Invasion of Privacy: The media ethic interpretation of covert interview

Abstract

This paper aims to explore whether covert interview conforms to media ethics. Covert interview is more and more used in journalistic practice, especially in exposing the dark side of society. However, everything has two sides, covert interview can be called a double-edged sword. The covert interview conflicts with some universally accepted ethical principles, and even touches the personal privacy of interviewees. If used properly, covert interview can become a powerful force to promote social change, otherwise, it will lead to ethical dilemma and even legal problem. There are a lot of controversies about whether the covert interview is ethical or not. It depends on which ethical theoretical principle to start from. This report will discuss the rationalization (whether it is ethical) of covert interview in media industry from three different ethical theoretical principles: Aristotle’s golden mean, Kant’s categorical imperative and John Stuart Mill utilitarianism. At the same time, this paper will analyze the standard of covert interview from the two aspects of freedom of press and privacy protection.

Introduction:

Covert interview refers to the interview form without the knowledge of the interviewees. The news materials that have happened or are taking place but have not been disclosed obtained through non-publicly recording methods such as secretly photographing and recording, or concealing the identity of the reporter, by experience or other means.

Different ethical principles hold different opinions on whether covert interview is ethical or not. For example, the holders of utilitarianism agree to use covert interview, while the holders of deontology are tending to oppose it. The supporters of covert interview mainly think from the perspective of freedom of press, the right of the public to be informed, public interest or national security. Compared with other forms of interview, covert interview can obtain the first-hand materials more objectively and truly, and better exert the media’s power of public opinion supervision. Because covert interview is conducted in the situation that the interviewees are not informed, and often used for critical reporting. Therefore, the truth of the interviews is influential, like a heavy bomb, which often brings strong visual impact and spiritual shock to the audience once it released. There are also some covert interviews that successfully expose the crimes of social groups and safeguard the public interest. In some covert interviews of TV programs, the slanting pictures and dim light create an immersive experience for the audience and increase the truth effectively.

However, for those who are opposed to covert interview, it will not only infringe the privacy of individuals (or enterprises) and cause ethical dilemma, but also damage the image and credibility of the medias. Because journalists conceal the identity of severing as reporters, interviewees are easy to relax their vigilance to tell the truth easily and directly. Once the interview involves the invasion of privacy, it will be involved in an ethical dilemma or even illegal situation. In addition, due to one-sided pursuit of sensationalism, some media organizations and reporters deviated from the correct understanding of the hot news and exclusive news, which easily lead to unclear propaganda guidance and biased writing angle, so as to damage the credibility of the media.

Media ethic interpretation of covert interview:

Aristotle’s golden mean and covert interview:

The golden mean advocates balance and harmony and spiritual virtue is the right place between the two extremes. If we use this ethical principle to interpret covert interview, it is not in line with the golden mean to explicitly oppose and praise it. That is to say, both approve of or object to it, all belong to two extremes, and this is exactly what the golden mean opposes. According to the spirit of the golden mean, covert interview can be approved in principle, but it should be strictly restricted. For example, BBC has a very strict approval process used for covert interviews application. The proposal must refer to the editorial policy and then need to be approved by the relevant senior editor of each department. At the time of approval, senior editors or commissioned editors should state any important factors that need to be considered before the material released. Even if the secret recording application is rejected, a signed record must be kept during the approval process, and the secret recorded materials must be keep even if the material collected is not broadcasted.

In addition, using the golden mean to interpret covert interview may also lead to another conclusion: in principle, covert interview is prohibited, except for major public interest problems.

Kant’s categorical imperative and covert interview:

The categorical imperative proposed by Immanuel Kant: it is important to always keep your criterion consistent with the principle of universal law. According to this ethical principle, cheating is always wrong, while honesty is always right. Reporters obtain news materials through covert interviews, even if for the purpose of safeguarding social justice and public interest, nor can they deny the deception of covert interviews themselves. Whether the news materials obtained through deception are justice or not, the means are absolutely opposed by categorical imperative.

For example, in the late 1970s, in order to expose the extortion behavior of government inspectors on small hotels, two reporters of the Chicago Sun-Times disguised as a couple to buy a hotel named the mirage tavern. They installed camera equipment in the small hotel, and successfully photographed the photos of electrical inspectors and building inspectors demanding bribes. The reports, serialized in the Chicago Sun-Times for four weeks with clear photos, shocked Chicago citizens and eventually suppressed corruption. However, this series of reports did not win the Pulitzer Prize for journalism in 1979. Eugene Patterson, a member of the Pulitzer Prize Advisory Board, said the committee had debated the series of reports called mirage tavern, and most of advisors believed that if the honor was awarded to covert interview, it would express their support for this reporting method. Patterson believes that covert interview is unfavorable and unencouraged because if the media ask the government to be frank and open, while they conceal the truth or cover up their motives, then the press as a whole will lose credibility.

Similarly, the case of Dietemann sued Time. Inc in the United States in 1971 is really a typical example of that freedom of press does not protect the media from invasion of privacy. Two reporters from the Time exposed the plaintiff’s private residence by covert interview, and secretly recorded the plaintiff’s illegal medical practice, which led to the plaintiff was arrested for practicing medicine without a license. Therefore, the plaintiff sued the Time for infringement of its privacy rights. The U.S. Federal Court held the opinion that plaintiff bear the burden from the defendant’s behavior to use the method of secret recording and shooting to spread private information, which had caused an extremely bad effect on the plaintiff’s personal dignity. It is wrong to turns the First Amendment of the Constitution into a license when the interviewee reasonably suspected of being a criminal suspect. Therefore, the court decided that the defendant’s defense of freedom of press was invalid. In this case, although the defendant’s interview was designed for a major public interest, which is expose illegal medical practice, the court still confirmed that this deceptive interview method violated the plaintiff’s personal privacy.

John Stuart Mill’s Utilitarianism and covert interview:

According to the utilitarianism supported by John Stuart Mill, seeking the greatest happiness for the greatest number of people is the heart of the matter. Based on this ethical principle, although covert interview may infringe on personal privacy and damage the credibility of the media, if the reports bring more benefits to the whole society than the damage it causes, then covert interview still conform to utilitarian ethics. On the contrary, if the damage caused by the covert interview exceeds the benefits it brings to the society as a whole, then the covert interview goes against the ethics. This is also a principle advocated by many people who are in favor of covert interview except for involving major public interest.

For example, in the case of Medical Laboratory Management Consultants sued American Broadcasting Companies in 2002, an ABC reporter entered the plaintiff’s medical laboratory on the grounds of negotiating business with the plaintiff, and secretly photographed and released the conversation between the plaintiff and the defendant. The court held that the plaintiff did not have a reasonable expectation of privacy in a semi-public laboratory, so the court stated that public interests above privacy concerns. Therefore, the defendant’s defense of freedom of press was established.

Conclusion:

There is no unified criterion for covert interview. Covert interview should meet the following standards to be called ethical: First of all, covert interview must be banned by principle. Secondly, when news events involve major public interests or national security, public interview cannot be conducted. In this situation, after strict application and approval, covert interview can be conducted. In addition, the coverage involved in covert interview must be conducive to improving the living environment of vulnerable groups, and the benefits it brings to the whole society must greater than the harm it causes. Finally, whether the covert interview is legal or not should be determined by specific individual cases. It needs to strike the balance between the freedom of press and the protection of privacy.

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