Acc213 Assignment 1 Essay

ACC213 Assignment 1 essay

From the beginning, it is evident that reporter Doug Trench has 3 mediums to consider ethically and legally. These ethical codes, laws all need to be taken into consideration when reporting the Trudi Braun case. For example Trench needs to consider the Australian communication and media authority (ACMA) ethical codes, for the TV bulletin and broadcasting of the Braun case, section 4 (2012), news and current affair. In particular looking at ethical factors such as, reporting accurately and fairly, such as not highlighting the gender race etc… An example of a similar case of Jill Meagher, where channel seven broadcast a report ‘Retracing Jill Meagher's final hours’ (2013), where it was unnecessarily included her gender

and the fact that she was alone at night and went into a cab with men. In addition taking into consideration family and relatives feeling’s.Trench also needs to take into consideration to not be bias while reporting. Such examples include saying that the killer should be murdered, or having sympathy for the murderer, or naming names of a murderer before he is proven guilty. Another real life example, is again the Jill Meagher case were people were having bias views, such as some spinning the story of Meagher being a party animal,she had it coming. In particular to this case in this point in time, is code 4.3.8 (2011),where information about the deceit should not be broadcast before the family is notified by authorises. Also included in this is the ethical codes of radio Also overseen by ACMA (obviously different codes and principles), such as code 2-news and current affairs programs (2011). Lastly Looking at ACMA laws which surround online news reporting, with similar considerations as listed above. In addition to this the reporter has the competing ethical vales of the public’s right to know, what is happening, and to inform about violence that is occurring near that area for residents, and debate about the safety of women in Australia. Versus the ethical considerations of the codes, and possibly getting penalised, and families of the deceit involved. In addition what details are actually needed to be reported, and in the public interest, and what is just there to fill in news, that could be left out, and does not serve in the public interest, as well as unnecessary in the memory of the deist. As seen it is not a straightforward process of reporting on the case.

2. With this situation and scenario What Trench and Channel 9 needs to be considering is as explored above ethical issues concerning code, 4,3,8 (2011), where information about the deceit should not be broadcast before the family is notified by authorise, as well as other ethical considerations which are also explored above. In addition to this ethical and law considerations, Channel 9 and Trench need to consider privacy of the deceit. In particular considering the role of the media in determining when to pursue an issue into the privacy of another individual or group, and when the issue is not in the public interest and privacy should not be breached. In this case providing photo’s of the deceit, her home she shares with her husband, doesn’t seem to be in the public interest, for these photos to be broadcast without the consent of family. Further more Trench’s ethical consideration to publish the name of the deceit after channel 9 did, breaches the code 4,3,8 (2011), and does’t justify him disclosing the name, when he was asked not to. Which can be considered a breach of privacy, and breach of confidence, and not to mention when looking at AMCA ethical codes, breaches code 4,3,9 (2011) discussed above. What also needs to be considered by Trench in particular, is the ethical issues of taking into consideration, when getting footage and interviews of his own, that he thinks about the privacy of the people involved, as well as the feelings of any interviewees, that may be a family member of the deceit. Such an example is with the recent Lindt café siege, where considerations were needing to be made about what was broadcast, how the families would react, as well as the consideration of feelings of the families of the people involved. Furthermore, after the incident, interviewing the deceits family and friends, as well as interviewing the survivors, and the obvious traumatic experience. These are such considerations which not just Trench but all journalists need to consider when reporting the story on any medium. As a certified journalist, Trench is immediately under the Media entertainment and arts alliance (MEAA,2015), where they commit themselves to: 1. Honesty, 2.Fairness, 3.Independence, 3. Respect for the rights of others. Which all relates to this case. In particular to this case ethical code, which states Respect private grief and personal privacy. Journalists have the right to resist compulsion to intrude.

3.

In the next scenario there are such ethical and law considerations again which need to be considered, when talking about the CCTV video recording, which has been supplied by a local jewellery shop. Similar again to the case of Jill Meagher, where CCTV footage was used to capture the murderer of Meagher. Even though however, the CCTV footage can be used legally, if they believe it will bring justice then they may use the footage. What needs to be considered however, is the language used while reporting, the privacy of the people involved, sensitivity to the deceit, and to the family and friends of the deceit. Also the images which are being published, if it is appropriate for viewing. As well as this making sure there are no biases in the reporting of the case. Such as in some way insinuating that Braun was to blame for the murder, such as emphasising actions which lead to her murder. It is also illegal to put blame on the alleged killer before he is proven guilty, as it can be said to influence the case. As seen there are conflicting ethical issues with, being human and also professional obligations, and ethical and law obligations, further personal feelings. Moreover privacy also comes to play where footage was uploaded to YouTube, with police talking to Braun’s neighbours. This is a breach of privacy and if used by Trench or other news outlets is against the law, such as through the surveillance devices act 1999, part 3, number 11. What needs to be asked here is, is it

really in the public interest to see that footage, is it a fair representation of a worthwhile news events. A real life example of this is a story relying on CCTV footage captured by one family involved in a neighbourhood feud, without them knowing (2014). Also taking into consideration is again the use of the names of the deceit and her spouse. What is really in the public interest to have this information, and the footage being shown? There is also the ethical issues with interviews with family members and friends. As seen in this case there are many ethical,legal and personal considerations. It shows that it’s not just about reporting, but other things that will need to be thought about, and could be risks involved,when talking about the case and scenario involved with Braun, and her friends and family involved.

4. In this scenario what critically needs to be considered is, as soon as someone is apprehended for the crime. This is when the case becomes ‘sub judice’–or it is sometimes referred to as being “active” or “pending,” as with the arresting of a man in this case. Up until this point, no court has been sitting to hear the case, because no culprit has been identified. However, once a suspect is identified and apprehended it is clear the case will come before a judge and the court process will begin. The law then takes immediate steps to try to ensure that this legal process is not interfered with, and that the accused has the right to a fair trial and is considered innocent until proven guilty. Journalists and editors must be very careful not to publish anything that could prejudice a trial from this point–I.E. anything that could influence a judgement about the guilt or innocence of the person accused. This can lead to contempt of law proceedings. In Australia, in particular contempt of court act 1981. Looking at this case channel 9 can be convicted of contempt of court act 1981 section 4, by stating that identified murderer of Braun as ‘violent rapist and murderer,' which can be seen as influencing the case in court. Such is an example in the March 2015 case of murdered Melbourne teenager Masa Vukotic, where reports were saying similar things, when he wasn’t convicted yet. What also needs to be considered by Journalists such as Trench, is the ethical and legal considerations once again of showing imagery, even if a reenactment of the killing, as well as thinking about he ethical consideration’s of on top of that showing the family reactions. If consent was in question then it is a different story, however, still careful care needs to be taken when dealing with a sensitive case like this one. Again privacy coming into play, and what the court deems to be influencing how the case will occur. In contrast what can be argued it is in the public interest, again showing the conflicting ethical and legal considerations facing journalists just as Trench. The conflict between considering factors such as privacy, feelings, laws and the public interest, and the public right to know what is going on around them, to keep them safe so such cases don’t keep occurring regularly.

5.

After being charged, again what needs to be considered is ‘sub judice’–or it is sometimes referred to as being “active” or “pending,” as with the arresting of a man in this case. Up until this point, no court has been sitting to hear the case, because no culprit has been identified. However, once a suspect is identified and apprehended it is clear the case will come before a judge and the court process will begin. The law then takes immediate steps to try to ensure that this legal process is not interfered with, and that the accused has the right to a fair trial and is considered innocent until proven guilty. However, in addition social media needs to be considered into the mix. With things being posted on sites referring to Bundy (murderer) as a “murdering scumbag” and comments such as “hanging is too good for him," brings on another difficult factor. This is because, can sites like these be considered Journalism? Do the same laws and ethical laws apply to them? The answer is if they are journalists then these apply, if however, ordinary citizen these don’t apply pointed out by Fincham K (2013). This is because if these mediums are used to report on the case, it is considered breach of contempt because it can influence the case, and is not letting the charged to be innocent until proven guilty. In this case what could be considered a breach of contempt is the fact that the murderers, prior convictions, which can be seen as clouding the present case, as what can only be

seen as the focus in the chargers past, which has nothing to do with the present case at hand, thus won’t give the charged a fair trial. A similar case is with the Jill Meagher case once again, where Within two weeks of the trial, the first breach occurred when the Nine Network referred to Bayley in a story about the parole system. A similar breach followed within days, when an ABC 7.30 ­report, which aired on the first day of Bayley’s rape trial, referred to “serious offenders like the serial rapist who killed Jill Meagher”. Seen once again the conflicting ethical, legal considerations, and the risk which can occur when these are not looked into and taken seriously. There are many considerations with cases similar to these, and there needs to be care taken especially with cases like these, where death, violence, are involved.