Journalists around the world are united by ethics. They must adhere to the fundamental principles of truth, accuracy and objectivity as they bring news and information to their audiences. They have a responsibility to report on political, social and economic affairs, imparting knowledge that is factual and unbiased without compromising the safety of their governments and citizens.
The field of journalism has expanded along with the rapid growth in technology and related forms of media, combining traditional publishing, writing and broadcasting with modern mediums in the audio, photography, video and design arenas. A course in journalism today expands the journalistic skills needed to meet these requirements.
Suitable for anyone with a desire to excel in journalism, the post-graduate masters in journalism online run by St. Bonaventure University covers everything from journalism ethics to storytelling and gives the latest insights into social media and data analysis techniques. The Master of Arts in Digital Journalism is a 30-hour credit program and takes approximately a year and a half to complete.
Journalism is a career that caters to people with a variety of interests, and you are certain to find a niche in one of the many disciplines.
The First Amendment
The First Amendment of the United States Constitution was adopted into the Bill of Rights in 1791, proclaiming that, amongst other things, Congress would make no law “abridging the freedom of speech or of the press.”
When first released, the first 12 amendments to the Constitution applied only to the federal government, and not to the states. In 1866, the Fourteenth Amendment was passed by Congress, extending the liberties and rights granted by the Bill of Rights to Black citizens.
A Due Process clause of the Fourteenth Amendment (also known as incorporation) recommended the inclusion of parts of the Bill of Rights into the states. However, the Fourteenth Amendment did not extend the Bill of Rights to the states, and citizens, both Black and White, embarked on a steady stream of dissent involving court cases and arguments.
Various Supreme Court judges have since recognized the First Amendment in numerous court cases that have taken place through the years, with opinions ranging from complete incorporation of the Bill of Rights to no incorporation.
There still seems to be a fair amount of contention around the subject of incorporation of parts of the Bill of Rights into the states. This means that the only regulating forces in professional journalism are, therefore, the civil courts, public pressure and self-regulation. The result is that publishing companies, media corporations and individual journalists often find themselves up against the law when contentious issues arise.
Self-regulation
Self-regulation means that newsrooms, media and advertising companies and individual journalists set their own regulations, and disciplinary standards are based on these self-imposed directives.
National security and prior restraint
Prior restraint is a form of censorship where written work is vetted by the government before being allowed to publish. This is in contradiction of the First Amendment’s freedom of the press statement. In various court cases that followed, there were indications that the Supreme Court generally disagreed with prior restraint.
In a historical example in 1971, the Nixon administration tried to prevent the New York Times and the Washington Post from publishing a document that had been released by the defense department, reporting on US activities in Vietnam. The appeal was made on the grounds that the report would jeopardize national security in the US. The Supreme Court found that the word ‘security’ was not strong enough to override constitutional freedom of speech and freedom of the press.
Reporters’ privilege
Reporters’ privilege is the protection of reporters under statutory or constitutional law from being forced to testify about confidential resources. In 1972, however, the Supreme Court held that in criminal matters, a reporter who is under the oath of a Grand jury may not invoke reporters’ privilege.
Compliance
Content liability
Content liability refers to the damage that is caused by a written work, whether it be in printed form or electronic, and an awareness of the repercussions involved is an essential part of the journalist’s skillset. It can take on many forms, including copyright infringement, intellectual rights, immorality, libel, trademark and design rights, infringement of confidence and privacy rights, and the breach of data protection rights.
Journalists have to be careful not to be obscene, libelous or malicious, and they may not be seen to be inciting incidents of crime or violence, to be in contempt of court, or to be blasphemous. When a published work has been found libelous, the offended party may sue the author, the publishing house, and even the distributors of the particular media.
With the rapid expansion of technology today, the ease of access to various forms of media has meant an increase in risk to people in their private capacity, businesses and the world of publishing and journalism.
Copyright
One of the main priorities of journalists is the adherence to copyright laws, not only in relation to the protection of their own material but also in relation to risking the infringement of another party’s copyright. The latter could lead to litigation and earning a bad reputation as a journalist. The copyright law prohibits the copying of and publishing of the works of authors in various literary fields, including written books, blog posts, journals, magazines and more.
One way to get around copyright laws is to apply to the owner of the copyright work for permission to use their work, or a section of it. If agreed upon, a contract may be entered into between both parties.
Ownership of a copyright can be transferred to someone else, where the original owner loses all rights to that specific piece of work. A license to use someone’s copyrighted work gives the licensee rights to use it but not exclusive rights to the work.
Moral rights
The underlying principle of moral rights is that the author has the right to be identified as the creator of a particular piece of work. This is known as the right of paternity or the right of attribution. Some countries go further and allow moral rights to be transferred to another entity. In some countries, authors may have the right to object to false attribution of work and the right to object to derogatory treatment of work. Authors have the right to remain anonymous or write under a pseudonym if they so choose. In the US, moral rights fall away once the author is deceased.
The US joined the Berne Convention in 1989 and changed its Copyright Act to suit. However, the US took a narrower view than those of the Berne Convention. In 1990, an amendment to the US Copyright Act by the Visual Artists Rights Act (VARA) allowed the visual arts similar copyright protection, extending moral and copyright protection to paintings, drawings, sculptures and photographs. However, mediums such as maps, motion pictures, electronic publications, applied art and posters are excluded from VARA. Artists’ rights are protected in much the same way as authors’ rights in the sense that they are able to lay claim to the authorship of their work and prevent distortion or mutilation of their art.
Public domain
Written material that is in the public domain is work that has not been protected by copyright. These works are owned by the public rather than individual authors or artists. However, no one person or entity can ever own it.
Someone can compile a book of public domain poetry and copyright their collection, but the individual poems may not be copyrighted.
Items end up in the public domain when the author has failed to copyright them or when the copyright expires. Some authors specifically dedicate their works to the public domain, or they fail to renew copyright when the time comes.
Advertising laws
The advertising fraternity also has its own laws. The Federal Trade Commission Act states that advertising must be truthful, fair, not deceptive, safe for consumers and evidence-based.
The advertising of children’s products, whether aimed directly at the child or indirectly at their parents, must comply with truthful advertising standards. The Federal Trade Commission goes one step further with specifics around the advertising of food to children and adolescents in an effort to combat the rising incidence of obesity, which begins in childhood and invariably continues into adulthood.
Other areas of marketing that should be taken seriously are health claims when promoting food and wellness products, such as vitamin and dietary supplements, self-medication products, and things such as the efficiency of hearing aids and contact lenses.
Green marketing
Many companies today advertise ‘green’ or environmentally friendly products. Whether in reference to the product or the packaging, both require accurate technical data regarding the validity of the claims made in advertisements and on the packaging as to the level of environmental impact and recyclability.
The environmental impact of a product is measured by its carbon footprint (the amount of greenhouse gas that is released into the atmosphere during the lifecycle of the product), its water footprint (the amount of water used in the manufacturing process of the product), its aquatic toxicity (the pollution sustained by aquatic systems), and the product’s biodegradability.
Laws exist around the labeling of products with ‘Made in USA’ claims. Some products are required to have a disclosure of the local content, and a quick reference to the Federal Trade Commission website gives a breakdown of the rules per product type.
Social media and the internet
As social media and internet communications evolve, so also do the laws surrounding the rights and protection of individuals and organizations. State and federal laws are regularly being introduced or upgraded to meet these needs, making it difficult for journalists to keep abreast and to stay on the right side of the law.
Influencers
Social media influencers are people who have the power to affect the purchasing decisions of others through their knowledge of the products. They form relationships with their followers, and people look to them for information before making decisions to buy the products. Many bloggers have websites that focus on particular products or services, and they also have an influence on buyers, creating an overlap between blogging and influencing.
The Federal Trade Commission has established influencer guidelines that require social media influencers to clearly define their relationships with brands when promoting their products. The reason for this is to eliminate deceptive advertising, which needs to be done in a way that is easily understood by their customers, with the use of statements or hashtags such as #sponsored or #ad. The Federal Trade Commission places the responsibility soundly on the shoulders of the influencer, encouraging them to comply with the laws against deceptive ads.
There are a few minor points that influencers may find useful:
- Don’t promote goods based on experiences that you don’t actually have.
- Don’t say that a product is good or outstanding when you think that it’s terrible.
- Don’t make technical or scientific claims about the product if the evidence is not at hand.
- Stick to the facts and don’t embellish them if the product is not worthy of praise.
Endorsements and testimonials
Endorsements are a form of advertising in which highly esteemed celebrities lend their name, signature or likeness to specific products for advertising purposes. Well-known organizations can also endorse a product. People recognize the personality or company, and the product automatically receives more attention than normal advertisements would achieve.
Endorsements must reflect honest beliefs, opinions or experiences. The statement of the advert may not be reworded in such a way as to distort the experience of the endorser. The endorser has to be a true user of the product. Endorsers need to be aware that they can be liable for false advertising claims.
How can journalists ensure that they are keeping up with the changes?
Journalists working in publishing house environments and large media corporations are likely to be kept up to date in the interests of their employers. These organizations keep themselves informed and establish their own in-house sets of rules. The journalists receive updates and training if necessary and have the support of their employers when there are decisions to be made around conflicts between ethics and accurate reporting, for example.
For those who work in a broader domain, self-regulation is likely to be the course of action when it comes to staying up to date with the latest publishing laws and copyright and advertising regulations. Staying compliant should be treated as a priority, and ongoing training in the latest technology tools may be a consideration for independent journalists.
Information regarding updates to publishing and media laws can generally be found on the various government websites, such as the Federal Trade Commission, which constantly updates its website with current legislative changes. Some legal firms publish articles and blogs pertaining to the legal rights of journalists.
Numerous professional journalism societies exist, offering aid and support in journalistic endeavors, discussions around ethical points, and information on recent updates to policy and laws.
Be cautious, knowledgeable and up to date
Successful journalists make sure that they are constantly informed regarding the latest changes in publishing and social media laws, and that their work is compliant. The internet offers a wealth of information when it comes to getting updates on laws and regulations. Journalists can join the discourse in various chat groups, and they are able to improve their knowledge and qualifications in the field of journalism by means of online studies.
Journalism is an exciting field that caters to various interests – photography and video, reporting and broadcasting, politics or environmental issues and much more. It involves travel, meeting people and experiences that last a lifetime. If you are considering pursuing a career in journalism, why not look into enrolling on a course?
