Question

What is a social contract? Briefly describe the “social contract approach to journalism ethics” in terms of the privileges and obligations of the press.

Answer 1

Social contract, in political philosophy, an actual or hypothetical compact, or agreement, between the ruled and their rulers, defining the rights and duties of each. In primeval times, according to the theory, individuals were born into an anarchic state of nature, which was happy or unhappy according to the particular version. They then, by exercising natural reason, formed a society (and a government) by means of a contract among themselves.

Although similar ideas can be traced to the Greek Sophists, social-contract theories had their greatest currency in the 17th and 18th centuries and are associated with such philosophers as the Englishmen Thomas Hobbes and John Locke and the Frenchman Jean-Jacques Rousseau. What distinguished these theories of political obligation from other doctrines of the period was their attempt to justify and delimit political authority on the grounds of individual self-interest and rational consent. By comparing the advantages of organized government with the disadvantages of the state of nature, they showed why and under what conditions government is useful and ought therefore to be accepted by all reasonable people as a voluntary obligation. These conclusions were then reduced to the form of a social contract, from which it was supposed that all the essential rights and duties of citizens could be logically deduced.

THE RIGHTS OF THE PRESS 1.1 ACCESS TO INFORMATION

In order to inform the public of the events and issues of the day, to give accurate expression to political, social and cultural currents, and to promote widespread and open debate, it is essential that the media have unhindered access to sources of information. Freedom of the press is an indispensable precondition for informed public opinion and debate.

1.1.1 GATHERING OF INFORMATION The media and journalists must be free to gather information about facts and events without hindrance, or threat or reprisal. In deciding what to cover and how to cover it, they must be free to exercise their editorial judgment. Outside influence or interference in this process may well constitute a form of censorship.

1.1.2 ACCESS TO GOVERNMENT INFORMATION Governments have an obligation to make their administrations as transparent as possible. Public institutions and authorities have a duty to respect this democratic principle, and to facilitate access to public documents. That the state exists to serve its citizens and is accountable to them is a principle recognized both by Quebec (in its adoption of An Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information, RSQ, 1982), and by Ottawa, in its Access to Information Act, adopted in 1983. Citizens have the inalienable right to be fully informed about the actions and decisions taken by their governments and public officials. When a government, citing the public interest, forbids or delays publication of information, it should not assume that the press will agree with it about where the public interest lies. Governments should not confuse their own interests with the public interest. It is essential that the press have access to information regarding the government and all public institutions and organizations. Any hindrance, whether judicial or administrative, undermines the freedom of the press and the legitimate right of citizens to be informed of the events, actions and decisions that affect them.

1.1.3 ACCESS TO JUDICIAL AND QUASI-JUDICIAL PROCEEDINGS The administration of justice is a public matter and it must be conducted openly, despite the personal and sensitive nature of some cases. Courts and tribunals should exclude the public only in the most exceptional of circumstances, and even in such cases, the press should be present in order to report on matters of public interest and the administration of justice. Separate rules of access for the press and the public should be established by legislation that would, at the same time, better balance the right to personal privacy, the open and public administration of justice and the right of the public to be informed on matters of public interest. Le Conseil de presse du Québec 7 Third edition Right and Responsibilities of the Press November 2003

1.1.4 PROTECTION OF SOURCES AND CONFIDENTIAL MATERIAL Freedom of the press and the public’s right to know depend on journalists’ right to keep certain sources of information confidential. Courts and quasi-judicial bodies may compel journalists to testify, reveal their sources and surrender documents; there are no laws of privilege affording the Quebec media any protection in this regard. The Press Council recognizes that journalists have the right to remain silent. It is the duty of the judiciary to use great discretion and discernment in weighing the competing interests involved. The council believes that before compelling journalists to co-operate with courts or tribunals, the judiciary should ensure that the confidential information the journalist has is indispensable to the resolution of the case and that there is no other reasonable way to obtain it. It should be emphasized that what is necessary to protect is the exercise of journalism, not journalists as individuals. Freedom of the press and the public’s right to information require that journalistic activity, that is, the gathering, processing and transmission of information, as well as the conditions necessary to practice journalism, be protected to ensure the public¹s access to comprehensive information on all matters of public interest.

2 THE RESPONSIBILITIES OF THE PRESS The rights and liberties accorded the press in a democratic society give rise to corresponding responsibilities, which apply both to the managers and owners of media outlets and to individual journalists. The role the media and their public-service character play in a democratic society, make it imperative that the highest ethical standards be applied to the practice of journalism. With the arrival of the Internet, globalization and rapid technological development, this is more important than ever.

2.1 THE PUBLIC’S RIGHT TO KNOW It is the duty of the media and of journalists to provide the public with comprehensive and accurate information. The quality of that information is determined by journalists’ training and the discipline they exercise. This should be interpreted as encouraging and not as a dry or conformist approach, lacking all imagination, but rather, as one of thoroughness, accuracy, integrity and deep respect for the individual and for the facts. The press must report facts and events without distortion. Resorting to sensationalism may lead to exaggeration and inaccurate interpretations of facts and events, which can mislead the public as to the value and significance of the information being transmitted. The information produced by the media is the result of choices that must be made in a spirit of fairness and justice. These choices can only be judged using a combination of qualitative and quantitative measures. While the length of an article or broadcast cannot be ignored, the importance of the information and the degree of public interest are often more pertinent, and in assessing coverage, it is important to look not only at one or two days’ stories but at how an ongoing story has been covered over a period of time. It is also the responsibility of the press to guard against attempts by individuals, groups or organizations to manipulate public opinion with incomplete or slanted information by enlisting the aid of willing or unsuspecting journalists. The media are responsible for all that they publish or broadcast, and should never try to excuse lapses in professional standards by blaming them on administrative problems, time constraints or other such reasons. Press outlets should define and make public their editorial policies. They should foster a high degree of professional ethics and support the ongoing training of their staff. The fact that media outlets are responsible for what they publish or broadcast in no way absolves individual journalists or other information professionals of responsibility for their own actions and output.

2.1.1 SELF-CENSORSHIP The press must not only be free of all forms of external pressure, but also vigilant in avoiding self-censorship, be it intentional or unwitting. The press must guard against suppressing or slanting the facts out of fear of violating a taboo or of harming a special interest. Similarly, the Le Conseil de presse du Québec 12 Third edition Right and Responsibilities of the Press November 2003 press cannot be content merely to publish the official version of a story as conveyed by a press release but must also discover and reflect reality as precisely and comprehensively as possible. Press outlets and journalists would be in breach of their social responsibilities if they were to allow themselves to be governed by any philosophy, ideology or school of thought in conducting their business, just as they would be if they were to ignore or report events for partisan reasons. It would also be a breach of public trust if a press organization were to pressure its journalists to suppress or slant a story to suit the enterprise’s interests. Editorial policy, program planning, and the hiring and assigning of journalists are the prerogatives of each media organization, but such choices should not in any way deprive the public of the information to which it is entitled or prevent journalists from exercising their professional freedom. That would be tantamount to censorship.

2.1.2 POLLS When public opinion polls are published, it is essential that the data collected be verifiable, and that the public be informed of the methodology employed. This allows readers to form their own opinions about a study’s validity and about how much importance to attach to it.

2.1.3 CONFLICTS OF INTEREST Journalists and media organizations must avoid not only conflicts of interest but also the appearance of conflict or interest; they must be and must appear to be independent, and not allied with any particular political, financial or other power. Any laxity in this regard jeopardizes the credibility of the press and of the information it transmits. Press organizations must be careful not to assign their journalists or freelancers to cover situations where they would be, or might appear to be, in a conflict of interest. The Press Council recommends that media enterprises develop clear policies to prevent and deal with conflict of interest situations. Those policies should apply both to reporters and opinion writers. All situations that risk compromising the independence and impartiality of journalists should be addressed. Examples include paid travel, privileges and gifts, as well as awards and prizes offered by any group whose main purpose is to promote something other than journalism. In order to maintain their credibility, journalists should shy away from involvement in political or advocacy activities that could compromise their impartiality and independence.