Media Ethics: Issues and Cases 8th Edition by Philip Patterson, Lee Wilkins

Exercise 6

Conflicted Interests, Contested Terrain: The New York Times Code of Ethics
BONNIE BRENNEN
Marquette University
In January 2003, the New York Times broke a lengthy tradition and published its new ethics code on the Web. The Times decision was an important one, for ethics codes are often controversial in both their creation and their application. However, ethics codes can be an important marker of specific social practices created under particular social, economic and political conditions at distinct times in history.
For example, members of the American Newspaper Guild in 1933 crafted one of the first ethics codes developed by journalists rather than managers. That code suggested the "high calling" of journalism had been tarnished because news workers had been pressured by their employers to serve special interests rather than the public good. Conflict of interest was centered on the relationship between reporters and sources and the code made a particular point that business pressures were putting undue stress on newsrooms. The code recommended that to combat business pressures the news should be edited "exclusively in newsrooms."
Ethics codes in general are controversial among professionals and scholars. Some maintain that ethics codes are nothing more than generalized aspirations-too vague to be of any use when specific decisions must be made. Others insist codes can be helpful to beginning journalists, photographers and public relations practitioners; they provide some guidance in the form of rules that can be internalized as professional expertise and experience deepen. And still others see codes as a manifestation of the ideology of an era-more about power and politics than ethics.
The new Times code linked its creation to the public perception of the "professional reputations of its staff member(s)." The code was directed to "all members of the news and editorial departments whose work directly affects the content of the paper."
The code focused primarily on conflict of interest. In fact, the code did not mention accuracy and fairness and devoted only a single sentence to privacy. However, when addressing conflict of interest, the code was both specific and detailed. The Times code considered the impact that spousal relationships might have on news coverage. It also addressed whether journalists working abroad should abide by the ethics and mores of the countries in which they are stationed, most of which do not provide the equivalent of First Amendment protections.
The code required staff members to disclose yearly speaking fees in excess of $5,000 and prohibited staff members from accepting gifts, tickets, discounts or other "inducements" from organizations the Times covered. Staff members could not invest in companies they covered, and payment for favorable or altered coverage was specifically forbidden.
However, staff members were allowed to do certain sorts of unpaid work- for example, public relations for a child's school fund-raising event. But Times staffers were forbidden from giving money to candidates or causes, marching in support of public movements or appearing on radio and television shows to voice views that went beyond those of the paper. When family members, such as spouses, participated in such activities, Times staffers were required to disclose those activities to management and recuse themselves from certain sorts of coverage.
The Times code was protective of the newspaper's place in the marketplace. Staffers were prohibited from disclosing confidential information about the operations, plans or policies of the newspaper to other journalists. Such questions were to be referred to management. If readers asked such questions, Times staffers were encouraged to respond "openly and honestly." Times staff members also were prohibited from doing freelance work for any media outlet that competed with the Times. "Staff members may not appear on broadcasts that compete directly with the Times' own offerings on television or the Internet.... As the paper moves further into these new fields, its direct competitors and clients or potential clients will undoubtedly grow in number."
Should managers and owners be subject to a code of ethics, particularly for publications as influential as the Times?