This research will be based on a number of books and journal articles that discuss the various definitions, occurrences and consequences of journalistic deception. Deni Elliot and Charles Culver discuss the situations that constitute deception in journalism and whether this deception is ever morally justifiable. Bob Woodward and Carl Bernstein deceived sources to get information that could prove or disprove their hunches. Janet Malcolm presents a first-person practical study of the relationship between a writer and a subject. Her book The Journalist and the Murder narrates the story of a convicted murderer and the writer who proclaimed his innocence in order to remain privileged to sensitive information. Seow Ting Lee constructed a study where practicing journalists were interview about their personal experiences with deception, introducing some empirical evidence into the discussion. Lee followed up with a study of how tolerant journalists were of other’s deception as well as their own.
Elliot and Culver begin their discussion with the story of Chicago Sun-Times reporters Zay Smith and Pamela Zekman. In an attempt to study and report on governmental corruption, they opened a bar for the purpose of creating a bribe situation.
Ables 2
When their plans worked to perfection and they had documented multiple offenses, the pair was surprised to learn they were denied the Pulitzer Prize. Former editor of the
Washington Post Ben Bradlee was a member of the committee that made the Pulitzer decision. Bradlee had overseen two reporters help uncover massive fraud conducted by and in the name of the President and stated that their target as journalists should be those who deceive. They should not utilize or participate in this deception (Elliot 3). Despite their efforts and success in exposing corruption in the American government, the reporter’s deeds went unrewarded. Clearly their use of deception did not harm anyone other than corrupt public officials. Their sting operation actually improved the quality of life in Chicago (if only to trivial degree) as these officials were removed from their positions of power.
Bradlee takes an objective a stand on this issue while his practices may be more subjective in relation to this topic. His supervision of Bob Woodward and Carl Bernstein during the Watergate investigation ultimately proved successful despite a number of questionable practices during the investigation. On one occasion the reporters contacted the Justice Department about grand jury testimony. An agent there had trouble remembering the name of the man in question. Since Bernstein and Woodward thought they knew what his answer should be, they suggested a name (Bernstein 201). The agent confirmed it but got the first name wrong. Bernstein and Woodward called back and suggested the full correct name and the agent confirmed. Unfortunately, they were all wrong about when and where that name had been mentioned but Bradlee (unaware at the time these practices had led to misinformation) let the story run and the Post experienced
Ables 3
immense pressure after the information in their story was reported false elsewhere. Perhaps Bradlee saw an error in this method and years after the Watergate investigation, exercised his opinion in denying the Pulitzer Prize to Smith and Zekman.
However, their small steps across the line of ethics were necessary to obtain their information. Had they revealed their motives to everyone they encountered, their access to information would have been limited perhaps to a degree that could have ended the investigation before any real progress had been made.
Seow Ting Lee discusses the situations where deception arises in the workplace. His research contends that deception is prevalent in the current workplace but still met with negative reactions by some. As a method of research, Lee used 20 depth interviews to communicate with those who might have important information. Lee describes the depth interview as "an extended conversation with a purpose." Its merits, according to Lee, include an ability for the interviewer to reveal "hidden feelings, attitudes and beliefs that respondents are unaware of or that exist vaguely in their consciousness." Another researcher, Berger, contends that the depth interview is a way to get through the normal defenses people might have about sensitive topics such as the use of deception in journalism. This type of extended dialogue seems useful in obtaining more qualitative data. Lee intended to talk to working journalists about their experiences, rendering their responses (assuming the information they gave is accurate) completely valid, as the best measurement for the existence of something like journalistic deception would be it's measure of existence in field work. All but two of the 20 journalists interviewed had at
Ables 4
least 10 years of experience. The interviews conducted average an hour and a half in length, with the longest being 2.5 hours and the shortest 57 minutes.
Lee found that 14 of the journalists interviewed had used deception. Those who said they did not use deception said they knew of someone who had. Lee found that most of those who had used deception tried many tactics to justify their actions. They accepted responsibility but denied that it was wrong. Some said that refraining from deception is the best course of action, but in some cases it was justifiable. The justifications demonstrate that the journalists were working for something more important - "It was an important story" - or to keep someone safe - "If their identity was known, there would be a lot of trouble." Lee says that the imperative of truthfulness (the inverse of deception) is understood by all who deceived, "or else there would be no need to justify such exceptions."
Lee successfully proves that journalistic deception does exist and is justified for the purpose of continuing deception or continuing a story pieced together using deception. Many claimed it was to protect their source. One of his interviewees gave hard proof of this: "Let's say if someone asks you, "Did so-and-so talk to you?" And you say no, I don't have a problem with that if you've made an agreement to protect the person. You know, what you put in print and what you do to get something into print are two different things."
Based on his research, Lee says there are three rules that help explain journalistic deception:
Ables 5
1. Who is deceived (newsmakers vs. audiences)
2. The perceived character of the person deceived (good vs. bad)
3. The nature of the act (omission vs. commission)
Lee expands on the discussion of deception in “Predicting Tolerance of Journalistic Deception.” He establishes that deception exists and is used as a tool but notes that it may not be a morally indefensible tool. “Journalists are expected to tell the truth, but in what appears to be a paradox, they may have to deceive to get at the truth (Lee – Predicting 1).” This research establishes the use of deception in the practices of journalists and begins to determine what situations constitute immoral deception. Lee lays out a system for determining how deception is interpreted by journalists.
The various deceptive acts appear as points in a continuum; some acts are more acceptable than others. Three assumptions appear to shape the continuum: (a) who is being deceived (audiences vs. newsmakers or sources); (b) the perceived moral character of the person being deceived (good vs. bad; media savvy vs. not media savvy); and (c) the nature of the act (omission vs. commission). In general, journalists were more willing to use deception if the person being deceived is a newsmaker or a source, a “bad” person, someone who is media savvy, and if the deceptive act involved withholding of information rather than active falsification of information (Lee – Predicting 24).
From his research Lee concludes that competition is the most important factor in determining whether deception is considered moral or not. Lee states that these factors
Ables 6
are more important than any individual factors such as education level or personal ethical
beliefs. Regardless of any ethical criticisms or consequences, Lee notes that deceiving a source may ultimately damage the reporter’s credibility (Lee – Predicting 35).
Janet Malcolm presents her case for journalistic deception with razor sharp honesty. Her book The Journalist and the Murderer is the account of deception in the relationship between writer and subject. Jefferty MacDonald was a highly respected Army doctor convicted of murdering his family. He established communication with author Joe McGinnis and solicited his skills for the purpose of writing a book that MacDonald hoped would help exonerate him. McGinnis had participated in this type of activity before, covering the Nixon campaign. There McGinnis learned of the privileged information he could obtain as a writer (Malcolm 11). He undertook the project with MacDonald as an opportunity to break out as a writer. During his investigation of MacDonald and the trial, McGinnis became overwhelmed with the idea that MacDonald was guilty. Certainly this information would have led MacDonald to cease his relationship with McGinnis but McGinnis never shared these feelings. In fact, while MacDonald was in prison, McGinnis wrote him letters continually establishing his belief that MacDonald was innocent and a victim of bad investigation; he referred to him as his “friend.” MacDonald, convinced that McGinnis was working to prove his innocence, continued to give McGinnis support for his investigation. MacDonald provided McGinnis the use of his apartment in Los Angeles for research purposes as well as giving him access to all case files and basically anything McGinnis requested. McGinnis’ book on the subject, Fatal Vision, was published and painted a clear picture of a brutal
Ables 7
murderer with no room for doubt. MacDonald sued McGinnis for libel saying the book defamed him and that he was deceived. McGinnis claims he has done nothing wrong, that to reveal his intentions would have sent MacDonald fleeing contact thus ruining his project.
Malcolm presents the idea that there is a difference between "the reporting and writing phases of the journalistic enterprise…as if the reporting and writing were done by two different people." She writes that the reporter is friendly and nonassertive so that he gains the trust of the subject and therefore is more likely to get better information. The writer then takes that information and constructs an interesting, sometimes scandalous story.
The libel trial raises many questions of practicing journalists. Is it ethical to deceive a subject in order to get information, especially if that information is truth? McGinnis's defense calls other professional writers to the stand to defend that "McGinnis's deception of MacDonald was standard operating procedure." Malcolm then finds herself as a victim of the dilemma about which she is writing. After the trial is over, no one will talk to her. Malcolm treated the construction of her story as ruthlessly as McGinnis had told his. Her stark adherence to the truth is evident in the first sentence of her book. "Every journalist who is not too stupid or too full of himself to notice what is going on knows that what he does is morally indefensible."
These researchers have provided a framework for this paper’s assertion that deception in journalism is ethical only when necessary for exposing a larger, eventual
Ables 8
truth and must also be done in a way not to immediately or intentionally harm physically or through an act of libel. In some cases, deception is the only way to obtain information. A journalist must sometimes hide his motives to become trustworthy but as long as this does not harm anyone and is understood as necessary for a greater outcome, it is morally justifiable.
Sources
Deni Elliot and Charles Culver, “Defining Acts of Journalistic Deception.” (paper presented at the Annual Meeting of the Association for Education in Journalism and Mass Communication, Portland, Oregon, July 2-5 1988).
Carl Bernstein and Bob Woodward, All the President’s Men, (New York: Simon and Schuster, 1975)
Seow Ting Lee, “Lying to Tell the Truth: Journalists and the Social Context of Deception,” Mass Communication and Society Winter 2004: p 97-120.
Janet Malcolm, The Journalist and the Murderer (New York: Knopf, 1990)