Title: Undercover Reporting The Use of Hidden Cameras
1Undercover Reporting/ The Use of Hidden Cameras
- Arguing FOR Vivian Tang, Celine Sun
- Arguing AGAINST Lilian Kwok, Kenny Wan
2What 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.
3What 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.
4History 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 .
5The 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.
6The 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.
7Privacy 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
8Exemptions
- 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.
9Case 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.
10Case 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.
11Case 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.
12Case 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.
13Case 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.
14Case 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
16Case 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
17Case 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
19Case 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
20Undercover 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 (????)
-
21The 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
22Weekly 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
23Weekly Quality Report
- Ingredients for Hot Pot
- (??????)
- Adding industrial-use olefin (paraffin)
24Code 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)
26What 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) -
27Conclusion
- Public interest vs. Regulation
- Credibility of journalist vs. Lie to tell the
truth - How to practice undercover story makes a
difference
28More 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
29Exclusive 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.
30More 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.
31To view more
32Gossip 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?
33More 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.
34Problems
- 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)
35Problems (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.
36Conclusion
- 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.
37Conclusion (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)
38Code 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.
39Code 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.
40Checklist
- 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.
41Survey
- 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