BSJ Bachelor of Journalism: Ethics and Legal Principles 5 — Questions and Answers
Question 1: A photographer takes a candid photo of a celebrity in a public park and sells it to a magazine. The celebrity sues for invasion of privacy. The most likely outcome is:
- The celebrity wins because celebrities retain full privacy rights
- The photographer wins because individuals in public spaces have a reduced expectation of privacy (Correct answer)
- The magazine wins because celebrities are public domain figures
- The photographer loses because commercial sale requires a model release
Correct answer: The photographer wins because individuals in public spaces have a reduced expectation of privacy
People in public spaces generally have a reduced expectation of privacy, making photography of them there legally permissible in most jurisdictions.
Question 2: A reporter uses a quote from an interview conducted three years ago in a new story without re-contacting the source for comment. This practice may raise concerns about:
- Copyright infringement of the source's spoken words
- Accuracy and whether the source's views may have changed (Correct answer)
- Violation of shield law protections
- Misappropriation of the source's likeness
Correct answer: Accuracy and whether the source's views may have changed
Using old quotes without verification may misrepresent a source's current position, raising accuracy and fairness concerns.
Question 3: The legal concept of 'libel per se' refers to statements that:
- Must be proven false by the plaintiff to succeed in court
- Are so inherently damaging that harm to reputation is presumed without proof of actual damages (Correct answer)
- Can only be made in written form
- Are protected by absolute privilege
Correct answer: Are so inherently damaging that harm to reputation is presumed without proof of actual damages
Libel per se covers categories of statements—such as falsely accusing someone of a crime or loathsome disease—where reputational damage is presumed.
Question 4: A news editor discovers that a story was sourced from a fabricated document. The ethically and professionally correct immediate action is:
- Publish the story anyway since the core narrative may be true
- Kill the story, investigate the lapse, and consider issuing a correction or retraction if the story ran (Correct answer)
- Replace the fabricated document with a paraphrase
- Publish a correction without removing the story
Correct answer: Kill the story, investigate the lapse, and consider issuing a correction or retraction if the story ran
Journalistic integrity requires halting publication of material based on fabricated evidence and, if already published, issuing a full retraction.
Question 5: The 'neutral reportage' privilege, where recognized, allows journalists to:
- Report government press releases without attribution
- Accurately report serious charges made by responsible organizations against public figures, even if the charges are defamatory (Correct answer)
- Publish anonymous opinions without liability
- Republish content from other news organizations freely
Correct answer: Accurately report serious charges made by responsible organizations against public figures, even if the charges are defamatory
Neutral reportage protects media that accurately and dispassionately reports newsworthy accusations made by credible sources, even if the underlying claims are defamatory.
Question 6: Which of the following best illustrates the ethical duty of 'accountability' as outlined in the SPJ Code of Ethics?
- Verifying all facts with at least two independent sources before publication
- Acknowledging errors promptly and correcting them publicly (Correct answer)
- Refusing to publish information obtained through deceptive means
- Protecting the identity of confidential sources under all circumstances
Correct answer: Acknowledging errors promptly and correcting them publicly
Accountability in the SPJ Code requires journalists to admit mistakes, correct them expeditiously, and explain their news decisions to the public.
Question 7: A journalist learns that a crime victim's family has requested their loved one not be named in media reports. The journalist's ethical obligation is to:
- Always comply, as victim privacy is legally protected
- Weigh the news value of naming the victim against the harm to the family and their explicit wishes (Correct answer)
- Always name the victim because the public has a right to complete information
- Defer entirely to law enforcement's guidance on naming victims
Correct answer: Weigh the news value of naming the victim against the harm to the family and their explicit wishes
While journalists are not legally required to honor such requests, the SPJ Code directs them to minimize harm by considering victims' wishes and the necessity of identification.
A photographer takes a candid photo of a celebrity in a public park and sells it to a magazine.
The celebrity sues for invasion of privacy.
The most likely outcome is: