Ethical and Legal Issues of Online Journalism

Courts and legal entities see the Internet not as a revolutionary new medium but as an evolution of existing media. The Internet does, however, pose challenges to existing legal and ethical conventions. (Libel, obscenity and indecency, copyright, linking law)

Libel: the publication of false information that is defamatory or likely to harm someone’s reputation.

Libel liability: who else might be responsible for a libellous statement?

Forum shopping: the practice of filling a lawsuit in a court more likely to find that libel has been committed.

Libel liability: Journalists can be held responsible for libellous statements they make. But can an ISP be held responsible for statements made in its discussion forums or on Web pages it provides access to? Can a website be liable for statements made by readers in its discussion forums? An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. Can a website be liable for statements made by readers in its discussion forums? Generally, unless the web site is the author of the posting, the site is not liable for the content. Even so, most journalistic sites offer opportunities for user feedback to be monitored/edited/removed/blocked by requiring registration before posting and by removing offensive or potentially libellous statements. Other users can also flag content and software is available that filters through content and does not post it if it contains offensive words.

Forum shopping is information on the Internet can reach everywhere, crossing national and international borders and thus national and international legal issues. Forum shopping gives the power to choose courts that are more likely to rule in their favor. This can potentially place a much greater burden on the publisher to prove something is not libellous. Organizations that publish on the Internet need to be aware that they can potentially be held responsible for libels in other countries.

Obscenity and Indecency

Obscenity is a narrow range of material that describes or displays sexual material in a manner designed to cause arousal and lacks artistic, literary or scientific value. Usually used with print media and now the Internet.

Indecency is a broad range of sexual and nonsexual material, including certain words, nudity or other things that could offend manners or morals. Usually used with broadcast media.

Journalists have an important responsibility to explore that potential as part of their constitutionally protected responsibilities to hold the powerful accountable and to serve as a public watchdog.

Journalists should accept the challenge and embrace the opportunity to build new business models that will flourish in an era of digital media. Journalism’s highest values can endure only if they stand on a sound economic foundation. It is essential that the journalists who adhere to those values be proactive — not just reactive — participants in the process of innovation.

In a world with multiple sources of information, much of it indistinguishable one from another, credibility is our most precious asset. Credibility is earned over time by continually delivering on promises of accuracy, transparency and fairness. We consider listening and participating essential tools to achieve credibility. We intend this document to be useful to anyone publishing — or consuming — information in any medium.