Reporting and Writing II

1. Reporting and Writing II Investigative Journalism II

2. What did Newsnight and the Bureau of Investigative journalism do wrong? What should they have done before deciding to publish this story? http://www.bbc.co.uk/iplayer/episode/b01nwxt4/Newsnight_09_11_2012/ High stakes

3. Fully check They never asked Messham to ID a picture of McAlpine Two sources A basic rule – never publish anything with a single source Responsibility The decision appears to have been made in a power vaccuum Balance They should have attempted to contact McAlpine Basic errors

4. The worst decision of the lot was not calling McAlpine to check the claims. It gave the BBC no ammunition with which to fight defamation claims. Reynolds Defence (2001) • Gives protection when reporting serious allegations against a person. • It applies if the public interest and freedom of expression are served by publication. • It can apply even if the allegation turns out to be false. But • It is known as the “responsible journalism” test – every effort must be made to uncover the truth. Reynolds Defence

5. 2006 The Times says DS Gary Flood, of the Met’s extradition unit, was being investigated for taking bribes. Claim he was giving info to Russians Based on leaked report He was suspended while an investigation was carried out But he denied the claims The report included his denial. Flood sued Judges decided the Times was protected by the Reynolds defence for its original story. But The court said its online versions, which were available long after Flood was cleared, were not protected. Example

6. 2010 Flood appealed. A judge said: No right to name the officer or detail the allegations It could have just said there was an investigation Online archives also potentially defamatory ‘If this appears to make it harder for journalists to add colour to their stories, they only have themselves to blame’ – ruling. 2012 The Times won a final appeal  "The article, although undoubtedly damaging to DS Flood's immediate reputation, was balanced in content and tone ... It did not assert the truth of the reported allegations of impropriety made by the ISC insider, but it identified them as the basis of an investigation in progress to establish whether there had been any impropriety. "DS Flood and all others implicated in the allegations of impropriety were given the opportunity of commenting and their denials in that regard were in each case recorded." Example

7. Victims of abuse Thoroughness is the key… Especially when making allegations E.g. Football hooligan picture in KM Investigation into council director who was accused of hiding personal interest in village green row Bly might also have come across victims of sexual abuse in the asylum – under modern laws she wouldn’t be able to identify them. No names No information that might lead someone to identify them. Harassment

9. A reporter has pitched a story idea. Read it. What ethical or practical considerations do you need to keep in mind before commissioning this story? Ethics

10. Subterfuge Society of Editors code: Engaging in misrepresentation or subterfuge, including by agents or intermediaries, can generally be justified only in the public interest and then only when the material cannot be obtained by other means. • Telegraph, 2010 • Reporters posed as constituents • Vince Cable: “declared war on Murdoch” • PCC ruled against use of subterfuge • There was public interest • But the means of getting the story were wrong. Being sneaky

11. Hospitals Journalists must identify themselves and obtain permission from a responsible executive before entering non-public  areas of hospitals or similar institutions to pursue enquiries. The restrictions on intruding into privacy are particularly relevant to enquiries about individuals in hospitals or similar institutions. • Public interest • There is a defence for breaches of this part of the code • E.g. • If you were investigating whether nurses followed hygiene rules – you would not want to alert the hospital in advance that you were doing it. Hospitals

12. Victims of abuse Just because you think someone has a great story to tell, it doesn’t mean they want to tell it. Nelly Bly (in the modern world) would have needed to be careful how she questioned patients Bly might also have come across victims of sexual abuse in the asylum – under modern laws she wouldn’t be able to identify them. No names No information that might lead someone to identify them. Harassment

13. Born Elizabeth Jane Cocheranein 1864 Inspired into journalism by an 1885 article headlined: What Girls Are Good For It commented on the “alarming” number of women with jobs in Pittsburgh Her response, under a false name, was printed in the same paper. The editor commissioned her to investigate working conditions for women. Nellie Bly

14. Announced her move to the big time with a note on her desk: “I am going to New York”. She struggled to find work. Article about her struggles eventually published in The Journal. Eventually forces her way into New York World offices and proposes two stories. One involved going to Europe and coming back in steerage class, as emigrants did... Nellie Bly

15. She reported the brief given to her by her editor as: "We do not ask you to go there for the purpose of making sensational revelations. Write up things as you find hem, good or bad; give praise or blame as you think best, and the truth all the time.” And she continued: “I had no idea that my experiences would contain aught else than a simple tale of life in an asylum. That such an institution could be mismanaged, and that cruelties could exist 'neath its roof, I did not deem possible.” “Things as you find them”

16. A fellow inmate, Urena Little-Page, was teased by staff. • “They kept this up until the simple creature began to yell and cry… After they had gotten all the amusement out of her they wanted, they began to scold and tell her to keep quiet. She grew more hysterical until they pounced upon her and slapped her face… This made the poor creature cry the more, and so they choked her. Then they dragged her out to the closet, and I heard her terrified cries hush into smothered ones.” What she wrote

17. Another, Ms Cotter, told her: • “For crying, the nurses beat me with a broom handle and jumped on me… Then they tied my hands and feet, and, throwing a sheet over my head, twisted it tightly around my throat, so I could not scream, and thus put me in a bathtub filled with cold water. They held me under until I gave up every hope and became senseless.” What she wrote

18. Bly summoned before Grand Jury • Joined jury members on visit to the asylum • Staff had prior warning and denied the claims • But an inmate revealed things had improved since “Nellie Brown” left • New York invested $1m in care for the insane • That’s about £20m today. What happened next

19. Book Ten Days in a Madhouse by Nellie Bly, in the reading pack The Great Reporters by David Randall Web An online resource with her stories, features about her work, etc. People have even written novellised versions of her life. http://www.nellieblyonline.com/ More…