By Casey Bukro

A ban on naming sexual assault victims has been one of the ironclad ethics rules in journalism. Why inflict more pain on an innocent person?

The Society of Professional Journalists code of ethics says: “Be cautious about identifying juvenile suspects or victims of sex crimes.”

Yet even this rule is coming into question as people decide what rules they want to follow.

For example, Stephen J.A. Ward, a media ethicist, points to the trial of Jian Ghomeshi, a former Canadian Broadcasting Co. radio host. Ghomeshi is charged with sexual misconduct involving three women in 2002 and 2003.

One woman insists on being identified. The others’ identities are protected under Canadian law.

“So what should newsrooms do if the complainant insists on being identified?” asks Ward. “It’s a complex legal and ethical decision.”

Ward described how identity bans work under Canadian law. But two trends complicate the issue.

“One trend is the growth of media beyond the mainstream journalism that was the original focus of the ban,” he writes. “Social media, bloggers and others may ignore the ban. The second trend is that some people want to be named” and “may use social media to identify themselves as a complainant.”

Once the name is ‘out there’ in the media world, it’s very difficult to erase.

One of the central rules in journalism ethics is minimizing harm. Ward reasons that this means explaining consequences, to make sure complainants give informed consent to the use of their names.
The problem prompted the Canadian Association of Journalists ethics committee to release guidelines. The committee suggests journalists take specific steps to ensure informed consent:

• A journalist should explain that, once a complainant’s name is made public, other media likely will use the name too.
• A journalist should explain that that the name likely will be used on social media, over which the journalist has no control. Individuals on Facebook, Reddit or other social sites will post comments. Some of them “can be vile.”
• A journalist should explain that, once the name is “out there” in the media world, it’s very difficult to erase.
• A journalist should not pressure complainants to make their names public.
• A journalist should explain that, given the nature of search engines, the sex crime report might be the first thing that appears when someone does an Internet search of the complainant’s name. Has the complainant thought about the information being available indefinitely when applying for jobs, entering into relationships or having a family?

The guidelines report also advises journalists to give complainants a day or two to think about their decisions before making their identities public.

“Taking that time up front will almost certainly reduce the likelihood of ‘source remorse’ and the possibility of an unpublishing request later.”

The CAJ report also reminds journalists that they are obligated to tell the whole story, not just the complainant’s viewpoint. The 2014 Rolling Stone magazine story about an alleged campus rape turned out to be bogus because it was based on the allegations of one person. Sex crimes often involve conflicting viewpoints.

The Canadian ethics panel suggested, as an alternative to an “all-or-nothing approach,” considering refusing to share a story through social media channels, not archiving stories that name victims or removing names from a story. But these actions could raise more ethics concerns.

The Bill Cosby case is an example of the complications in alleged sex crimes. Controversy can simmer for decades. Journalists and authorities have been accused of protecting the popular entertainer. Some women kept silent in the belief nobody would believe them. Years later, some identified themselves as women who were allegedly drugged and sexually assaulted.

Years ago, sexual assault was a crime that people hesitated to talk about under social norms. That has changed. Television and the online media discuss and show sexual situations openly. It’s the new norm.

Still, it’s a good idea for journalists to keep in mind the golden rule: Minimize harm.

Edited by Stephen Rynkiewicz