Media ethics and hidden cameras assignment

Todd never confirmed or denied any of the sex/drug related allegations. Todd was not charged under law or penalised by the Olympic Committee. Ethical Considerations There are a number of ethical issues surrounding the two cases. Whilst Fahey and Todd were embroiled in different scenarios, there are similar principles at stake. The focal one is the use of covert recording equipment. It is startling to learn that “ hidden cameras have been contentious in journalistic practice since their first use almost a century ago” (Wilkins ; Coleman, 2005, p. 6). A recent notorious ‘ hidden camera’ case relates to the American ABC television channel being sued successfully by Food Lion after ABC infiltrated the workforce in 1992. To the public this meant justice was served because media seemed to stop at nothing to get/manufacture a story. However, for journalists it meant that disallowing hidden cameras was counterproductive to highlighting a public health matter which needed addressing (Wilkins ; Coleman, 2005).

This illustrates that the media and its publics are at odds over what is acceptable regarding means of gathering information, even when the media is professing to exercise its traditional watchdog brief. As it happens, Food Lion never spoke to the accusations of unsafe food practices but concentrated on the larger issue of how the damning material was gathered. Similarly, Mark Todd never responded to the accusations against him and any comments were confined to the manner in which the photographs were obtained and the detrimental effect on him, his family and his eventing career.

Morgan Fahey was a long-established doctor as well as a civic figure, who had done much to improve community life. Mark Todd was a successful sportsman and a role model for young New Zealanders. Todd was filmed partaking in his private life with photographs and commentary printed in a national UK newspaper. Fahey’s privacy was also invaded twice: firstly in his surgery during the covert filming and again when the film was shown on New Zealand national television. The right to privacy should be available to all but this does not suit the paparazzi who need to justify their virtual stalking of many figures.

However, as is recommended by the NZPC, privacy should make way for matters of concern to the public interest, which although a nebulous concept, apparently trumped both Fahey’s and Todd’s right to privacy. Their actions needed to be made ‘ un-private’ because it seems public figures cannot expect a private life (unlike the rest of the population). Contribution of Outcomes The NZ Broadcasting Standards Authority (BSA) became involved with Fahey’s case when complaints were made on his behalf. The BSA is concerned with occasions of the public being deceived which was found not to be the case, i. . there was no ‘ doctoring’ of the recording. Whilst the BSA noted there was a prima facie breach of Fagan’s privacy, it decreed that the media’s actions were justified under the circumstances (BSA Decision, 2000). The Todd incident occurred in the UK which made it beyond the country’s jurisdiction and added to its remoteness for New Zealanders. The first difference between the two cases lies in the outcome which saw Fahey confess and be convicted. Adultery and sexual preference are private atters, but taking Class A drugs is illegal (it was alleged that Todd consumed marijuana and cocaine). No action was taken against Todd by any authority, anywhere, the result more akin to ‘ not proven’. However, the fact remained that Todd had been filmed and ‘ something’ had occurred, fuelled by Todd’s camp making no comment either way, choosing to emphasise the unfounded personal intrusion and distortion. Todd’s case was helped too because of the dubious reputation of the Sunday Mirror which had seemed to set up Todd purely for the sake of a revenue-generating story.

The reaction of public institutions to the allegations against Fahey was skewed most probably because he was such a prominent figure who had won awards (many of which he was latter stripped of). This was manifest in that he was not struck off until five months after arrest and the Christchurch City Council granted him four months’ paid leave (Langwell, n. d. ). The Olympic Committee probably search for performance-enhancing drugs given to the horse rather than the recreational kind used by riders. However, marijuana and cocaine are illegal and the Olympic ethic could be undermined f a world champion and role model was found to have a drug habit. The fact that the Olympic Committee stayed loyal to Todd from the outset could well have impressed the public ??? many of whom quite possibly also rallied, taking the view that his alleged unseemly actions were not cause for public outrage, more a matter between him and his family. This refers again to the idea that the other party in the Todd case was most likely paid by the Sunday Mirror and the paper would accrue revenue for printing the story.

Todd’s camp responded by stating that it was a “ squalid tabloid newspaper set-up” that was an “ unjustifiable and disgraceful intrusion” (Todd accused, 2000). Todd maintained throughout that there were “ many distortions and untruths” in the story. What is interesting about Todd’s circumstance is to wonder if someone in his position, in the current ‘ kiss and tell’ era, would take such risks. Regulation & Trial by Media The media is mainly self-regulating as evidenced by the principles evinced by the EPMU and NZPC, backed up by the BSA and interpretation comes into play on a case by case basis.

Whilst the Fahey footage was not a confession, it must have contained enough elements to finally galvanize the Police into action. The NZPC and the BSA both behove journalists to resort to subterfuge when other avenues of gathering information have been exhausted. Due to the Fahey outcome it can said that the media was right to exercise its watchdog role and employ subterfuge. Apparently the Todd material was ambiguous with the actual meaning unclear and the Sunday Mirror does not have a reputation for a watchdog with much integrity.

The paper came second right behind the (now defunct) News of the World (NOTW) in research from Morrison and Svennevig (2007) scaling papers more likely to intrude into personal lives. The same poll found that 68% of respondents thought papers more likely to intrude than TV news and the intrusion was into love-lives. It seems unlikely that the Sunday Mirror went to the Police, or any other moral guardians, with negative information about Todd before embarking on its subterfuge and decision to publicly release their ‘ find’. Links with Recent News Stories

This incident was another case of the ‘ public’ becoming ‘ private’, i. e. Mike Tindall should have felt secure in the confines of the hotel ??? a public place ??? without having to consider whether his private life would become compromised. Whilst it was ethical to have CCTV cameras, there was no justification for publication. In September 2011, the NZ Supreme Court ruled that covert filming could not take place on private property. The SIS has for many years monitored private properties but this is now illegal in line with the Supreme Court decision over the recent Urewera issue.

Due to the importance to national security the government were intent on implementing an interim measure to overcome this contradiction (Cheng, 2011). Whilst many may not believe that terrorism and the like could occur in this country, there is still a duty to protect visitors and citizens from the possibility. This could be regarded as a situation where individual rights would have to give way for the greater good – a social responsibility. The last example of recording/broadcasting without permission goes back to 2002 but is mentioned here as it illustrates a horrendous extreme.

Morrison ; Svennevig (2007) have posited an alternative paradigm, that of ‘ social importance’; a tenet of which is that the public are not entitled to know everything, following Kieran’s argument (2000). Another issue is if important news can be conveyed without images, especially when that action could betray the privacy of unfortunate participants and their families. Whilst the public will watch anything it does not follow that they are entitled to do so. Issues of privacy become blurry, an example being the 200 people who fell from the World Trade Centre towers in September 2011.

The authors found that interviewees linked public interest and privacy to taste and decency. It was found that there had to be an impact on groups of people, felt in a personal way. Fahey’s behaviour had an undeniable adverse impact on many, whereas the Todd example had little or no impact on community groups. The researchers conclude that: “ the term ‘ social importance’ appears … to capture all that ‘ in the public interest’ refers to without the associated operational difficulties of the latter … and social importance can be scaled from very high social importance to very low” (p. 1). This scale also aids in deciding level of acceptable intrusion. Conclusion Deciding the rights and wrongs about filming, whether it be overt, covert and when it is justifiable are made much more complex when so many have sought notoriety, from the glut of reality TV to allowing 24 hour global webcam access to one’s bedroom as did Jenny Ringley from 1996 (http://en. wikipedia. org/wiki/Jennifer_Ringley). Was it ethically justified that media employed covert recording equipment to obtain data in the Fahey and Todd cases. This question can be answered by urther asking if it was it of social importance that Morgan Fahey abused patients over decades and if Mark Todd might be bisexual and might not be averse to relaxing with drugs. I would suggest ‘ yes’ on both counts for the former (Fahey) and ‘ no’ on both for the latter (Todd). This conclusion has been reached by comparing pertinent issues such as: right to privacy, private versus secret behaviour, media watchdog role, penalties incurred, media motivation, victim status, the contribution of technology and inadequate media regulation. The cases overlap but closer comparison shows, much more importantly, where they differ.

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