by
Paul Martin Lester
From (c) 1999
The introduction to Approaches to Ethics (Jones, Sontag, Beckner, &
Fogelin, 1969), states, "Ethics is not primarily concerned with getting
people to do what they believe to be right, but rather with helping them
to decide what is right" (p. 8). Such a definition implies that there is
an overall right thing to do regardless of a person's conflicts with
values, principles, and loyalties. A photographer may have a very
different ethical orientation than an editor or a reader depending on the
situation. Taking a picture of a stressful subject is a photographer's
choice. Printing the picture on the front page is an editor's choice. A
reader may find such choices offensive if he or she is concerned with
privacy rights and humanitarian ethics.
Can there be an ethic that will satisfy all groups involved? No. But
ethics "is not concerned at all with what public opinion or moral matters
actually happen to be, just as the scientist is not concerned with what
people believe about the shape of the earth but with its actual shape"
(Jones et al., 1969, p. 8). Yet photographers, particularly student
photographers, frequently ask if an action during a specific situation is
correct. There needs to be some method that solves the ethical dilemma.
To further complicate the issue, different philosophers and writers
report different definitions of ethical behavior. Some definitions are
based on an ideal derived from general moral rules. Other definitions are
interpreted as being specific guidelines of proper ethical behavior.
Different ethical belief systems with their guiding values, principles,
and loyalties are discussed later in a journalistic context. It should be
made clear at the outset that no specific course of action will be right
for every individual and for every situation. However, confronting general
ethical principles is the first step when evaluating whether the shooting
and publishing of a controversial situation was ethical.
Study Hypothetical Situations
There have been few studies specifically related to photojournalism
ethics. Brink (1988), Hartley (1983), and Wilcox (1961) sent surveys to a
large number of students, readers, photographers, editors, and educators.
Respondents rated the situations described in those surveys as ethical,
questionable, or unethical. The problem with the surveys was that one
never knew why a respondent made a particular ethical judgment. An action
was rated ethical, for example, but a reader of the survey never learned
how the respondent came to that conclusion. Are upbringing, journalistic
principles, reader concerns, newsroom pressures, or ethical orientation
responsible for a survey subject's decision? The answer is not known.
Several other researchers have conducted studies of journalism ethics.
For example, Barney (Barney, Black, Van Tuburgen, & Whitlow, 1980)
focused on journalists' ethical orientations, moral development, and
dogmatism as possible ethical decision makers. Mills (1982) discovered
that a number of journalists use the conflicting principles of the
public's right to know versus an individual's right to privacy as
contributing factors. Izard (1985) found that journalists take into
account readers' reactions more today than in the past. Weaver and Wilhoit
(1986) reported that journalists are mostly influenced ethically by
newsroom learning, senior editors, and co-workers.
Values, Principles, and Loyalties
The first step in determining an ethic for the field is to determine
the values, principles, and loyalties at work. A journalist must be able
to define these underlying factors in the decision-making process.
Ed Lambeth (1986) in his book, Committed Journalism, identified the
values that are highly regarded by journalists: Newspaper journalists give
readers information for their daily lives; information is published to
help readers make decisions; information gives meaning to a complex world;
newspaper reporters make sure that public and private institutions work
fairly and without prejudice; newspapers publish information that help
enrich the culture for individuals; finally, newspapers publish
information that helps others to distribute goods and services. These six
journalistic values can be distilled, according to Lambeth, to:
* knowledgeability,
* usefulness,
* understanding,
* feedback,
* education, and
* entrepreneurship.
Lambeth also listed the principles that journalists stand by: truth
telling, justice, freedom, humaneness, and stewardship. "Most
fundamentally, the need is for a habit of accuracy . . ." (pp. 54-55).
Truth, beyond all other principles, is the guiding guarantee for ethical
journalism. The principle of justice is related to a reporter's
preoccupation with fairness. A story should be complete, relevant, honest,
and straightforward. The freedom principle refers to a journalist that is
independent both politically and economically. A journalist should never
compromise that independence by "the acceptance of gifts, free or reduced
travel, outside employment, certain financial investments, political
activity, participation in civic activity, or outside speaking
engagements" (p. 34). Humaneness, as Lambeth (1986) wrote, is a principle
that requires "a journalist to give assistance to another in need" (p.
35). Finally, the principle of stewardship is closely related to
responsibility. A journalist is responsible for "the rights of others, the
rights of the public, and the moral health of his own occupation" (p. 37).
Vague principles and values are the guiding foundations for the writing
of professional ethics codes. For a photojournalist, the principles
detailed in the NPPA "Code of Ethics" (see Appendix A) roughly follow the
principles mentioned by Lambeth. Truth telling, justice, and freedom are
principles covered by the NPPA Code when it asserts that "pictures should
report truthfully, honestly, and objectively. " The principle of
humaneness is mentioned when photographers are asked to have "sympathy for
our common humanity." Finally, the stewardship principle is invoked when
photojournalists are told that their "chief thought shall be to . . . lift
the level of human ideals and achievement higher than we found it."
Loyalties, as Christians (Christians, Rotzoll, & Fackler, 1983)
wrote, identify which parties will be influenced by it [a decision to
photograph] and which ones we feel especially obligated to support" (p.
3). Loyalties to subjects, readers, society, the organization, the
photographer, and the profession, need to be identified and weighed
against each other. If a photographer, for example, is more loyal to him
or herself, if he or she values winning contests, receiving peer
acknowledgment, or pay raises over loyalty to his or her readers, that
photographer is much more likely to have ethical problems.
In Approaches to Ethics, Jones et al. (1969) recommended that a person
with an ethical dilemma first "ascertain the facts, sort and weigh the
conflicting principles, apply partially indeterminate principles to the
particular circumstances, and then, come to a decision" (p. 6).
Christians et al. used a variation of that ethical inquiry they called
the "Potter's Box," named for Harvard Divinity School Professor, Dr. Ralph
Potter. The box is used as a model for social ethics. For any situation,
first define the circumstances as fully as possible. News values,
principles, and loyalties that pertain to the specific situation are
factored into the ethical equation. When all these considerations are
within the "box," a course of action becomes more clear.
For example, suppose that the ethical dilemma in question is Hartley's
(1982) first situation, "Klan Rally."
All of the news values mentioned by Lambeth, except for
entrepreneurship are invoked. If the photographer stays, readers will know
about those involved with the demonstration. Readers will be able to make
decisions about the different sides of the conflict. Understanding of the
two sides may help give meaning to each cause. Police officials can be
monitored so that justice is served fairly by government officials. The
community is educated as the grievances are voiced by its members. In the
face of all the values just presented, it is clear that the ethical
position for a journalist to take is to stay at the scene to report the
news.
The next phase in the Christians et al. method is to analyze and weigh
the various principles at work. A photojournalist should always tell the
truth fairly and objectively. Following such principles, the clear
decision again is to stay and cover the demonstration.
Identifying loyalties is the next step. As Christians et al. (1983)
noted, "ethical principles are crucial in the overall process of reaching
a justified conclusion. However, in the pursuit of socially responsible
media, clarity over ultimate loyalties is of paramount importance" (p. 6).
A younger photographer's loyalties may be different from a photographer
who has been at work for many years. A reader may certainly have a
different set of loyalties than a reporter or editor. Loyalties help show
why different individuals come to opposite conclusions about the use of a
controversial photograph.
What loyalties are at work in the "Klan Rally" situation for a
photographer? If loyalty is to the subjects then the photographer would
stay at the scene in order to record faithfully the events at the
demonstration. Another photographer would leave because participants may
be hurt by the increased violence.
If loyalty is to the readers then the photographer would stay at the
scene in order to inform them. Another photographer would leave because
readers would not like a photographer who causes trouble.
If loyalty is to society then the photographer would stay in order to
inform a larger public about conditions in the community. Another
photographer would leave out of respect for police authority.
If loyalty is to the organization then the photographer would stay to
prove that the newspaper is worthy of its watchdog function. Another
photographer would leave so as not to cause problems for the newspaper.
If loyalty is to the photographer then the photographer would stay
because the situation may get violent and result in dramatic pictures.
Another photographer would leave to avoid any legal problems caused by
additional violence.
If loyalty is to the profession then the photographer would stay and
take pictures in a rational, objective and truthful manner. Another
photographer would leave to avoid bringing disrespect upon all
photojournalists if further violence erupted.
After a decision to stay at the scene has been made, values,
principles, and loyalties alone will not tell a photographer how to take
the pictures. For that answer, a photojournalist needs to identify the
ethical guidelines he or she uses when covering a controversial
assignment.
At a potentially violent demonstration, a photographer would probably
use a 300mm telephoto lens and take pictures from a distance. Suppose,
however, that a photographer is asked to photograph a protest rally for a
political cause supported by the photographer. The photographer wants the
protesters to look as complimentary as possible. At the scene, there are
10 protesters out of an expected 500. The photographer has two technical
choices: use a wide-angle lens to show how few protesters are present or
use a telephoto lens to focus on an individual who carries a sign. With
such a technique, the size of the protest group in the photograph will be
ambiguous.
Photographers are constantly defining reality. By selecting what stays
in the tiny 35mm frame and becomes a picture, the photographer makes a
conscious or unconscious decision to edit out a vast majority of the
scene. Choices of film, camera, lens, aperture, shutter speed, angle of
view, filters, lighting, and cropping can change a photograph's meaning.
The reason why the principles of objectivity and truthfulness are so often
stressed is because a photographer can easily lose his or her objectivity
and not tell the truth.
When Norman Zeisloft was fired (see chapter 6) for stage managing a
sports feature picture, his executive editor, Robert Haiman said, "I
believe that a photographer is every bit as much a first-class citizen in
this journalistic community as any reporter. And there is one thing about
the journalistic community which is more important than in any other
community and that is the obligation to tell the truth, the whole truth
and nothing but the truth" (cited in Gordon, 1981, p. 34). Truthfulness is
high on any ethical list of principles.
As John Hulteng (1984) wrote in his book on media ethics, The
Messenger's Motives, "One of the least enviable situations in the debate
over what is ethical and what is not in the handling of news photographs
is that of the photographer" (p. 154). A writer can observe a news scene
quietly and anonymously and report the facts back in the newsroom. A
photographer is uniquely tied to a machine-the camera. There is little
opportunity for concealment, nor are hidden techniques desirable.
Six Major Philosophies
Another method used to make and defend controversial decisions is to
rely on ethical philosophies that have been established for many years.
Six philosophies are discussed here. Along with the six philosophies are
quotations from working newspaper photographers that show how each ethical
philosophy is supported by different individuals. The quotations come from
a special report in News Photographer magazine titled, "Bibliography of
Grief: An analysis and description of tragic situations . . . over the
past 15 years" (Sherer, 1986).
Although no one philosophy can always explain a person's motivation in
supporting or rejecting a picture, generally speaking, a basic knowledge
of the six ethical philosophies will help a photographer learn of his or
her personal perspective.
The Categorical Imperative, Utilitarianism, and Hedonism philosophies
are usually used to justify a photographer who takes a controversial
picture or for an editor who prints it. However, the Categorical
Imperative and the Utilitarianism approaches are most often at odds with
the Hedonistic, self-centered philosophy. The Golden Mean philosophy can
often be used by a photographer when shooting the assignment or by an
editor when deciding how to print the image. The Veil of Ignorance and
Golden Rule philosophies are most likely employed to justify a decision
not to take a photograph or print a picture.
Categorical Imperative. Immanuel Kant, born in East Prussia in 1724,
was a great influence on Western philosophy. Christians et al. (1983)
noted that Kant's Categorical Imperative means that what is right for one
is right for all. Check the underlying principle of your decision . . .
and see whether you want it applied universally. The decision to perform
an act must be based on a moral law no less binding than such laws of
nature as gravity. "Categorical" here means unconditional, without any
question of extenuating circumstances, without any exceptions. Right is
right and must be done even under the most extreme conditions. (p. 11)
Lambeth (1986) elaborated on deontological ethics, Kant's emphasis on
the nature of an act or a decision rather than the result of such an act
or decision. Pure RULE deontology is a form of Kant's philosophy that says
there are universal rules that all must follow "regardless of the good
produced" (p. 21). In pure ACT deontology, on the other hand, it is
admitted that firm rules or codes are not always possible. With such a
belief, a person's instincts become more important in decision making than
logical reasons. Mixed act and rule deontology are compromises between the
extreme harshness of universal rules and the idea that emotions should
guide a decision. Both mixed act and rule deontology are guided by
principle, but the consequences of an act must be considered as well.
Two examples of Kant's Categorical Imperative can be found in writings
by photojournalists. Mary Lou Foy, former NPPA national secretary, invokes
Kant when she admitted, "I think religious services should be off limits .
. . for funerals" (cited in Sherer, 1986, p. 27). For her, a universal
rule of not adding grief to family members during a funeral allows her to
ban all photographers in all such situations. Although her major concern
is not to add additional suffering to a victim's family, a Golden Rule
influence, her unequivocal ban on all such photography sides her with the
Categorical Imperative philosophy. Conversely, David Nuss of the
Statesman-Journal in Salem, Oregon wrote that a newspaper's role is to
cover the news, "and sometimes that involves situations where there is
also an issue of taste, judgment, and the right to privacy" (cited in
Sherer, 1986, pp. 28, 30). For Nuss, the principle of reporting the news
is a universal rule that must not be broken, regardless of the
consequences.
Utilitarianism. A popular ethical belief used by journalists is the
philosophy of Utilitarianism outlined by British philosophers Jeremy
Bentham and John Mill. Utilitarianism is the belief that tries to maximize
the greatest good for the greatest number of people. A person wants to
"maximize value or minimize loss" (cited in Christians et al., 1983, p.
13). In Utilitarianism, "various consequences are considered and the
impact of the consequences of one action is weighed in relation to the
consequences of another course of action" (Steele, 1987, pp. 10- 11).
Christians et al. (1983) use the Watergate scandal as an example.
Reporting the story was certainly not beneficial to President Nixon, but
the "overall consequences were of value to a great many people" (p. 13).
Reporters and photographers most likely use Utilitarianism when they
justify complaints from readers who object to pictures of gruesome
accidents with phrases such as, "People will drive more safely." A
gripping interview with an accident victim is justified with, "Interviews
act as a cathartic release for those under stress" (Steele, 1987, pp. 10-
11). Peter Haley of the Journal-American in Bellevue, Washington and Gary
Haynes, assistant managing editor of the Philadelphia Inquirer, use
Utilitarianism to justify the publishing of gruesome accident photographs.
About a series of drowning pictures Haley wrote, "at least a few parents
could be moved by the photo to better train their children in water
safety." Haynes wrote of Stan Forman's picture of victims of a fire escape
collapse (see chapter 4) with, "and in some cities [where the photographs
were published], codes were quietly reviewed . . . to be certain Boston's
tragedy couldn't be repeated locally" (cited in Sherer, 1986, p. 28).
When a drowning victim's photographs were printed in a small-town
newspaper, the journalists involved probably used the Utilitarianism
philosophy to justify publication after a storm of protest was received by
readers. The photographer "pointed out that his photos are under study . .
. by the local fire department . . . with an eye toward improving
swift-water rescue techniques."
Editors expressed the belief "that the paper's photo coverage has made
. . . residents much more mindful of the area's hazards than mere words
could have." And the executive editor "plans to promote better relations
between the paper and the public with a series of columns he will write .
. . explaining how and why certain editorial judgments are made" (Moore,
1978, p. 54). Seeing the drowning pictures on the front page of the local
newspaper may have upset the victim's family, but from their publication
and the controversy that surrounded them, many positive outcomes for many
persons occurred.
Hedonism. Hedonism, unfortunately, has gained in popularity in recent
years. Hedonism comes from the Greek word for pleasure and is closely
related to the philosophies of Nihilism and Narcissism. Aristippus, who
died in Athens in 366 B.C., a student of Socrates, was the founder of the
ethics of pleasure. Aristippus believed that persons should "Act to
maximize pleasure now and not worry about the future." Aristippus,
however, referred to pleasures of the mind-intellectual pleasures. "While
he believed that men should dedicate their lives to pleasure, he also
believed that they should use good judgment and exercise self-control."
His famous phrase is: I possess, I am not possessed. Modem usage of the
Hedonism philosophy, however, has ignored his original intent. Phrases
such as, "Eat, drink, and be merry, for tomorrow we die," "Live for
today," and "Don't worry-Be happy," are present examples of the Hedonism
philosophy (Edwards, 1979, pp. 24).
Dr. George Padgett, assistant professor of communication at Illinois
State University, is sure of the motivation for printing graphically
violent images. "They were printed," wrote Padgett, "for no other reason
than that they were sensational and would sell newspapers-the same reason
the supermarket tabloids give their readers a steady diet of Siamese twins
and babies with three legs" ("Tasteless breach," 1986, p. 27). Roy Clark
(1987), instructor at the Poynter Institute for Media Studies in St.
Petersburg, Florida, disagrees with Padgett's explanation. "The real
reasons for publication of these photos," wrote Clark, "are not economic,
but aesthetic. They involve questions of personal ambition and peer
approval. The photographer desires to get his or her best work, a
memorable photo, on the front page" (p. D- 1). Both explanations describe
Hedonism as the justifying philosophy.
Golden Mean. Aristotle's Golden Mean philosophy refers to finding a
middle ground, a compromise between two extreme points of view or actions.
Formulated around the 4th Century B.C. in Greece, taking the middle way
does not involve a precisely mathematical average, but is an action that
approximately fits that situation at the time. As Christians et al. (1983)
wrote, "The mean is not only the right quantity, but at the right time,
toward the right people, for the right reason, and the right manner" (pp.
9-10).
In a funeral situation, an uncomfortable assignment for a photographer,
one extreme action might be for a photographer to walk boldly up to the
grieving family during the service, shoot with a wide-angle lens, motor
drive, electronic flash, and leave without a thought of adding to the
family's discomfort. The opposite extreme might be a photographer who is
so concerned for the family that he or she refuses to take any pictures
during the service. Such a photographer might even refuse to go to the
site of the service against the wishes of the editor.
Although Mary Lou Foy personally believes that all funerals should be
off limits to photographers, such news events sometimes need to be
covered. She recommended the Aristotelian point of view when photographs
of grieving victims at a funeral need to be taken. She wrote:
For an editor who is faced with the decision of how to print a funeral
picture, one extreme would be to print the photograph large and on the
front page. The opposite extreme would be to not print the picture. An
editor who used the Golden Mean philosophy would most likely decide to
print the picture small and on an inside page.
The following two philosophies, Veil of Ignorance and Golden Rule, are
usually used to argue against the taking and printing a controversial
image by photographers, editors, subjects, and readers.
Veil of Ignorance. In his book, A Theory of Justice, John Rawls (197 1)
outlined the Veil of Ignorance philosophy where all members are equal.
There are no advantages for any one class of people when all are reduced
to their basic position in life. Seeing everyone through a veil, without
noticing age, race, sex, and so on maintains "basic respect for all humans
. . ." (Christians et al., 1983, p. 16). In practical terms, a
photographer tries to imagine what it would be like to be the subject of
the photographs. Steele (1987) noted that "by transferring roles, an
individual is forced to consider values and loyalties from perspectives
other than his own as a photojournalist" (p. 10).
Rawls' "shoe on the other foot" approach can be found from Jim Gehrz of
the Worthington Daily Globe, of Worthington, Minnesota. In his letter to
News Photographer magazine titled "How Would I Feel?" Gehrz wrote, "we are
placed in an awkward position where we must make photographs of people who
are under great stress. . . . My approach is to ask myself how I would
feel if I were the person being photographed? If the answer is
unacceptable, I look for a different way to tell the story in my photo"
(cited in Sherer, 1986, p. 28).
Golden Rule. The Golden Rule philosophy teaches persons to "love your
neighbors as yourself. " From the Judeo-Christian tradition, a
photographer should be as humane as possible to try to protect subjects
from harm inflicted by photographic coverage. "Love," according to
Christians et al. (1983), "is personal, dutiful, but never purely
legalistic" (p. 16). Jay Mather, who won a 1979 Pulitzer Prize wrote
simply, "Human kindness has always been an effective and impartial editor"
(cited in Sherer, 1986, p. 25).
Being aware that the different ethical philosophies are the basis for
the values, principles, and loyalties upheld by a professional code of
ethics will help photographers come to a decision. The reason thoughtful
photographers, editors, subjects, and readers disagree over the same
picture is that each person bases their decision on a different
philosophy. Those who side with the Categorical Imperative,
Utilitarianism, or Hedonism philosophies will never agree with those who
base their decisions on the Veil of Ignorance or the Golden Rule
philosophies.
Whether you take a picture during a controversial situation or whether
you print a controversial image by one of your photographers is often a
matter of which major philosophy is your prime concern. A picture of a
father grieving over the death of his son killed in a traffic accident
touches many philosophical bases. It is a strong, news
situation-Categorical Imperative. It might make people drive more
safely-Utilitarianism. It might win an award-Hedonism. It should be
published in an inside page-Golden Mean. It might remind you of your own
son-Veil of Ignorance. It might add to the father's grief if it is
published-Golden Rule.
Occasionally, there is blurring between the various philosophies. You
may not want the picture to run large on the front page because it might
add to the father's grief-Golden Mean and Golden Rule. You may not want to
publish the picture at all. You may think people crying should never be
the subject of news photography because such images upset
readers-Categorical Imperative and Golden Rule. You may feel the picture
is a good news photo and might make people drive more carefully, but
should be used small, and on an inside page so as not to upset
readers-Categorical Imperative, Utilitarianism, Golden Mean, and Golden
Rule. Throughout this textbook, one of the six philosophies is often
attributed to a journalist's motivation. It is important to understand
that there may be other philosophies at work that guide a decision that
are unknown to the author.
A photojournalist's job is to capture the news-not make it and not run
from it. Sometimes, but fortunately not often, that mission runs afoul of
the readers' level of sensitivity. As Jay Mather wrote, "When a reader's
visual diet is composed of benign features, routine sports pictures and
carefully controlled graphic illustrations, it's easy to see why the
sudden confrontation with a hard news photograph promotes such virulent
responses" (cited in Sherer, 1986, p. 25).
According to a survey conducted by Beverly Bethune (1983), an associate
professor at the University of Georgia, when photographers in a national
survey were asked, "What kinds of assignments do news photographers shoot
most often?" hard news was at the bottom of the list. Only 12% of the
photographers reported that more than about a third of their assignments
could be called hard news. Nevertheless, news assignments are the ones
that cause the most ethical problems.
The price of being responsible for the documentation of life in all its
gloriously happy and tragically sad moments is that if some people do not
like what they see, they will question a photojournalist's moral
character. That reaction, however, is a necessary barometer of a
photojournalist's ethics. It is a photographer's moral responsibility that
the decision to take pictures is based on sound personal ethics that can
be justified to all who disagree. Study hypothetical situations, know the
values, principles, and loyalties that are a part of journalistic
principles, and be familiar with the six major philosophies. With such a
strong foundation, you will be better able to act decisively during a
controversial situation.
Photojournalism An Ethical Approach
ALL RIGHTS RESERVED
The problem with
photojournalism ethics is that answers are not easily found when they are
most needed. What answers there are, are often derived from emotional
outbursts rather than from the calm of reason. Surveys are mailed to
photographers with situations detailed. Respondents are asked to rate the
actions of photographers in hypothetical situations. For example, in one
study, 38% of professional photographers in a national survey said the
actions of a photographer during a specific situation is ethical. However,
34% rate the same action as unethical. Which group is right? Can the right
answer ever be determined? How are right answers derived?
A photographer is assigned to cover an anti-Ku Klux Klan
demonstration in a city park. When he arrives, a police officer is
speaking to a crowd of newsmen saying it would be a good idea if they
left. He says, "Some Klansmen are going to be staging a
counter-demonstration and we're afraid the presence of the press will
encourage violence." Some of the newsmen leave but the photographer
stays. Violence does erupt and the photographer is later awarded the
Pulitzer Prize for his images depicting the fighting. (p.
24)
The first step in the "Potter's Box" analysis is to define
the ethical question posed by the situation. An ethical question might be:
Should a photographer stay at the scene of a demonstration despite his
presence possibly inciting violence? Defined further the question becomes:
Should a photographer give up news reporting responsibilities because of
the recommendation of a police office? Defined further still and the
ethical issue becomes: truth telling versus law and order.
Photographers must dress as if attending the funeral. When
you get the assignment the day before, contact the family or close
friend to let them know you are coming. Be early. If for some reason the
family allows you to be up close and you are photograph ing tears, etc.,
for heaven's sake, pick your shots and don't unload with a motordrive.
Whether or not you get up-close permission, don't forget that the
pictures showing sorrow and grief can be made at many places, and often
far away. (cited in Sherer, 1986, p. 26)
The Golden Mean most
often demands that the photographer find a less obtrusive way of covering
the sensitive news event.