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Outing Priests Ethically

Case Study, Minimizing Harm, Weighing Benefits and Harm, , , , , , ,

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By David Craig and Casey Bukro

Ethics AdviceLine for Journalists

“A thorny issue is coming up about outing priests,” said the Texas independent documentarian, who was treading new journalistic territory, where changes in public sentiment bring new questions about what is ethically correct.

The journalist was investigating cold cases, involving swirls of rumors that priests having sex in motels with other men were murdered. The priests’ bodies were found nude and bound, possibly victims of sex or hate crimes.

“We can confirm those things were happening,” said Deborah Esquenazi, an investigative filmmaker who was collaborating with the Texas Monthly Magazine in Austin, Tx. But to do that, “we have to out these individuals. And I just want to discuss the ethics of that,” she told AdviceLine.

Outing dangerous

In the past, she noted, outing a person could be dangerous to the person outed. But in the case involving priests, “all the individuals we’d be outing were deceased. They were also public figures. And nowadays, of course, with the shift in public sentiment, I believe that one of the reasons those individuals didn’t get the justice they deserved was because they were gay.

“And it could be swept under the rug because the church wanted to use sanctuary laws in order to not have these priests outed.” Sanctuary laws refer to the history and traditional right for a consecrated church building to offer refuge, protecting individuals from pursuit and arrest by secular authorities, historically for crimes.

This case involved layers of sensitive questions, past and present, and a documentarian with strong feelings about the story. “I am personally a lesbian and do not believe that outing should ever be considered a problem, because I don’t think there is anything wrong with being gay,” Esquenazi said.

Shifting conversation

She added: “I believe we should be shifting the conversation that outing should never be considered disgraceful. In fact, we could out people and be proud of such a thing.”

Esquenazi’s beliefs tend to challenge the long-time hesitation by journalists to discuss people’s sexual orientation — unless they clearly are open to that based on privacy concerns –and the decision of some gay people not to be out if that is their choice.

This bundle of complexities landed in the lap of AdviceLine advisor David Craig, Presidential Professor and Gaylord chair, Gaylord College of Journalism and Mass Communication at the University of Oklahoma.

Ethical conclusion

In discussing the case with the reporter, Craig’s mission was to help the journalist arrive at the most ethical course of action, guided by ethics standards, such as the Society of Professional Journalists code of ethics,

Naming principles in the SPJ code, Craig described advice he gave to the reporter and her reaction:

  1. Regarding seek truth and report it – Is the piece of truth that the priests were gay important to the story? Why or why not? She said she thinks that’s the fundamental reason they didn’t get justice. She said there is reason to believe sanctuary laws were not used as a “sacrament” but as a “shield.”
  2. Regarding minimizing harm – Is there anyone who might be harmed by the disclosure that the priests were gay, such as family members embarrassed to have this disclosed? She said there were few next of kin (families) and there’s no one where she thinks there would be harm.
  3. Regarding be accountable and transparent – Is there any opportunity within the story or in ancillary material to explain the decision to out these priests if you do that? She said that it’s possible she could narrate something or could write an op-ed in a magazine working with her.

“She also brought up privacy concerns and whether these would still be relevant if they were murdered,” Craig wrote in his report on this case. “I agreed that saying the priests were gay is relevant, and I noted it would be almost impossible to tell the story without saying that.”

Critique sessions

The AdviceLine team of advisors meets periodically to discuss and critique case reports in an effort to be sure advice given to journalists is helpful and accurate. Presenting the case to the other advisors, Craig said:

“She is trying to approach this in a measured way to the specific work she does. Should outing be considered in her reporting? What to do seemed clear in this case. There was no way to report the story without saying the priests were gay. She was thinking about harm. She wasn’t concerned about anyone being harmed” by her reporting.

Craig and the filmmaker discussed ways to articulate the sensitive issues in the story and the reporter said they would be mentioned in the film. As for the ethics implications, “she wanted to be comfortable in what she did and how she did it.”

Being gay

David Ozar, an AdviceLine advisor and former professor of social and professional ethics at Loyola University Chicago, asked the question “is it okay to out people?” He knew a gay couple who preferred to keep that part of their relationship quiet.

“That aspect raised strong objections to outing,” he said. “I doubt you would be surprised today that some priests are gay.” Ozar supported what the filmmaker was attempting to do, “but it must be carefully thought out.” A key question, he added, is “should we be identifying these people who are likely to be harmed? Visual arts has its own set of ethical issues.”

Hugh Miller, also an AdviceLine Advisor who formerly taught ethics and business ethics at Loyola University Chicago, argued that “there should neither be absolute bans on publishing facts that might ‘out’ a person as being gay, nor absolute imperatives to publish such facts. Journalists must make a judgment call each time, balancing the public’s right to know against the stricture to minimize harm.”

Miller’s comments highlight a common element of ethical deliberation that AdviceLine advisors bring to their discussions with callers and one another: Careful ethical decisions usually involve considering more than one principle and weighing their importance in the situation — here, for example, the importance of the truth being told versus the harm that it might bring.

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The Ethics AdviceLine for Journalists was founded in 2001 by the Chicago Headline Club (Chicago professional chapter of the Society of Professional Journalists) and Loyola University Chicago Center for Ethics and Social Justice. It partnered with the Medill School of Journalism at Northwestern University in 2013. It is a free service.

Professional journalists are invited to contact the Ethics AdviceLine for Journalists for guidance on ethics. Call 866-DILEMMA or ethicsadvicelineforjournalists.org.

Privacy in a Pandemic

Case Study, , , ,

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By Casey Bukro

Ethics AdviceLine for Journalists

The email query came from a British Broadcasting Corporation reporter based in Ho Chi Minh City, Vietnam.

The question was short and to the point: “Does a story and photo, with the consent of the doctors, of a COVID-19 patient in hospital violate his right to privacy?”

The question came at a time when the entire world was grappling not only with the global pandemic itself, but also with how to report and explain it ethically and accurately. Those are controversial issues even now, including conflicting accounts on how the pandemic started.

Worldwide, more than 7 million COVID-19 deaths have been reported to the World Health Organization, 1.2 million of them in the United States. The pandemic was the worst world-wide calamity of the 21st century. The death toll is the highest since the 1918-20 Spanish Flu and World War Two.

Rights protected

The question from the BBC reporter demonstrates that even in the midst of a global health crisis, the rights and safety of every individual should be protected. It also shows that AdviceLine gets questions about ethics from journalists all over the world.

Joe Mathewson, who teaches ethics and law of journalism at Northwestern University’s Medill School of Journalism, was the AdviceLine advisor on duty the day the BBC reporter’s question arrived.

Responding to the reporter, Mathewson pointed out that BBC has editorial guidelines, including a section on privacy that states: “We must be able to demonstrate why an infringement of privacy is justified, and, when using the public interest to justify an infringement, consideration should be given to proportionality; the greater the intrusion, the greater the public interest required to justify it.”

Infringement

Further: “We must be able to justify infringement of an individual’s privacy without their consent by demonstrating that the intrusion is outweighed by the public interest….. We must balance the public interest in the full and accurate reporting of stories involving human suffering and distress with an individual’s privacy and respect for their human dignity.”

In this case, Mathewson asked the BBC reporter if he got the COVID-19 patient’s consent to be interviewed and photographed by the BBC or the press generally, understanding that the story would identify him?

If he did not, Mathewson told the reporter, “then the next question is, does your story constitute an infringement of his personal privacy? If so, was there a public interest in your story? Finally, was the infringement warranted by the public interest? I believe these are the questions that you should entertain and, as appropriate, answer to your own satisfaction.”

A discussion

The case did not end there. Periodically, the AdviceLine team, which includes four advisors with experience teaching ethics at the university level, have a Zoom meeting to discuss cases that come to AdviceLine. The sessions include veteran journalists who understand how newsrooms operate.

They are critique discussions intended to check whether the advice given to journalists was as good as it should be, or could have been improved. Occasionally there are disagreements, or praise for answering some particularly tough question.

Hugh Miller, another AdviceLine advisor, said he saw a parallel in the BBC case with a book about early coverage of the HIV/AIDS epidemic, which was not covered well by the media. There were few reports of the human suffering seen in AIDS hospital wards. Better coverage of the AIDS epidemic, said Miller, could have informed the subsequent coverage of COVID-19, which also was not covered well inside COVID hospital wards.

Not a hoax

“If we had been able to see more of that, it would have made people more cautious,” explained Miller. “COVID is not a hoax.”

David Ozar is a founding member of AdviceLine, and continues as an AdviceLine advisor.

The question has to be asked if it is necessary to pursue a person’s identification. “The answer is no,” Ozar insists. Patients should not be identified. He believes there were many COVID reports from hospital intensive care units.

Privacy needed

“You could not see them, could not see who they were,” said Ozar. Personal identification “needs to be private,” he insists. He is adamant on that. Ozar serves as a consulting ethicist to medical, hospital, nursing and dental groups.

Journalists  argue that stories of human suffering are told best with the help of people willing to be identified, to show that real people are involved and have personal stories to tell. That often creates sympathy and a public willingness to help the stricken.

Otherwise, disasters seem impersonal, too big to comprehend.

Another lesson here is that ethicists do not always agree on what is ethical. Miller believes media need to pay more attention to human suffering in a health crisis, while Ozar says those suffering should not be identified.

What do you think?

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The Ethics AdviceLine for Journalists was founded in 2001 by the Chicago Headline Club (Chicago professional chapter of the Society of Professional Journalists) and Loyola University Chicago Center for Ethics and Social Justice. It partnered with the Medill School of Journalism at Northwestern University in 2013. It is a free service.

Professional journalists are invited to contact the Ethics AdviceLine for Journalists for guidance on ethics. Call 866-DILEMMA or ethicsadvicelineforjournalists.org.