Should journalists write stories based on stolen information?
Posted by: Iain MacLean in News media, Social mediaAn interesting and vigorous debate has erupted amongst US bloggers and commentators following the announcement by IT news blog TechCrunch that it had been emailed hundreds of documents by a hacker who had cracked a Google Docs account of a Twitter staff member and downloaded their documents (In Our Inbox: Hundreds Of Confidential Twitter Documents). I first became aware of this from Julie Freeman’s eXchange site post, When is news fit to print? Of course, I heard about Julie’s post as a result of a Tweet.
The TechCrunch editor, Michael Arlington, made a song and dance about it in his original post, told everyone he was going to publish some of it and invited a response from this readers. And, boy, did he get one. There are hundreds of comments on the post, most of them saying they thought he was being despicable to even consider publishing any stolen material (Our Reaction To Your Reactions To the Twitter Confidential Documents Post).
Michael Arlington could have saved himself a whole lot of grief if he’d just written a story and said the information came from “confidential documents obtained by TechCrunch”. But instead, he made a big deal of how he got it. That was probably a silly move, but he may have wanted to skite about their big scoop.
If I was a tech journalist and had been sent this information, I’m pretty sure I’d write a story from it, after the appropriate discussions with the editor and our lawyer. When I was a reporter, we would occasionally be given information by people who had obtained it by dubious means. I can’t recall us not broadcasting stories simply because of how our sources got it.
This is how the news business works every day, and this situation is not unusual. Reporters get information from a variety of sources, some of whom are entitled to the information, and some of whom aren’t. Who they are, and how they came by it, isn’t really the reporter’s concern.
When you’re given this information, you have to decide what to do with it. Obviously, the first thing to do is determine whether it is legitimate and correct. If it is, then you have to decide whether to publish it, and how much of it to use. As Shel Holtz put on his post on this, “A reporter or editor would have to evaluate the news value vs. the privacy and potential harm issues” (The ethics of publishing stolen material). Personal information generally isn’t news, even though the bottom feeders in the celebrity media gain their livelihoods from it. But, sometimes it is legitimate news. If I was the head of a country (e.g. North Korea) or a large corporation (e.g. Apple), my health might be relevant to many people, and there might be some wider public interest in disclosing it.
If the reporter respects the natural privacy of individuals and chooses to minimise or eliminate the gratuitous harm that disclosing the information might have, then the story just has to satisfy the news values. For instance, is it about elite organisations or individuals, are they currently in the news, is it novel information, does it involve conflict, what are the effects of their actions on others, is it a new angle? The Twitter information would satisfy many of those tests, and writing stories from it could be justified on those grounds.
Twitter is a high profile organisation. It is engaged in high stakes games with other big companies and what they do affects a lot of people. These things make it newsworthy. But there’s no public interest in it.
There’s a clear difference between “the public interest” and “newsworthy”. They are two different sets of values, and I have often had discussions with journalists about how the public interest is not the same as the public being interested in something. Working in government PR under our Official Information Act, I’m well versed in how to define “public interest”, at least for official information, e.g. maintenance of the law, national security, confidence in the processes of government, etc. (Actually, this cuts both ways and can be used as a justification for either withholding information or releasing it, depending on the situation.)
There’s also a clear distinction between accepted news values and the sort of ethics code we sign up to when we join IABC or PRINZ. In my job, I wouldn’t use information in the same way I was expected to do as a journalist, and I’m pretty sure I wouldn’t use illegally obtained information like this, unless there was an overwhelming public interest in doing so.
However, I don’t think we should make too big a distinction between the more common leaks of information to the media and the situation Twitter has found itself in. Sure, not many leaks come from a virtual burglary, but they often come from an employee who has obtained information they were not entitled to have, and given it to someone they were not entitled to give it to. That is a form of theft. It might not be illegal, but it would be unethical and would probably breach the terms of their employment.
I think Michael Arlington is probably being responsible in what he is choosing to publish, withholding any personal information and anything to do with security. Talking to Twitter management to verify the authenticity of the documents and clarifying what it the most sensitive before publishing is good journalism practice. However, he seems to have taken the easy route in his story Twitter’s Internal Strategy Laid Bare: To Be “The Pulse Of The Planet” by just reproducing parts of the documents, rather than doing more analysis and writing a story from that. It might be a result of time pressure, but it’s essentially a narrative, and not a particularly interesting one except in a nosey kind of way, from what I’ve read so far.
I’ve commented on this on TechCruch, and on Julie’s and Shel’s blogs, and I appear to be in the minority in my view that writing a story based on this material is justified by accepted journalistic ethics and news values. Just to be clear, I’m only saying what I think would be generally accepted journalistic practice in this case. I think the ethical judgements vary, depending on the craft. Ethical PR people would handle this information differently to an ethical journalist. The values at work in a newsroom are different to those we would be expected to use when we were looking at confidential or personal information that might be helpful to our clients or employers.
Professional ethics is a code of acceptable practice; if we’re lucky, they coincide with our personal ethics. The formal ethical codes of PR are closer to my personal values than what I understood to be the ones that applied when I was a journalist.
I was never a “publish and be damned” or muckraking type of reporter and was pretty conservative in my approach, but if I was in Michael Arlington’s shoes at TechCrunch, I’d probably go for it, too.
[20/7/09] While we might argue over the ethics of using information that a source has obtained illegally or without authority, the ethics of this case (Murdoch papers paid £1m to gag phone-hacking victims) are simpler. Journalists at News Group hired private investigators to hack into the mobile phone accounts of public figures. Details of the court cases were supressed, but exposed by The Guardian a couple of weeks ago.
Comments Off





