Undercover Reporting The Use of Hidden Cameras

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Undercover Reporting/ The Use of Hidden Cameras

• Arguing FOR Vivian Tang, Celine Sun
• Arguing AGAINST Lilian Kwok, Kenny Wan

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What is Undercover Reporting?

• One of the primary goals of journalism is to
  seek and report the truth. However, people often
  conceal information of public importance that
  could prove embarrassing or damaging to them if
  made know to the public. In such circumstances,
  journalists are tempted to find out the truth by
  relying on clandestine methods. Consultation
  Paper, Regulation of Media Intrusion,
  Sub-committee on Privacy, Law Reform Committee,
  HK.

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What is Undercover Reporting?

• Concealed cameras or hidden tape recorders may
  therefore be used by journalists in private
  premises or public places without the subjects
  consent Without these methods, investigative
  journalism might sometimes be impossible, and
  evidence of crime, anti-social behavior or
  inefficiency of officials might never be
  uncovered and exposed. Consultation Paper,
  Regulation of Media Intrusion, Sub-committee on
  Privacy, Law Reform Committee, HK.

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History of Undercover Reporting

• In 1887, Nellie Bly, a female journalist from the
  newspaper, The World, in New York City went
  undercover in a mental institution to report on
  the reprehensible conditions inmates lived in .

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The Use of Hidden Cameras Brief History

• 1928 A New York Daily News photographer
  smuggled a miniature still camera strapped
  to his ankle into a prison to photograph
  an execution.
• Late 1950s Investigative reporters began
  carrying concealed motion picture cameras
  disguised as lunch boxes and brief cases.

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The Use of Hidden Cameras Brief History (contd)

• 1989 PrimeTime Live became the first to use
  new miniature cameras to document alleged
  patient abuse.
• 1992 The Society of Professional Journalists
  (SPJ) and the Poynter Institute for Media
  Studies took official notice of the growing use
  of hidden cameras by adopting guidelines" for
  their use.

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Privacy Personal Date Ordinance

• Six Principles (by the Privacy Commissioner)
• Purpose and manner of collection
• Accuracy and duration of retention
• Use of personal data
• Security of personal data
• Information to be generally available
• Access to personal data

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Exemptions

• The Ordinance provides specific exemptions from
  the requirements
• by the Privacy Commissioner
• a broad exemption from the provisions of the
  Ordinance for personal data held for domestic or
  recreational purposes
• exemptions from the requirements on subject
  access for certain employment related personal
  data and
• exemptions from the subject access and use
  limitation requirements of the Ordinance where
  their application is likely to prejudice certain
  competing public or social interest, such as
  security, defense and international relations
  prevention or detection of crime assessment or
  collection of any tax or duty news activities
  and health.

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Case Study (1)Testing the System

• The Story
• In Sept 02, two reporters from the New York Daily
  News sneaked banned items such as box cutters,
  razor knives and pepper spray through 11
  airports, including Bostons Logan International
  Airport.

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Case Study (1)Testing the System (contd)

• The Story
• Around the same time, CBS chose another way to
  expose problems with airport security. CBS
  reporters placed lead-lined film bags inside
  carry-on luggage at seven airports. Although the
  bags would have triggered searches by airport
  screeners, they failed to detect or open the bags
  in 70 percent of the cases.

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Case Study (1)Testing the System (contd)

• Are these stories done properly?
• YES, they are because
• Concerns national security of great importance
  to the general public and of vital public
  interest.
• The harm exposed by the information revealed
  through deception outweighs any harm caused by
  the act of deception.
• No other methods could be used used as a last
  resort.

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Case Study (1)Testing the System (contd)

• Are these stories done properly?
• YES, they are because
• New York Daily News did not actually break the
  law by smuggling prohibited weapons, but by
  testing the system. As of now, no charges have
  been filed.
• CBS smuggled no contraband and broke no laws.
• Both Daily News and CBS did describe their
  reporting methodology.

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Case Study (1)Testing the System (contd)

• Without some protection for seeking out the
  news, freedom of the press could be eviscerated,
  Justice Byron White, 1972.
• I think there are times you need to break the
  law when the public needs to know something,
  Joann Byrd, chairwoman of the American Society of
  Newspaper Editors ethics and values committee.

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Case Study (1)Testing the System (contd)

• Are these stories done properly?
• NO, they are not because
• Facts
• BREAKING THE LAW reporter smuggles weapons
  through airport security systems
• Reasons against
• Is there any other alternatives ?
• CBS News chose another way to expose problems
  lead-lined film bags inside luggage instead of
  banned weapons
• Possible damage by undercover
• It will create public panic, false alarm effect
• Should journalist engage or help creating illegal
  activity in pursuit of a story

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Case Study (2) Indias Tehelka operation
The case Tehelka was an Indian online news site
founded by a journalist named Tarun J Tejpel.
Two of its reporters posed as arms dealers and
captured senior officials taking bribes on
camera. The operation took 8 months. The
reporters approached and offered the ruling
partys president a new year party gift in
exchange for putting an arms deal their way The
reporters entertained the army officers and
defense ministry officials by providing with
whisky parties and prostitutes. Here you go.
the video
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Case Study (2) Indias Tehelka operation

• Is it ethical when hidden cameras, whisky parties
  and prostitutes are involved?
• In this case, YES
• Reasons
• 1. public interest is overwhelming
• 2. under covering is the last resort

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Case Study (2) Indias Tehelka operation

• 3. to fulfil presss responsibility under
  pressure
• I wanted to go beyond the moral outrage at
  what has happened and create an independent voice
  that carries no candle for any particular
  political party or business house
• -------
  Tarun J Tejpal Tehelka
• 4. whats the highest ideal of journalism?
• Thanks to many brave Indians prepared to
  defend it, the democracy still lurches on.
• 
  ------ The Guardian

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Case Study (2) Indias Tehelka operation
(contd)

• Negative consequences
• The defense minister and the president of the
  ruling party resigned but the defense minister
  resumed position 6 months later
• The govt investigated the corruption and the
  inquiry later was turned on the website itself.
  Tehelka was forced to closed
• Tehelkas founder journalist Tejpel received
  death threats
• Sex workers concern groups accused Tehelka of
  pimping for its reporters had provided
  prostitutes to entertain the official involved

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Case Study (2) Indias Tehelka operation
(contd)

• Again, should journalist engage in setting-up or
  creating a crime to pursuit of a story ?
• Erode journalistic integrity provide
  prostitutes to entertain the officials
• Does journalist has privilege than others in
  committing any crimes ?
• What is the role of journalist ? Report or
  commit a crime ?

Negative Impact
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Undercover story in Mainland Journalism

• Begins in 1990s and Prevails since 2000s
• Widely used television, broadcasting and
  newspapers
• Some famous media taking undercover story
• Focus (CCTV) (????)
• Weekly Quality Report (CCTV) (??????)
• The 7th Day (BJTV) (???)
• News in Length and Breadth (CNR) (????)
• Southern Weekend (????)

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The Moon Cake Stuffing Event

• 2000.8-2001.6, two CCTV reporters shot how a
  manufactory in Nanjing produced moon cake
• unsold cakes ---- stuffing---- new cakes
• The company went into bankruptcy and the moon
  cake market shrank by 40

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Weekly Quality Report

• Starting from 2003.5
• All the programs taken by hidden camera
• Focus on food security, products quality

• JinHua Ham
• (????)
• Diseased pigs
• Bad sanitary conditions
• Saturated with a kind of pesticide

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Weekly Quality Report

• Ingredients for Hot Pot
• (??????)
• Adding industrial-use olefin (paraffin)

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Code of News Probe (CCTV)

• Under covering is not a conventional
  technique, and it could not be used as a means
  only to turn the story more dramatic. It only can
  be used under the four following principles
• 1. There are clear evidence to prove that
  what we are investigating is a matter violating
  public interest seriously
• 2. Theres no other means to collect relevant
  materials
• 3. It would be very difficult to get the true
  information if our identity is exposed
• 4. Agreement of the producer.

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• In todays China, the public is rather tolerant
  to the undercover reporting. ...Under covering is
  widely believed the only means to disclose the
  dark side of the society, as the Chinese saying
  in the two wrongs, take the less wrong.
• ------ Guo Zhenzhi (Beijing
  Broadcasting Institute)
• 1. Illegal behavior are very common
• 2. Local government, company, and institution
  often intervene journalist interview and try to
  protect their own interest
• 3. Public strong sentiment against the
  illegal behavior and peoples psychology to
  observe others secretly.
• ------
  Chen Lidan (Chinese Academy of Social Science)

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What does the law say?

• A new explanation of the Act 68 of the
  Regulations Concerning Collecting Evidence in
  Civil Cases
• for those evidence collected by lawful
  means, non-suspected video/audio material and the
  valid copy of the v/a material , the court
  should confirm its validity
• -------- Supreme Court, PRC. China
  (2002.4.1)

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Conclusion

• Public interest vs. Regulation
• Credibility of journalist vs. Lie to tell the
  truth
• How to practice undercover story makes a
  difference

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More Cases (Against)

• The Palace Snoop
• A Daily Mirrors reporter penetrated the royal
  familys daily life as a footman.
• He peddled a fake resume with his given name on
  it and worked at Buckingham Palace for 2 months.
• The expose came on the second day of President
  Bushs state visit to the palace, with dozens of
  photographs, in the name of national security.

OFFICIAL My full access Palace identity card    
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Exclusive Photos

• THIS is the bedroom George Bush and his wife
  slept in last night. But five days ago, as
  Britain and the US geared up for the biggest
  security operation at the Palace since WWII, I
  was able to take this photograph Had I been a
  terrorist, the consequences are unthinkable.

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More Photos

• THE ROYAL BREAKFAST With flowers on the table,
  cereal sitting in Tupperware boxes and fruit laid
  out on a plate, this was the scene at the Queen
  and Prince Philip's breakfast table just moments
  before they arrived to eat. It looks innocent
  enough, but I could have been a terrorist with
  plenty of time to poison it. The ease with which
  I had access to the royal couple's food was
  shocking beyond belief.

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To view more
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Gossip mongering or journalism?

• The expose caused embarrassment on many levels.
• The Queen sued over the invasion of privacy.
• Mirror settled and did not publish any more
  pictures or articles and to pay 42,400 in legal
  fees.
• Is this unethical gossip mongering or a fine
  example of journalism at its best?

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More Cases (contd)

• Local Media
• Local Chinese language newspapers, such as
  Oriental Daily and Apple Daily, are famous for
  their paparazzi-styled reporting of private life
  of celebrities with photos taken by hidden
  camera.
• Does the story involve public interest? Is the
  expose an intrusion of privacy? May it harm
  innocent people?
• Existing Law
• Legislators have recently suggested that the
  police to use offences against public decency
  instead of loitering to charge offenders of
  using hidden camera. The max. penalty can be 7
  years imprisonment.

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Problems

• Hidden cameras are overused and misused.
  Journalists too often use forms of deception and
  misrepresentation as a shortcut in their
  reporting.
• This tools have extremely sharp edges, and when
  improperly used they harm innocent people and
  erode journalistic integrity. When these tools
  are overused they become dull, losing their
  impact. (Bob Steele of Poynter Institute)

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Problems (contd)

• Use of hidden cameras and deception techniques
  may undermine the publics trust in the media and
  erode the credibility of journalism.
• It would adversely affect the news-gathering
  ability of journalists in the long term.
• The use of dishonest methods to obtain
  information is always open to the accusation that
  two wrongs do not make a right.

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Conclusion

• Negative impact
• Deception may erode the integrity of journalism.
• Possible damage that may harm innocent people, or
  cause public panic, etc.
• Legality
• Is it permissible for journalists to engage in
  illegal activity in pursuit of a story?
• Violation of security law, bribery, intrusion of
  privacy, fraud, use of false document, etc.

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Conclusion (contd)

• Ethics
• two wrongs do not make a right, a question of
  hypocrisy. Given that the news medias
  functionis to seek out and expose wrongdoing as
  such, if had better not to be guilty of the very
  same sins it exposes in others if it is to avoid
  the charge of hypocrisy. (M Kieran, Media
  Ethics, 1997)
• Unfair to the subject.
• This covert method of newsgathering amplifies
  any accusations we make. We must insure that the
  tone and emphasis of hidden camera video meet
  standards for factual accuracy and contextual
  authenticity. (Bob Steele of Poynter Institute)

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Code of Ethics and Guidelines

• HKJA
• The use of means that are not straight forward
  to obtain information and photographs can be
  justified only by over-riding considerations of
  the public interest.
• Society of Professional Journalists (US)
• Journalists should be honest, fair and courageous
  in gathering, reporting, and interpreting
  information.
• Journalists should avoid undercover or other
  secret methods of gathering information except
  when traditional open methods will not yield
  information vital to the public.

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Code of Ethics and Guidelines (contd)

• BBC producers guidelines (UK)
• If permission of the owner, occupier or their
  agent has not been obtained, the BBC will
  generally use hidden cameras or microphones on
  private property only where prime facie evidence
  exists of crime or of significant anti-social
  behaviour by those to be recorded.
• German Press Code
• As a matter of principle, a researching
  journalist who makes untruthful statements about
  his identity or the identity of the publication
  he represents is guilty of conduct incompatible
  with the dignity and role of the press.

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Checklist

• HKJA If information cannot be obtained straight
  forward, photographs ( or other means) can be
  justified only by over-riding considerations of
  the public interest.
• The means are lawful in the criminal and civil
  sense We are to report and not to commit, create
  or help to create any crimes.
• Any other alternatives There is no other
  reasonably practicable means of obtaining the
  information.
• Privacy It must be of vital public interest and
  prevent possible harm to innocent persons.

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Survey

• Journalists were asked whether several reporting
  practices "may be justified on occasion" if the
  situation involved an "important story."
  Undercover employment, while justified by a
  slight majority (54 ), shows a 9 decline in
  2002 compared with 10 years ago. The American
  Journalist Survey by Indiana University