012 from http://www.levesoninquiry.org.uk/news-and-events/events/competitive-pressures-on-the-press-and-the-impact-on-journalism/ Watson, T., and Hickman, M. (2012) Dial M for Murdoch: news corporation and the corruption of Britain. Blue Rider Press. Wilkinson, N. J. (2009) Secrecy and the media: the official history of the United Kingdom's d-notice system (government official history series), first edition. Routledge. Wolff, M. (2010) The man who owns the news: inside the secret world of Rupert Murdoch, reprinted edition. Broadway. Read More