The challenges faced by a journalist (2)

Public Sphere

Journalism is important as it catapults discussion of information into the public sphere. This social role gives a journalist the role of reflection and practitioning news, treating it as a practiced art form, understanding that it goes beyond mere entertainment.

Brian McNair states how:

'Analysts and critics may dispute the extent to which Britain has a properly functioning 'public sphere'...but all agree that such a space should exist, and that the media are at its core.'

In the late 17th and early 18th centuries Jurgen Habermas stated how, 'the advent of a public sphere of reasoned discourses circulating in the political realm independent of both the Crown and Parliament (Allan 1997: 298).

Granville Williams argues that the concept that journalism serves an informed citizenry is undermined by the fact that that audiences are often treated as merely consumers. He believes there are constant battles between:

• Community v Globalism
• Value v Price
• Society v Market
• Regulation v Efficiency
• Need v Want
• Citizen v Community

Reflective Practitioner

Lynette Sheridan Burns (2002: 11) believes that journalists must become reflective practitioners, if they are to avoid losing the importance attached to social responsibilty:

'Professional integrity is not something you have when you are feeling a bit down at the end of a long week. It is a state of mindfulness that you bring to everything you write, no matter how humble the topic...Put simply, given the power that you have to do good or harm by virtue of the decisions you make, under pressure each day, the least you can do is think about it. It means an active commitment in journalists to scrutinise theor own actions, exposing the processes and underlying values in their work while they are doing it'.

Pat Aufderheide discusses the need to produce 'a more self - aware journalistic culture'. With regards to the US television after the 9/11 attacks, he argues  that journalists do need 'time, money and imagination to experiment with the kind of  reporting that gives viewers an understanding of large conflicts and issues in the world, before they become the stuff of catastrophe.'

The importance of maintaining curiosity

One of the main challenges in journalism is said to be the retention of curiosity.

Martin Wainwright of the Guardian states how, 'the best journalists go into a situation with an open and absorbing mind.' He continues: 'The great virtue of a journalist is curiosity - a constant interest in what makes people tick, why has this happened, what is going on?'

Jane Merrick, of the Press Association believed that modesty is an important quality to possess: 

'Never think that you know more than the lowest journalist on the newspaper or agency, or wherever you start. Take everything on board. There's a balance between giving your newsdesk  the confidence that you can do the job, and being level-headed. It's a matter of getting the balance right. Journalists will respect somebody prepared to take it all on board.'

Abul Taher feels that journalism is ' a daily ritual of moral and intellectual compromise - it is a good job, but it is hard'.

Paul Foot, a long standing reporter, investigator and columnist has some useful points for  aspiring young journalists in the 21st century:

I think people should join the NUJ and if there isn't a union where they work they should do their best to try and form one. That's the first thing. The other thing is, don't lose your sense of curiosity or your sense of scepticism. Understand the way the industry works and do your best to apply yourself against that. The last thing I mean is young people rushing in and telling their editors how to run the world, that's absolutely fatal. There's nothing worse than the arrogant young person - who knows everything - going and telling people what to do. Even if they're right, which often they are, that's not the way to behave. That's the way to get sacked. You've got to keep your head, you've got to bite your lip, and you've got to do what you're told a lot of the time. Nine times out of ten it's better to go ahead and do what you are told, but there's a tenth time when it is worth resisting. The main thing is to keep your sense of independent observation as to what's happening around you, and to try to use what ability you have to get those things into print. Whatever, you see, there's a story behind it. There is a truth and there's no doubt there are facts. Facts are facts. you cannot bend them.'

The one thing to remember then is once you have that initial foot in the door, do as your told by your editor!

Agency

Agency refers to the extent to which individual journalists can make a difference to the news. 

The political economy model has developed the idea that it is the determining role played by economic power and material factors in creating media products.

Peter Golding and Philip Elliott state how: 'News changes very little when the individuals that produce it are changed' - quoted in Curron and Seaton (1997: 277).

Stuart Hall beieves that the media have 'relative autonomy from ruling class power in the narrow sense,' but emphasises the 'relative', as he states his belief that journalism tends to reproduce societies prevailing ideology.

John O'neil believes that although agency may be limited by economic structures it does very much exist:

'Many, I suspect, find themselves forced to compromise the constitutive values of journalism,

while at the same time insisting that some of the standards be enforced...Journalists, like other workers, are not totally passive in their attitude to their own faculties.'

Harcup argues that talk on agency needs to take into account the tension of between journalists, of different identities between individual professionals, as socially responsible citizens, and as workers with a sense of a collective identity.

The challenges faced by a journalist (1)

Constraints

One of the many challenges facing journalists are the constraints that is placed upon them in terms of what they are able to publish.

Brian Whittle believes that 'the best reporter is someone who's naturally nosy.'

Common constraints also include time, style, advertisers, audience, subjectivity and sources that journalists face on a daily basis. With these in mind, David Randall came up with the suggestion that every newspaper should consider publishing this disclaimer:

'This paper, and the hundreds of thousands of words it contains, has been produced in about 15 hours by a group of fallible human beings, working out of cramped offices while trying to find out about what happened in the world from people who are sometimes reluctant to tell us and, at other times, positively obstructive. Its content has been determined by a series of subjective judgements made by reporters and executives, tempered by what they  know to be the editor's, owner's and reader's prejudices. Some stories appear here without essential context as this would make them less dramatic or coherent and some of the language employed has been deliberately chosen for its emotional impact, rather than its accuracy. Some features are printed solely to attract certain advertisers.'
What he really means is that do not believe all what you read in newspapers.
The London Evening Post in 1754, was quoted as saying 'Those who declaim against Liberties taken by Newspapers....know not what they say; it is this Liberty, that....protects all the rest.'
However, it has been argued that, although the journalists work alongside various constraints, some of these may be considered positive. For example, the Code of Conduct set out by the National Union of Journalists and the Code of practice by the Press Complaints Commission may be interpreted as protecting and helping journalists to resist what may be viewed as unethical behaviour and also defending journalistic integrity (Harcup 2002a and 2002b).
HG Wells delivered a message to his members of the NUJ in 1922 saying how:
'We affect opinion and public and private life profoundly, and we need to cherish any scrap of independence we possess and can secure. We are not mere hirelings ; our work is creative and repsponsible work. The activities of rich adventurers in buying, and directing the policy, groups of newspapers is a grave public danger. A free-spirited, well-paid, and well-organised profession of journalism is our only protection against the danger. (Quoted in Mansfield 1945: 518).

Ethical Responsibility

A further challenge for journalists is the importance of ethical responsibility. Jake Lynch, an international TV and print reporter believes that journalists must take this seriously as it is an imperative consideration of the job:

'In this information age, journalists are not disconnected observers but actual participants in the way communities and societies understand each other and the way parties wage conflict...We live in a media-savvy world. There's no way of knowing what journalists are seeing or hearing would have happened the same way - if at all - if no press was present. This means that policies are born with a media strategy built in. There's nothing pejorative in that, it's a condition of modern life; but it closes the circle of cause and effect between journalist and source. The only way anyone can possibly calculate journalists' likely response to what they do is from their experience of previous reporting. Every time facts get reported, it adds to the collective understanding of how similar facts will likely be reported in future. That understanding then informs people's behaviour. This is the feedback loop. It means every journalist bears some unknowable share of the responsibility for what happens next.'

Lindsay Eastwood has said how 'we should have been dodging bricks, but the adrenalin gets you.'

Media Law

Copyright

Week 7

The first copyright statute was the British Statute of Anne of 1709. The full title of this was "an act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned".
Copyright can be extended to photographs, films, sound recordings, broadcasts and computer technology (including software and databases).
It has been internalised from the late 19th century onwards and today adds both a global and European dimension to the law.
Currently copyright law is governed by the Copyright, Design and Patents Act 1988 which simplifies the different categories of works that are protected by copyright. This eliminates the treatment of engravings and photographs:

• literary, dramatic and musical works (s. 3): they must be recorded in writing or otherwise to be granted copyright, and copyright begins from when recording takes place
• artistic works (s. 4): includes buildings, photographs, engravings and works of artistic craftsmanship.
• sound recordings and films (s. 5)
• broadcasts (s. 6): a transmission by wireless telegraphy which is intended and capable of reception by members of the public.
• cable programmes (s. 7). A cable programme is a part of a service transmitting images, sound or other information to two or more different places or to members of the public by means other than wireless telegraphy. There are several exceptions however, including general Internet use.
• published editions (s. 8) refers to the published edition of the whole or part of one or more literary, dramatic or musical works.

A division also exists between the copyright treatment of 'author works', which are governed by the Berne convention and 'media works', governed by the Rome convention.
Copyright has economic functioning which enables the production emanating originally from information, ideas and entertainment to be rewarding for those authors and publishers who have produced them. Copyright also has the non-economic function of providing a legal system the ability to recognise creativity as an aspect of individual personality.

In Sweeney v Macmillan Publishers Ltd, Joyce estate, which owned copyright in Ulysses and preparatory material , claimed that a new edition of the material produced was an infringement of the author's copyright. It was held that copyright subsisted in each chapter and perhaps every page or even sentence of Ulysses, as it was an original piece. However, as each passage was to be incorporated into a larger work, copyright should be regarded as existing in the whole piece, rather than constituent parts.
In Robin Ray v Classic FM, the high court ruled that a contractor providing services owns the intellectual property in the materials created for their client.
In Coffrey v Warner/Chappell Music Ltd, Chappell wrote the music and lyrics to a song called 'Forever after'. Chappell claimed that the copyright for this song had been infringed by another song. The issue was whether these parts, that were contained in a larger piece of work  could by themselves constitute another work. It was held that, when taken in isolation, three features were not, when taken in isolation, sufficiently separable from the remainder of the song to be considered a musical work in its own right and it did not amount to a substantial part of 'forever after' as a whole.

The general principle is that copyright protects the expression of a work rather than ideas.
Lord Hoffman in Designers Guild Ltd v Russell Williams Ltd stated that the connection between an unpredictable idea into a copyright expression was the degree of originality, skill, labour and time depicted by the author.
Pixx Products v Winstone held that although each case should be judged on their own independent facts, it can be inferred that a higher level of generality or abstraction in terms of the idea of the work, the less likely it is to be protected as such.
In the case of Interlego AG v Tyco Industries Inc, concerned the artistic copyright claimed in engineering drawings modifying an earlier design by the same author, the Lego company. 'Nobody draws a tolerance,  nor can it be reproduced three dimensionally' - Lord Oliver. This is important as literary copyright knows no equivalent to the artistic copyright's concept of 3D infringement.

Fixation refers to the concept set out in the Berne convention which says that copyright subsists in literary and artistic works in terms of 'whatever may be made  of formed of its expression' (Art 2(1)). However, this does allow for the law 'to prescribe that works in general or any specified category of works shall not be protected unless they have been fixed in some permanent form' (Art 2(2)). So, copyright does not subsist in a literary, dramatic or musical work unless and until recorded in writing or otherwise (s.3(2)).
In Norowzian v Arks Ltd (No.2), Norowzian produced a film called 'Joy'. It showed a man dancing to music. The use of an editing technique known as 'jump cutting' made it appear that a man was making sudden changes in positions, that were not possible as successive movements in reality. Rattee J said that 'Joy, unlike some films, it is not a recording of a dramatic work , because, as a result of a drastic editing process adopted by Norowzian , it is not a recording of anything that was or could be danced or performed by anyone...'.

'Originality does not in this sense mean that the work must be an expression of originality or inventive thought. Copyright acts not with the originality of ideas, but with the expression of thought...originality which is required relates to the expression of the thought' - Peterson J.
'What is worth copying is worth protecting' - Peterson J.
 In George Hensher Ltd v Restawire Upholstery (Lanchashire Ltd), it was up to the judge to determine whether a rough prototype for a suite of furniture was a work of artistic craftsmanship. It was held that the prototype was not a work of artistic craftsmanship.
In Green v Broadcasting Corporation of New Zealand, the Privy Council had to grapple with the question of whether a few catchphrases used constantly by the host of a television show ('opportunity knocks') constituted a dramatic work. It was held that it did not amount to a dramatic work.

Effort, skill and labour

In Cramp v Smythson it was held that tables and information printed  on part of a pocket diary had no copyright because selection and appointment had not required the exercise of any judgement or taste by the complier.
In Exxon Corporation v Exxon Insurance, the claim was for a literary copyright in the single word 'exxon'. The failure concerned not being able to achieve the production of a literary work, rather than originality, but the point to be stressed is that effort, skill and labour by itself is not necessarily enough to get copyright.

Derivative works:
A new copyright is to be created concerning alterations to text which must be extensive and substantial.
In Black v Murray, it was held that the changes made in Black's second edition of material had their own copyright, but that Murray's takings were substantial and infringed copyright, but only in relation to the editorial notes.
In Walter v Lane, the House of Lords allowed the Times  newspaper copyright in reporter's verbatim transcript of a speech by Lord Roseberry, a leading politician. The reporters work was derivative, but the creation had involved expenditure of individual skill and effort.
Robertson v Lewis depicted the current judicial view, which tends to favour a reporter's copyright.

On the 14th December 2009, the European commission welcomed the ratification of the World Intellectual Property Organisation (WIPO) copyright treaties. So-called 'internet treaties' have now been introduced which are intended to make the world's copyright laws 'fit for the internet.'
 "Today is an important day for the European Union and its Member States and WIPO. We, as a group have shown our attachment to the international system of protection of copyright and related rights. These two treaties brought protection up to speed with modern technologies. As the technological evolution accelerates, protecting creators and creative industries is more urgent than ever" - Charlie McCreevy, Internal Market Commissioner.

Photographs

Photographs

 Action phototgraphs are the most common type of photograph to be used in news. The purpose is to represent what the story is about and create drama and description, as the written material merely gives the reader the facts.



Identification photographs, otherwise known as 'mugshots' are vital to avoid defamation claims. This would result from different people having the same name and so misidentification occuring, as was the case of Artemus Jones. 

                        Action Shots



                     



Identification Shots



Come on Zoe, pimp my ride!

Renault can name their new model Zoe.

A French judge, rejecting a case made by the parents of two girls coincidentally named  Zoe Renault.

The parent's argued that their children and also others, who have the forename Zoe, would suffer teasing, distress and therefore harm from Renault's latest move.

The judge disagreed and believed he could not see how children would suffer 'certain, direct and current harm.' It is thought the parents are planning an appeal.

The parent's lawyer David Koubbi told Associated Press:
"There's a line between living things and inanimate objects, and that line is defined by the first name...
we're telling Renault one very simple thing: first names are for humans."
Koubbi went on to say that following the hearing which took place on Wednesday, the judge defended his decision saying that this"was not a first name, but just a common noun".
Not only would this amount to distress and harm in the younger years, it could also stretch on into adulthood with comments such as 'Can I see your airbags' or 'Can I shine your bumper', claims Koubbi.

Features

Bella - 9th November 2010

• Confessional Interview: 'What turned this perfect father and partner into a violent psycho?', pages 24 and 25.
• Response: 'letters' followed by 'Tell us your views - there's £50 for the star letter and £10 for all others, page 31.
• Comment/Analysis: 'Icon or victim?' fashion piece, pages 4 and 5.
• Comment: 'Are women better drivers than men?', page 23.
• Investigative:  'New ways to beat the winter blues', pages 52 and 53.
• Profiles: 'Melinda's family favourites', pages 42 and 43.
• Pictures/ fashion: 'All wrapped up...', pages 32 and 33.

Star - 25th October 2010

• Comment/analysis: 'rated or slated', pages 50 and 51.
• Response: 'Seen it? Buy it!' followed by 'Spotted it on a star? Get the real thing!', page 53.
• Interview - Question and Answer: 'Celeb diet secrets' followed by this weeks interviewee 'Susie Amy', page 73.
• Arts review: 'Reviews films'. Pages 80 - 83.
• News Features: 'Cheryl opens up about Ashley - at last!', pages 8 and 9.
  

Closer 13th - 19th November 2010

• Confessional Interviews: 'My 15 year old needs his stomach stapled - not a diet', pages 20 and 21.
• Comment/Analysis: 'I say it like it is' followed by 'Kelly O', page 25.
• Response: 'Closer to you!', pages 34 and 35.
• Interview - Question and answer: 'Credit Watch' followed by Former Strictly contestant Matt Dawson, 38, on his last buys, page 57.
• Arts Review: 'Closer Hot Picks', page 101.

What's on TV 13th - 19th Nov 2010  

• Interview - Question and Answer: 'Garrow's love battle!', page 15.
• Response: 'Have your say', page 98.
• Feature on documentary: 'Mum, I'm no Monster!', page 29.
• Comment/Analysis: 'I'll tell Sally the truth!', page 7.
• Pictures: Actors and actresses throughout.

The Sun, Thursday, November 11th, 2010

• News Feature: 'I (didn't) predict a riot', pages 4 and 5.
• Comment Analysis: 'Kelvin Mackenzie', page 11.
• Pictures - a picture of Daniel Radcliffe on set. The headline reads: 'Harry to hairy' to represent what is shown in the picture (an older looking post- pubescent man), page 25.
• Response: 'dear deirdre', page 64.
• Consumer reviews: 'How to stay warm this winter', pages 56 and 57

The Daily Telegraph, Monday, November 8th, 2010

• News Feature: 'Danger: 46 jailed terrorists go free.' Appears on the front page.
• Investigative: 'Exercise, not diet, key to obesity', page 2.
• Pictures : throughout to compliment the story. The majority are of people. For example,  a feature containing an emotive. action shot of Jamie Oliver, beside the headline, 'We want nutrition experts - not you, Los Angeles tells Oliver, page 21.
• Expert review: 'Anyone for a gym and tonic?', page 29.
• Response: 'Puzzles, mind games and Herculis', page 24.

                                                                                                                                                                                                                                                                                                                                                                                                                   

Radio Journalism

Week 7

News priorities concern the order in which stories are broadcast. This will usually start from national news to news affecting the local area. This is dependent upon what type of radio station it is. The demographic and the area drive the demographic. I.e. a local radio station such as 'the breeze' may choose a local story as their main story. This will depend upon the content, the impact and the target demographic of the story.

Example of the order of a News Bulletin

1. One of James Bulger's killers is back in prison, after breaching the terms of his release.
2. A man's in a serious condition in hospital after being hit by a car in Bentley.
3. Secret files have emerged which suggest police in Portugal dismissed potential leads in the Madeleine  McCann case.
4. There's now more time to tell the Waverley Borough Council where new housing should go in the area.
5. Haslemere and Farnham and the areas around them are set to get a whole lot brighter.
6. Half of all men think the Elvis quiff is the greatest hairstyle ever invented.

The position of a story often depends upon the waning interest of the public and whether it is a national or local news story. There are subjective elements; however what needs to be considered in what story is going to provoke the biggest reaction. Often, negative, urgent stories are a higher priority to report than positive ones, as they are more likely to capture the interest of the audience.

 The unique selling point of local radio stations is the fact that they report on local stories. National news stations have many more stories to cover.

Intros

Previous:

1. Noone was seriously injured when a coach with 38 holidaymakers was in a collision with a lorry on the Southern approach to Inverness yesterday.

Now:

1. A coach of holidaymakers crashed on the coast to Inverness.

Previous:
2. According to a report published today British men between the ages of 35 and 45 are healthier than ever before.

Now:

2. British men are healthier than ever before.

Previous:

3. North Dale Crags, the popular tourist attraction in Dartmoor was the scene of a tragedy last Saturday when a young rock climber, 18 year old student Mark Wallcaster from Suffolk fell 150 foot to his death.

Now:

3. A man has fallen to his death on Dartmoor.

Previous:
4. It has been suggested by Mrs Hazel White, Secretary of the Westminster Chamber of Commerce that the local council tax is too high at £225 per year.

Now:

4. Local council tax is too high

Previous:

5. At 8.30 pm on Saturday 16th October at Greenwich Station, South East London, police were called to a disturbance as a result of which three men were arrested and one policeman was slightly injured.

Now:

5. A policeman has been injured at Greenwich station.

Making news is the production of a product. It needs to sell, because ratings matter!