Who is a Journalist

1
Who is a Journalist?

• February 2, 2002
• JMSC, HKU

2
Vanessa Leggett -- the Case

• Jailed for refusing to hand over research
  materials about a murder case.
  
• Leggett is a writing lecturer at University of
  Houston.
  
• She promised anonymity to interviewees
• HK journalists may protect sources in
  journalistic activities

3
Vanessa Leggett -- the Argument

• Its about the public right to a free and
  independent press. Leggett
  
• Federal prosecutors argued that she was not a
  journalist and did not qualify for first
  amendment protection.

4
First Amendment (US)

• Congress shall make no law respecting an
  establishment of religion, or prohibiting the
  free exercise thereof or abridging the freedom
  of speech, or of the press or the right of the
  people peaceably to assemble, and to petition the
  government for a redress of grievances.

5
Questions arise

• Who is qualified to be called a journalist?
• Affiliation? Title (Reporter)?
• Freedom of the press in HK -- Basic Law

6
Qualified privileges in HK

• Collect information in public area
• protection from libel in some cases
• may protect sources
• may decline to submit materials to the police,
  e.g. Lau Kong Kwan case of Apple Daily
  
• Personal Data (Privacy) Ordinance

7
Personal Data (Privacy) Ordinance

• Restricted Powers of the Commissioner
• Access exemption for journalistic data
• What is journalist activity?
• News Activities -- any journalistic activity
  and includes news gathering and the preparation,
  compiling or dissemination to the public news
  articles or programs or observations on news or
  current affairs.

8
Matt Drudge --the Case

• Online journalism
• 30 million libel suit against Drudge and America
  Online
  
• Drudge posted online a rumor about a White House
  aides spousal abuse past.

9
Matt Drudge -- the Judgement

• 1996 Communications Decency Act -- immunizes ISP
  (AOL)
  
• HK -- OFTA unlikely to sue ISPs, no guarantee,
  
  
• Drudge was not exempt from being sued.

10
Who is a journalist?

• Federal Judge Drudge is not a reporter, a
  journalist, or a newsgatherer. He is, as he
  admits himself, simply a purveyor of gossip.
  
• What is news? Who is a newsgatherer?
• What about reporters in Next or East Magazine?
  Are they news magazines? Are their reporters
  newsgatherer or purveyor of gossip?
  

11
Matt Drudge -- the Argument

• Who is qualified to determine who can be called a
  journalist? The court?
  
• The Government? Through licensing? e.g. China,
  Zimbabwe esp. restrict foreign reporters
  
• Every citizen can be a reporter. Drudge
• Who can be part of the press?
• Does the press deserves special legal status?

12
Ted Gups Ideals

• The answers lies in the sum of training,
  character and attitude.
  
• It is a fallacy that everyone may be a
  journalist.
  
• It is a calling and not merely a trade.
• A journalist works for the public the public is
  entitled to the very best information.
  
• Reality Media is business more than social
  responsibility?

13
Ted Gup (cont.)

• Formal academic training?
• A press pass? Affiliation? e.g. World Economic
  Forum (3 Categories)
  
• Who set these standard and criteria for the press
  members?
  
• Anyone who recognizes and protects the sanctity
  of what we do, who subscribes unswervingly to an
  ethical canon grounded in balanced, fairness,
  restraint and services. Published online or in
  print, it matters not. Gup

14
Mike Godwin

• The Internet makes the kind of journalistic
  entrepreneurship possible for someone whose only
  capital assets are a personal computer and a
  story to tell.
• The internet represents not just the future but
  our best hopes for journalism and democracy.

15
Mike Godwin (Cont.)

• Computer revolution -- online writers
  (inferior?)
  
• no editors (apprenticeship)?
• less credibility?
• less resources?

16
Foreign Correspondents

• Demanding more international news
• Expensive to maintain foreign bureaux
• Freelance reporters
• Reporters at war zones
• Opportunities for young and aspiring journalists
  -- to cover major intl stories for prestigious
  news organization

17
Celebrity Journalists

• Lavin Simply the fact that someone has become
  well-known isnt unto itself either wrong or bad.
  What we want to make judgments about is what kind
  of journalist are they?
• Willingness to become a celebrity
• Bob Woodward or Carl Berestein?
• HK female journalists, anchors

18
Celebrity Journalists (cont.)

• Does celebrity enhance or hurt the profession?
• Does it affect the work of journalists?
• Ethics Policy, e.g. CNN?