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Undercover Reporting The Use of Hidden Cameras

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Title: Undercover Reporting The Use of Hidden Cameras


1
Undercover Reporting/ The Use of Hidden Cameras
  • Arguing FOR Vivian Tang, Celine Sun
  • Arguing AGAINST Lilian Kwok, Kenny Wan

2
What is Undercover Reporting?
  • One of the primary goals of journalism is to
    seek and report the truth. However, people often
    conceal information of public importance that
    could prove embarrassing or damaging to them if
    made know to the public. In such circumstances,
    journalists are tempted to find out the truth by
    relying on clandestine methods. Consultation
    Paper, Regulation of Media Intrusion,
    Sub-committee on Privacy, Law Reform Committee,
    HK.

3
What is Undercover Reporting?
  • Concealed cameras or hidden tape recorders may
    therefore be used by journalists in private
    premises or public places without the subjects
    consent Without these methods, investigative
    journalism might sometimes be impossible, and
    evidence of crime, anti-social behavior or
    inefficiency of officials might never be
    uncovered and exposed. Consultation Paper,
    Regulation of Media Intrusion, Sub-committee on
    Privacy, Law Reform Committee, HK.

4
History of Undercover Reporting
  • In 1887, Nellie Bly, a female journalist from the
    newspaper, The World, in New York City went
    undercover in a mental institution to report on
    the reprehensible conditions inmates lived in .

5
The Use of Hidden Cameras Brief History
  • 1928 A New York Daily News photographer
    smuggled a miniature still camera strapped
    to his ankle into a prison to photograph
    an execution.
  • Late 1950s Investigative reporters began
    carrying concealed motion picture cameras
    disguised as lunch boxes and brief cases.

6
The Use of Hidden Cameras Brief History (contd)
  • 1989 PrimeTime Live became the first to use
    new miniature cameras to document alleged
    patient abuse.
  • 1992 The Society of Professional Journalists
    (SPJ) and the Poynter Institute for Media
    Studies took official notice of the growing use
    of hidden cameras by adopting guidelines" for
    their use.

7
Privacy Personal Date Ordinance
  • Six Principles (by the Privacy Commissioner)
  • Purpose and manner of collection
  • Accuracy and duration of retention
  • Use of personal data
  • Security of personal data
  • Information to be generally available
  • Access to personal data

8
Exemptions
  • The Ordinance provides specific exemptions from
    the requirements
  • by the Privacy Commissioner
  • a broad exemption from the provisions of the
    Ordinance for personal data held for domestic or
    recreational purposes
  • exemptions from the requirements on subject
    access for certain employment related personal
    data and
  • exemptions from the subject access and use
    limitation requirements of the Ordinance where
    their application is likely to prejudice certain
    competing public or social interest, such as
    security, defense and international relations
    prevention or detection of crime assessment or
    collection of any tax or duty news activities
    and health.

9
Case Study (1)Testing the System
  • The Story
  • In Sept 02, two reporters from the New York Daily
    News sneaked banned items such as box cutters,
    razor knives and pepper spray through 11
    airports, including Bostons Logan International
    Airport.

10
Case Study (1)Testing the System (contd)
  • The Story
  • Around the same time, CBS chose another way to
    expose problems with airport security. CBS
    reporters placed lead-lined film bags inside
    carry-on luggage at seven airports. Although the
    bags would have triggered searches by airport
    screeners, they failed to detect or open the bags
    in 70 percent of the cases.

11
Case Study (1)Testing the System (contd)
  • Are these stories done properly?
  • YES, they are because
  • Concerns national security of great importance
    to the general public and of vital public
    interest.
  • The harm exposed by the information revealed
    through deception outweighs any harm caused by
    the act of deception.
  • No other methods could be used used as a last
    resort.

12
Case Study (1)Testing the System (contd)
  • Are these stories done properly?
  • YES, they are because
  • New York Daily News did not actually break the
    law by smuggling prohibited weapons, but by
    testing the system. As of now, no charges have
    been filed.
  • CBS smuggled no contraband and broke no laws.
  • Both Daily News and CBS did describe their
    reporting methodology.

13
Case Study (1)Testing the System (contd)
  • Without some protection for seeking out the
    news, freedom of the press could be eviscerated,
    Justice Byron White, 1972.
  • I think there are times you need to break the
    law when the public needs to know something,
    Joann Byrd, chairwoman of the American Society of
    Newspaper Editors ethics and values committee.

14
Case Study (1)Testing the System (contd)
  • Are these stories done properly?
  • NO, they are not because
  • Facts
  • BREAKING THE LAW reporter smuggles weapons
    through airport security systems
  • Reasons against
  • Is there any other alternatives ?
  • CBS News chose another way to expose problems
    lead-lined film bags inside luggage instead of
    banned weapons
  • Possible damage by undercover
  • It will create public panic, false alarm effect
  • Should journalist engage or help creating illegal
    activity in pursuit of a story

15
Case Study (2) Indias Tehelka operation
The case Tehelka was an Indian online news site
founded by a journalist named Tarun J Tejpel.
Two of its reporters posed as arms dealers and
captured senior officials taking bribes on
camera. The operation took 8 months. The
reporters approached and offered the ruling
partys president a new year party gift in
exchange for putting an arms deal their way The
reporters entertained the army officers and
defense ministry officials by providing with
whisky parties and prostitutes. Here you go.
the video
16
Case Study (2) Indias Tehelka operation
  • Is it ethical when hidden cameras, whisky parties
    and prostitutes are involved?
  • In this case, YES
  • Reasons
  • 1. public interest is overwhelming
  • 2. under covering is the last resort

17
Case Study (2) Indias Tehelka operation
  • 3. to fulfil presss responsibility under
    pressure
  • I wanted to go beyond the moral outrage at
    what has happened and create an independent voice
    that carries no candle for any particular
    political party or business house
  • -------
    Tarun J Tejpal Tehelka
  • 4. whats the highest ideal of journalism?
  • Thanks to many brave Indians prepared to
    defend it, the democracy still lurches on.

  • ------ The Guardian

18
Case Study (2) Indias Tehelka operation
(contd)
  • Negative consequences
  • The defense minister and the president of the
    ruling party resigned but the defense minister
    resumed position 6 months later
  • The govt investigated the corruption and the
    inquiry later was turned on the website itself.
    Tehelka was forced to closed
  • Tehelkas founder journalist Tejpel received
    death threats
  • Sex workers concern groups accused Tehelka of
    pimping for its reporters had provided
    prostitutes to entertain the official involved

19
Case Study (2) Indias Tehelka operation
(contd)
  • Again, should journalist engage in setting-up or
    creating a crime to pursuit of a story ?
  • Erode journalistic integrity provide
    prostitutes to entertain the officials
  • Does journalist has privilege than others in
    committing any crimes ?
  • What is the role of journalist ? Report or
    commit a crime ?

Negative Impact
20
Undercover story in Mainland Journalism
  • Begins in 1990s and Prevails since 2000s
  • Widely used television, broadcasting and
    newspapers
  • Some famous media taking undercover story
  • Focus (CCTV) (????)
  • Weekly Quality Report (CCTV) (??????)
  • The 7th Day (BJTV) (???)
  • News in Length and Breadth (CNR) (????)
  • Southern Weekend (????)

21
The Moon Cake Stuffing Event
  • 2000.8-2001.6, two CCTV reporters shot how a
    manufactory in Nanjing produced moon cake
  • unsold cakes ---- stuffing---- new cakes
  • The company went into bankruptcy and the moon
    cake market shrank by 40

22
Weekly Quality Report
  • Starting from 2003.5
  • All the programs taken by hidden camera
  • Focus on food security, products quality
  • JinHua Ham
  • (????)
  • Diseased pigs
  • Bad sanitary conditions
  • Saturated with a kind of pesticide

23
Weekly Quality Report
  • Ingredients for Hot Pot
  • (??????)
  • Adding industrial-use olefin (paraffin)

24
Code of News Probe (CCTV)
  • Under covering is not a conventional
    technique, and it could not be used as a means
    only to turn the story more dramatic. It only can
    be used under the four following principles
  • 1. There are clear evidence to prove that
    what we are investigating is a matter violating
    public interest seriously
  • 2. Theres no other means to collect relevant
    materials
  • 3. It would be very difficult to get the true
    information if our identity is exposed
  • 4. Agreement of the producer.

25
  • In todays China, the public is rather tolerant
    to the undercover reporting. ...Under covering is
    widely believed the only means to disclose the
    dark side of the society, as the Chinese saying
    in the two wrongs, take the less wrong.
  • ------ Guo Zhenzhi (Beijing
    Broadcasting Institute)
  • 1. Illegal behavior are very common
  • 2. Local government, company, and institution
    often intervene journalist interview and try to
    protect their own interest
  • 3. Public strong sentiment against the
    illegal behavior and peoples psychology to
    observe others secretly.
  • ------
    Chen Lidan (Chinese Academy of Social Science)

26
What does the law say?
  • A new explanation of the Act 68 of the
    Regulations Concerning Collecting Evidence in
    Civil Cases
  • for those evidence collected by lawful
    means, non-suspected video/audio material and the
    valid copy of the v/a material , the court
    should confirm its validity
  • -------- Supreme Court, PRC. China
    (2002.4.1)

27
Conclusion
  • Public interest vs. Regulation
  • Credibility of journalist vs. Lie to tell the
    truth
  • How to practice undercover story makes a
    difference

28
More Cases (Against)
  • The Palace Snoop
  • A Daily Mirrors reporter penetrated the royal
    familys daily life as a footman.
  • He peddled a fake resume with his given name on
    it and worked at Buckingham Palace for 2 months.
  • The expose came on the second day of President
    Bushs state visit to the palace, with dozens of
    photographs, in the name of national security.

OFFICIAL My full access Palace identity card    
29
Exclusive Photos
  • THIS is the bedroom George Bush and his wife
    slept in last night. But five days ago, as
    Britain and the US geared up for the biggest
    security operation at the Palace since WWII, I
    was able to take this photograph Had I been a
    terrorist, the consequences are unthinkable.

30
More Photos
  • THE ROYAL BREAKFAST With flowers on the table,
    cereal sitting in Tupperware boxes and fruit laid
    out on a plate, this was the scene at the Queen
    and Prince Philip's breakfast table just moments
    before they arrived to eat. It looks innocent
    enough, but I could have been a terrorist with
    plenty of time to poison it. The ease with which
    I had access to the royal couple's food was
    shocking beyond belief.

31
To view more
32
Gossip mongering or journalism?
  • The expose caused embarrassment on many levels.
  • The Queen sued over the invasion of privacy.
  • Mirror settled and did not publish any more
    pictures or articles and to pay 42,400 in legal
    fees.
  • Is this unethical gossip mongering or a fine
    example of journalism at its best?

33
More Cases (contd)
  • Local Media
  • Local Chinese language newspapers, such as
    Oriental Daily and Apple Daily, are famous for
    their paparazzi-styled reporting of private life
    of celebrities with photos taken by hidden
    camera.
  • Does the story involve public interest? Is the
    expose an intrusion of privacy? May it harm
    innocent people?
  • Existing Law
  • Legislators have recently suggested that the
    police to use offences against public decency
    instead of loitering to charge offenders of
    using hidden camera. The max. penalty can be 7
    years imprisonment.

34
Problems
  • Hidden cameras are overused and misused.
    Journalists too often use forms of deception and
    misrepresentation as a shortcut in their
    reporting.
  • This tools have extremely sharp edges, and when
    improperly used they harm innocent people and
    erode journalistic integrity. When these tools
    are overused they become dull, losing their
    impact. (Bob Steele of Poynter Institute)

35
Problems (contd)
  • Use of hidden cameras and deception techniques
    may undermine the publics trust in the media and
    erode the credibility of journalism.
  • It would adversely affect the news-gathering
    ability of journalists in the long term.
  • The use of dishonest methods to obtain
    information is always open to the accusation that
    two wrongs do not make a right.

36
Conclusion
  • Negative impact
  • Deception may erode the integrity of journalism.
  • Possible damage that may harm innocent people, or
    cause public panic, etc.
  • Legality
  • Is it permissible for journalists to engage in
    illegal activity in pursuit of a story?
  • Violation of security law, bribery, intrusion of
    privacy, fraud, use of false document, etc.

37
Conclusion (contd)
  • Ethics
  • two wrongs do not make a right, a question of
    hypocrisy. Given that the news medias
    functionis to seek out and expose wrongdoing as
    such, if had better not to be guilty of the very
    same sins it exposes in others if it is to avoid
    the charge of hypocrisy. (M Kieran, Media
    Ethics, 1997)
  • Unfair to the subject.
  • This covert method of newsgathering amplifies
    any accusations we make. We must insure that the
    tone and emphasis of hidden camera video meet
    standards for factual accuracy and contextual
    authenticity. (Bob Steele of Poynter Institute)

38
Code of Ethics and Guidelines
  • HKJA
  • The use of means that are not straight forward
    to obtain information and photographs can be
    justified only by over-riding considerations of
    the public interest.
  • Society of Professional Journalists (US)
  • Journalists should be honest, fair and courageous
    in gathering, reporting, and interpreting
    information.
  • Journalists should avoid undercover or other
    secret methods of gathering information except
    when traditional open methods will not yield
    information vital to the public.

39
Code of Ethics and Guidelines (contd)
  • BBC producers guidelines (UK)
  • If permission of the owner, occupier or their
    agent has not been obtained, the BBC will
    generally use hidden cameras or microphones on
    private property only where prime facie evidence
    exists of crime or of significant anti-social
    behaviour by those to be recorded.
  • German Press Code
  • As a matter of principle, a researching
    journalist who makes untruthful statements about
    his identity or the identity of the publication
    he represents is guilty of conduct incompatible
    with the dignity and role of the press.

40
Checklist
  • HKJA If information cannot be obtained straight
    forward, photographs ( or other means) can be
    justified only by over-riding considerations of
    the public interest.
  • The means are lawful in the criminal and civil
    sense We are to report and not to commit, create
    or help to create any crimes.
  • Any other alternatives There is no other
    reasonably practicable means of obtaining the
    information.
  • Privacy It must be of vital public interest and
    prevent possible harm to innocent persons.

41
Survey
  • Journalists were asked whether several reporting
    practices "may be justified on occasion" if the
    situation involved an "important story."
    Undercover employment, while justified by a
    slight majority (54 ), shows a 9 decline in
    2002 compared with 10 years ago. The American
    Journalist Survey by Indiana University
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