Category Archives: Conflict of interest

The Peeping Tom Chronicles: Gay Talese’s New Journalism Tease

Gay Talese
Author Gay Talese (Wikipedia photo)

Update: “I should not have believed a word he said,” author Gay Talese said after the Washington Post informed him that property records showed that the subject of his latest book,  a Peeping Tom motel owner, did not own the motel from 1980 to 1988. While Talese disavowed his latest book in the Post’s report, he and his publisher defended the book to the New York Times.

By Casey Bukro

One questionable ethical episode after another piles up in the New Yorker’s excerpt of a forthcoming Gay Talese book. In “The Voyeur’s Motel,” a serial Peeping Tom owner of a motel might have witnessed a possible murder. He invites Talese to join him in secretly watching a couple have sex.

By Talese’s own admission, there’s reason to believe some of the story is not true.

It’s possible the New Yorker was swayed by the author’s fame in publishing a titillating account of voyeurism. The Aurora, Colorado, motel owner kept detailed written accounts of what he saw through the ceiling ventilating system grille openings over more than a dozen rooms. Talese writes that he could not verify some details, including the murder. He shrugs it off as poor record-keeping.

Although the motel owner, Gerald Foos, admits to being a voyeur since the age of 9, he considers himself a researcher of human sexual habits. Talese knows the subject as well, having explored it in 1981’s “Thy Neighbor’s Wife.” He’s also an inventor of New Journalism, a style that depends heavily on subjective observation.

“Over the years, as I burrowed deeper into Foos’s story, I found various inconsistencies – mostly about dates – that called his reliability into question,” Talese wrote in the New Yorker excerpt. Most editors might balk at publishing a story on which the writer himself casts doubt upon its reliability. But the New Yorker forged ahead.

At least Talese points to the holes in his story. Under the rules of Old Journalism, that would have qualified “spiking” the piece.

Continue reading The Peeping Tom Chronicles: Gay Talese’s New Journalism Tease

Muzzled Columnist Quits Las Vagas Review-Journal

Las Vegas Review-Journal photo
Las Vegas Review-Journal photo

By Casey Bukro

The proverbial other shoe dropped in the case of Las Vegas casino mogul Sheldon Adelson, who secretly bought the Las Vegas Vegas Review-Journal after days of denial.

The newspaper’s columnist John L. Smith resigned in protest after being told he could not write about Adelson or Steve Wynn, both Vegas casino magnates who unsuccessfully sued Smith for libel and drove him into bankruptcy through legal fees.

The paper’s editor, J. Keith Moyer, argued that it would be a conflict of interest for Smith to write about two of the most powerful men in town, who had sued him, not for his work on the newspaper, but for books he had written about them.

The one mentioning Adelson was titled “Sharks in the Desert.” The other book was titled “Running Scared: The Life and Treacherous Times of Las Vegas Casino King Steve Wynn.” Clearly, neither book offered much sympathy for either power player.

But this is a story about fabulous Las Vegas, a town with an explosive history of gambling, gangsters, show-business megastars, showgirls and entertainment. It’s in a constant state of drama or turmoil. All you have to do is walk through the downtown casinos at 3 a.m. and see the action on the roulette and blackjack tables to know things don’t slow down there.

Continue reading Muzzled Columnist Quits Las Vagas Review-Journal

Clinching the Debate: Is Hugging Political Candidates Unethical?

By Casey Bukro

All is fair in love, war and politics. But do they mix?

Critics say Rachel Maddow, MSNBC television host and political commentator, crossed a line when she hugged Democratic presidential contenders Bernie Sanders and Hillary Clinton after a televised debate.

Rachel Maddow hugs Hillary Clinton and Bernie Sanders
Rachel Maddow hugs Hillary Clinton and Bernie Sanders.

Maddow says she’s a hugger, and probably will hug again if invited to host another debate regardless of political party.

Conservative Fox News analyst Howard Kurtz is among those who object. “She shouldn’t have been on that stage as moderator,” Kurtz writes on foxnews.com. “She is an unabashedly liberal commentator who rips the Republicans every night on her program. She should not have been put in that position.”

Kurtz acknowledges that Maddow is a smart lady, a Rhodes scholar with deep knowledge of the issues. But as Kurtz sees it, the hugs restrict MSNBC’s efforts to shed its left-wing label and rebrand itself as a news network.

Brit Hume, another political commentator, tweeted about the clutch play, saying “I don’t think I’ve ever seen a moderator do that before.”

Washington Post media critic Erik Wemple shrugs it off.

“Consider the hugs through the prism of journalism ethics,” writes Wemple. “Were they transparent? Yes, there’s a video of the hugs, which took place in front of the cameras; any clandestine backstage moderator-candidate hugging is strictly forbidden. Were they even-handed? Yes, both Sanders and Clinton received hugs of very comparable warmth, duration and hand-pats. Were they prejudicial? Nah, coming at the end of the event, it’s hard to say that the affection received by Maddow influenced the questions, which were solid.

“So, that’s the verdict, considering that there doesn’t appear to be a hug provision in the Society of Professional Journalists’ code of ethics.”

True, the code does not outlaw hugging specifically. But it does warn against conflicts of interest, “real or perceived.” And it urges journalists to “remain free of associations and activities that may compromise integrity or damage credibility.”

Those tenets apply to this case, which is why some journalists might do a double-take at Maddow’s embrace.

In a later blog post, Wemple returns to the debate-ending squeeze. “The industry’s orthodoxy dictates that those with opinions shouldn’t be running such straight-news events. Count me out of that strain of hollow thought. We’ll take Maddow over some ‘objective’ drone every time,” he writes.

Which is to say journalism standards and customs change over time. Lines are drawn and redrawn. And journalists will agree or disagree. It’s the nature of ethics.

That Herman Hupfeld song from the movie “Casablanca” comes to mind, “As Time Goes By.”

“You must remember this, a kiss is just a kiss, a sigh is just a sigh. The fundamental things apply as time goes by.” Nothing there about hugs.

In your view, was Maddow wrong? Leave a reply below.

Edited by Stephen Rynkiewicz.

Professional journalists with ethics questions may contact us at ethicsadvicelineforjournalists.org.

Secret Vegas Deal: Adelson’s Bet on Journalism

Sheldon Adelson
Sheldon Adelson, chairman and CEO of the Las Vegas Sands Corp. Photo by the Las Vegas Review-Journal.

By Casey Bukro

The stealth purchase of the Las Vegas Review-Journal by casino magnate Sheldon Adelson had journalists guessing for a week about the identity of the new owner and had some fuming over a lack of transparency, a prime tenet in media ethics these days.

But why should we be surprised by all this?

Very rich men often play by their own rules and get away with it. Even in media, top executives sometimes believe they are exempt from the ethics standards they hand down to their employees.

Journalists are warned against forming close personal ties with the sources they cover in case of conflicts of interest or an appearance of conflict. Publishers, however, party and play golf with the high and mighty covered by their staffs and call that good business.

They see themselves as business men and women, not journalists. In this case, we’re talking about a businessman in the Las Vegas casino business, where razzle-dazzle is the way the game is played. The house always wins.

Politics makes it more complicated. Adelson reportedly declined mentioning his purchase of the largest Nevada newspaper, even denying it as first, because he did not want it to distract from the fifth GOP presidential debate being held at the time in the Venetian resort hotel casino owned and operated by the Las Vegas Sands Corp., of which Adelson is chairman and CEO.

Clearly, politics took priority. And that might offer a clue into some of the leading questions in Las Vegas these days, such as what does Adelson want, and what does he intend to do with the newspaper?

Continue reading Secret Vegas Deal: Adelson’s Bet on Journalism

Health Care Freelancers Face Tough Ethics Challenges

By David Ozar and Casey Bukro

Freelancing is a tough way to make a living – even tougher as downsized journalists turn to freelancing.

For writers specializing in health care, it’s especially challenging because of the ethics issues faced in navigating the cross connections between clients who want stories written for them or about them. Or both.

“Ethical guidelines for subspecialties may vary,” Tara Haelle in an email exchange with the Ethics AdviceLine for Journalists.

A freelancer herself, Haelle traced the obstacles in a story that appeared on the Association of Health Care Journalists website.

Tara Haelle
Tara Haelle

Haelle calls it the conflict-of-interest maze: “Ensuring that work for one client doesn’t create a conflict for another, present or future.” Though that might sound simple, Haelle said it isn’t because freelancers work for companies, journalism publications, universities and foundations or as consultants.

Haelle went to several sources, asking how she can avoid ethical conflicts of interests under the conditions in which she works and found that ethical guidelines vary. One source said “there’s no clear answer.” Another said journalists should “decide for ourselves what we think is ethical behavior.”

That sounded like a challenge for the Ethics AdviceLine for Journalists, which has a staff of five university ethicists to answer questions of the kind posed by Haelle.

One of them, David Ozar, is professor of social and professional ethics in the department of philosophy at Loyola University Chicago. AdviceLine asked Ozar to read Haelle’s story and offer his perspective on how he would have answered her call for guidance on ethics.

Continue reading Health Care Freelancers Face Tough Ethics Challenges

GamerGate Revisited: Is It Really About Journalism Ethics?

AirPlay

By Casey Bukro

Is GamerGate about ethical violations in video-game journalism?

Or is GamerGate just a smokescreen for harassing women who want to work in the male-dominated gaming industry?

Or is it something else?

A live-streamed debate will sort it out Aug. 15 in Miami.

Elements in the controversy include the $15 billion video game industry, the video game press, game reviewers, developers, commentators and those who sell advertising in gaming magazines. It’s a volatile mixture.

Michael Koretzky, a regional director for the Society of Professional Journalists, organized the conference and will moderate. His region covers Alabama, Georgia, Florida and South Carolina. Sponsors are the region and SPJ Florida.

AdviceLine questioned Koretzky on the key issues:

Continue reading GamerGate Revisited: Is It Really About Journalism Ethics?

Searching for the Limits of Ethics

By Casey Bukro

Some media people find it impossible to forgive Brian Williams, saying he tainted journalism through false reports.

A cascade of shame enveloped the former NBC anchor, demoted and vilified after saying repeatedly that he was aboard a military helicopter that was forced down over Iraq by enemy fire. Turns out that happened to another military helicopter, not the one he was riding.

Williams’ career began unraveling as other reports were called into question.

From a strictly ethical viewpoint, how should Williams be judged? He admitted he was mistaken about the helicopter incident and apologized.

Ethically, are there limits to forgiveness? Is it best to forgive and forget? Is he forever tainted, or is he allowed to get beyond it and redeem himself?

These questions were posed to AdviceLine’s team of ethicists.

Nancy Matchett, who teaches ethics at the University of Northern Colorado, answered this way:

“Philosophers understand ethics as ongoing reflection about ‘how one should live.’ In the professional context, that means ongoing reflection about the principles that should guide one’s work and how they apply to the concrete choices one faces every day. Ethics doesn’t exactly have a beginning or end.

“And, with respect to the Williams affair, we can evaluate his choices since the incident, and the choices of the network, as well as the original mistake.”

I asked Matchett if that suggests we should judge Williams and the aftermath by what he does from now on?

“Sure, that’s part of it,” said Matchett. “But I guess what I’m also trying to emphasize is that the fact that any particular bit of conduct that was good, bad, etc., is never ‘the whole story about Williams’ ethics.’ There is no whole story, except perhaps after a person is dead, because characters are never wholly fixed.

“What he does from now on should be judged in light of the fact that we know he is at least careless and at worst inclined to stretch the truth for the sake of a story.”

I told Matchett that appears to raise the issue of redemption.

“I don’t really have anything to say about redemption,” said Matchett. “Whether another person, or ‘the profession,’ forgives Williams doesn’t change his act from wrong to right. It acknowledges that his character isn’t all bad and that the mistake was in some sense ‘understandable’ given the various pressures he was under. And just to be crystal clear, note that ‘understandable’ is not the same as ‘justifiable.’ Or as we say in my business, an explanation is not the same as an excuse.

“As for people finding it ‘impossible to forgive,’ that’s a psychological issue or question, not the ethically central one. The ethically central issue is whether forgiveness is morally appropriate, whether people should do it, which is a little different from whether they can. … If it’s not appropriate, then folks are doing the right thing by refusing to forgive.

“But in general, I think any network would be foolish to leave him as an anchor on their main show. He has harmed his own and the network’s credibility. Even if the network execs were convinced that it was a forgivable mistake and his journalistic integrity could be counted on in the future, the average viewer surely doesn’t know Williams well enough to decide whether to trust him again.”

David A. Craig, another AdviceLine ethicist, who teaches ethics at the University of Oklahoma, sees it a different way:

“It troubles me that Williams seems to deflect responsibility for his untruths by saying he did not intend them. Journalists, especially those in roles as high profile as his, have a responsibility for every word that comes out of their mouths in a formal journalistic setting.

“If this were a single brief slipup in language, that would be different. But he was untruthful more than once about his experience in Iraq. Every viewer now has reason to question his trustfulness in the future. By failing to fully take responsibility for his words, he gives his audience ongoing reason to doubt.”

Reason to doubt Williams first emerged when military publication Stars and Stripes challenged his account of being aboard the helicopter that was forced down over Iraq.

NBC suspended Williams for six months without pay, then stripped him of his duties as anchor of NBC Nightly News.

As Matchett points out, we don’t know “the whole story” about Williams yet. Already, he is the subject of jokes and spoofs by the likes of Harry Shearer.

Forgiveness happens on two levels, personal and professional.

Journalists are notoriously soft on each other, and hard on everyone else. Journalists don’t like to criticize or censure other journalists. So, personally, they are likely to forgive Williams by finding that morally appropriate, as Matchett put it. They will write about ethical transgressions, but that’s not the same as taking a personal stand.

Professionally, it’s hard to forgive an act that weakens public trust in the integrity of journalism, which rests on a foundation of truth. The Society of Professional Journalists code of ethics begins with this tenet: “Seek truth and report it.”

Falsehoods damage the profession, and cannot be tolerated.

CBC Acts Fast, NBC Acts Slow

By Casey Bukro

Consider the differences in the way Canadian and United States broadcasting officials reacted when their star performers got into trouble.

The Canadian Broadcasting Corporation swiftly fired political anchor Evan Solomon, one of the biggest names in Canadian journalism, for moonlighting as a fine arts broker.

NBC is still trying to decide what to do about high-profile anchor Brian Williams, who was suspended for six months in February for saying he was aboard a helicopter over Iraq that was forced down by enemy fire, which proved untrue. Reports say Williams’ lawyer is making negotiations “excruciating” for NBC as it tries to decide what to do with Williams.

The comparison is interesting because both Solomon and Williams have been described as among the biggest media names in their countries.

Canadian Broadcasting Corporation, officially known as CBC/Radio-Canada, serves as the National Public Radio and Television broadcaster.

CBC acted swiftly after the Toronto Star reported that, for commissions of about 10 percent, Solomon had been working with a Toronto art collector and had earned at least $300,000 over two years, and believed he was entitled to another $1 million.

Solomon had disclosed to CBC in April that a production company he owned with his wife had a business partnership with an art dealer that would not conflict with his CBC News work.

After an independent investigation, CBC/Radio-Canada CEO Hubert Lacroix said Solomon was fired to protect “the integrity of the content and the journalism that we make.”

Reaction at CBC reportedly was mixed with anger and frustration, in part because of other ethics issues that had surfaced in the past. Some called it a “disproportionate response” and Solomon could appeal.

Tim Bousquet, editor and publisher of the Halifax Examiner, called what Solomon did a “crime against journalism.”

CBC’s sensitivity to ethical lapses no doubt was heightened by the earlier downfall of another CBC star, Jian Ghomeshi, who was fired for rough sex with women. He is facing trial on charges of sexual assault and choking.

The Guardian quoted critics who said the broadcaster’s decision to “groom celebrity journalists” led to a “corrosive culture” of stars with tremendous power and little self-restraint. Said one: “When you create these celebrities, you create monsters.”

Meanwhile, the Brian Williams case drags on. After suspending Williams, NBC reportedly found other instances where the anchor had exaggerated his involvement in events. Williams had apologized for the helicopter event, after military sources pointed out that Williams was not riding in a helicopter that was forced down by enemy fire.

“This was wrong and completely inappropriate for someone in Brian’s position,” Deborah Turness, president of NBC News, said in a memo.

The outcome remains to be seen. The suspension ends in August.

Nothing so far has been finalized in the Williams affair, reported columnist Lisa de Moraes, calling it a media cliffhanger.

The case drew attention from The New York Times. It said the episode “has called into question not only the credibility of Mr. Williams but also the ethics and culture of NBC News.”

Politico media writer Jack Shafer writes that Williams knows he’s dead, but is negotiating the terms of his burial.

In Vanity Fair, correspondent Bryan Burrough says the newsman is too damaged to return to the anchor’s desk. Burrough toyed with possibilities for a return.

Clearly, there are cultural and historical differences between Canada and the United States, as anyone who has traveled the two countries can attest. But maybe it’s possible to generalize and say that among the similarities between the two countries, which are fast allies, is a faith in media ethics. The details usually are messy, but ethics matters.

Donations Might Help to Define a Journalist

By Casey Bukro

One of the questions roiling journalism’s waters these days is, what defines a journalist?

One of the answers sometimes given is that a journalist is defined by what he or she does — committing acts of journalism like writing, reporting, editing or producing something that gives people information.

Usually standards exist for doing those activities, such as the Society of Professional Journalists code of ethics.

Lately, though, some broadcast journalists have shown that they might be confused about those standards, or simply ignored them. Or, are they leading the way toward a new era when broadcast opinion and partiality are overwhelmingly becoming the standards?

The most notorious case is Brian Williams, the NBC anchor who was suspended without pay for six months, for falsely reporting that he had been on a helicopter shot down in Iraq. Actually, another helicopter had been hit by a rocket-propelled grenade and forced down.

Williams apologized for the exaggeration, saying: “I don’t know what screwed up in my mind that caused me to conflate one aircraft with another.” The military publication Stars and Stripes had reported that Williams’ account of the incident was inaccurate.

“The episode has called into question not only the credibility of Mr. Williams but also the ethics and culture at NBC News,” The New York Times reported. NBC is investigating whether Williams exaggerated other reports, and will decide whether Williams returns to his post.

The SPJ ethics code says: Seek truth and report it.

Less prominent is the case of ABC News analyst and anchor George Stephanopoulis, who apologized for donating $75,000 to the Bill, Hillary and Chelsea Clinton Foundation without disclosing his donation to the network, as required. The donations were reported in the foundation’s public disclosure.

“We accept his apology,” ABC said in a statement. “It was an honest mistake.”

Stephanopoulos called the donations an “uncharacteristic lapse.”

His actions led to demands that Stephanopoulos recuse himself from all 2016 election coverage.

Critics recall that Stephanopoulos served President Bill Clinton as a political strategist before moving into broadcasting, despite allegations that he lacked journalistic objectivity.

“But with his acknowledgment that he had given a significant sum to the Clinton Foundation, he found himself facing accusations that he was effectively trying to buy favor with his former employers as Mrs. Clinton seeks the presidency for a second time,” reported the New York Times.

The Stephanopoulos disclosures prompted Judy Woodruff, PBS News Hour co-anchor, to make an on-air disclosure of her own: She said she gave $250 to the Clinton Foundation “for charitable purposes.”

The SPJ code says: Be accountable and transparent. It also says: Avoid conflicts of interest, real or perceived.

But are traditional standards and values still important, now that opinion or advocacy journalism are so widespread online? If those traditional standards were as entrenched as they seemed during Walter Cronkite’s day, when he was considered one of the most trusted men in journalism, perhaps Williams and Stephanopoulos would not have overlooked them so easily till they were caught.

Add to their stumbles the recent case of Rolling Stone, which apologized for reporting an alleged gang rape on the campus of the University of Virginia, a story based largely on one anonymous source. The story later was discredited by police and Rolling Stone was sued.

These cases, says Stephen J.A. Ward, a University of British Columbia ethicist, point to a “striking fragmentation” in journalism ethics and how they are applied, holding some anchors and reporters to the ideal of objectivity and independence while others are not.

“This only points to the utter breakdown of any consensus on journalism ethics,” said Ward.

The SPJ ethics code says: Boldly tell the story of the diversity and magnitude of the human experience.

With changing perspectives in journalism, it’s important for news organizations to adopt written standards, so employees understand the standards that govern their organization. As journalism changes, these standards might change depending on how news organizations define themselves.

Their audiences, too, benefit from knowing what to expect.

Journalists Working for Community Groups Face Hazards

From the Ethics AdviceLine for Journalists Archives

By Casey Bukro

Editors and publishers often are asked to serve as volunteers on civic groups.

Of course,  community groups might hope to get some publicity, and media management wants to serve their community. But is this symbiotic relationship good for journalism?

That’s what an editor for The Free Press, in Mankato,  Minn., wanted to know. She called AdviceLine in 2004.

She pointed out that an editor, especially in a smaller city, is regularly being pressured by  newspaper owners to be involved in community service like the United Way board. There is benefit, she said, for the editor’s work because you learn a lot about the community this way.

It also supports the paper’s message to the community that the paper cares about the community, she said. These are good things.

But at the same time it sends a mixed message to your reporters because, at a minimum, it looks like you are breaking the barrier between editorial and business; that you are schmoozing with the community’s power brokers like a publisher does rather than staying on the news side of the organization. She wanted to know what to do about this?

The AdviceLine consultant answered this way:

The first thing to say is that an editor who has to do such things needs to make sure she does not influence reporting about these organizations at all, because that would clearly break the barrier between reporting and business influence.

The editor is conscientious about not being involved in reporting about civic groups by leaving that entirely to the reporters assigned to those beats. Her concern is not that this activity is actually compromising anything in that way, but that her staff sees her going out to these things and wonders if there is compromise involved.

“I suggested that she sit down with them and talk it out, how she is being pressured by the owners for this and its benefits and her concerns about the ethical barrier,” said the adviser. “She could ask them for advice about it and elicit their help in making sure that the barrier is properly protected. She thought this was a good way to proceed.”

AdviceLine is always curious about what happened after journalists contacted AdviceLine. So, 11 years later, AdviceLine spoke with Joe Spear, managing editor of The Free Press. The editor who called AdviceLine has since left the newspaper, but Spear recalls working with her.

In 2004, said Spear, it’s possible that the newspaper did not have a policy governing the situation she called about. But in 2005, the newspaper was taken over by new management, Community Newspaper Holdings, Inc.

The new company “does have a handbook and just last week we went through the guidelines,” he explained.

The corporate handbook encourages journalists to “participate in worthwhile community activities, so long as they do not compromise the credibility of news coverage or the independence of the newspaper. Avoid involvement in organizations or activities that could create a conflict of interest or an appearance of conflict.”

Also,  “do not use CNHI or your CNHI paper’s connections to benefit you or your family, or to benefit a third party.”

A leading publisher of local news, CNHI serves more than 130 communities in the United States. The privately owned company is based in Montgomery, Ala.

Some cases are not always clear-cut.

“We have a photographer who teaches a photo class at a university in town,” said Spear. “He gets a paycheck. Is that a conflict? We leave it up to the editor and the publisher. If it appears to be a conflict of interest, we say we can’t do it.”

The AdviceLine consultant who handled the case commented: “The question isn’t whether conflicting interests exist, but whether the result is harmful in that it inhibits the editor’s or reporter’s exercise of sound professional judgment about something (or is highly likely to lead others to assume such harm will occur, as was the question in the original case).”

Another member of the AdviceLine team said it’s unfair to assume that civic boards invite journalists for the publicity.

“In my experience, they’re looking for someone with contacts in the community, or someone who can represent a major employer or its union, or someone who can take minutes or knows the web.

“Of course, they might want publicity eventually — or might NOT want publicity for something on the agenda. The journalist will want to think about how to handle that. But don’t discount the other reasons nonprofits may seek out people of honesty, talent and energy.”