PM6: Media Ethics and Sub-judice Reporting

PMi:

The high-profile Mongolian Model Altantuya Shaariibuu MURDER CASE still in progress threw up many aspects which the Malaysian media are once again under international spotlight. The last time the Fourth Estate had gained such international, and local of course, media ttention was the sacking of Sdr Anwar Ibrahim as Deputy Prime Minister, followed by ex-PM's graphic accounts reported in equally graphic detail by the local press with all ethics thrown to the winds that swept across the seven seas.

Today I put under scrutiny an Editorial from theSUN which focuses on the question of Media Ethics and coverage relating to Altantuya's case, which is relevant and perytiment to the self-proclaimed nascent 5TH ESTATE as the domain to which Bloggers like you and me belong. Had the Bloggers been as strong a force during the DPM Anwar's sacking followed by perceived "kangaroo" court trials, I think Malaysian history the past decade and even now and the foreseeble future would have been vastly differenet. But we deal with realpolitik -- not in academic thesis and polemics -- so let's see what's confronting us now and the future.

I TRULY WELCOME my EsteemedREaders' comments for today's PRIME MONITOR which ends Wednesday when Desi resumes his "normal" ruminations. So can you help by giving your 3sen's worth to share your views on Desui's FRONTPAGE. I promise no payment save the due attention and respect I accord with my responses one way or the other. WE can beg to disagree, but always be of that open mind -- to be agreeable in our disagreements. ~~ from an olde newshound trying to learn summore, Amore oso cun!

From Page 19,
theSun says

A path for the
media to shun


THE sensational case of the Mongolian model Altantuya Shaaribuu,
whose disappearance late last month has sparked a murder investigation,
is gripping the media's attention in a predictable fashion since
the story broke last Monday.

In the process, some aspects of the news coverage have raised questions
about media ethics, trial by media and the individuals's right to the
due process of the law.


These issues have arisen time and again, especially in high profile cases, and this latest one is no different. Still, it is right that we examine the damaging effects of disregarding the basic tenets of responsible reporting.

One point that bears repetition is that under Section 117 of the Criminal Procedure Code a remand order may be issued on any person who can assist the police in their investigations, it is possible that a perspn who has been remanded may not be charged for an offence or may not even have anything to do with the case.

For this reason, the media usually refrains from naming persons who are under remand and that was what this newspaper (theSun) did by not identifying the four suspects remanded to help in police investigations into the missing woman case.

Suspects are named only when they are charged in open court. In this way, we avoid imposing the suspicion of guilt for an offence on any person before the police complete their investigations. It is regrettable that this rule has been disregarded by some media in several recent cases and in this latest one, opening the media to accusations of jumping the gun to sell more newspapers or gain more viewers.

Another tenet of responsible journalism is the verification of information before it is published. Adherence to this rule has given the mass media more credibility as a reliable source of information than other forms of communication, such as word of mouth reports, or in this age, the ubiquitous blogs.

Giving in to the temptation of repeating exciting but unverifiable morsels of information, images or views damages the trust that audiences have learnt to place in the media. And in this particular case, one newspaper chose to publish photographs of a model who the paper itself declared could or could not be Altantuya. As it turned out, the family has said it was not her. Now if the paper acknowledged that they were not sure if it was Altantuya, why publish the photographs?

While the media must continue covering this sensational case, it is time forus to resist the temptation to rush and print every bit of unverified information and pictures, however salacious. Let the police complete their investigations and charge those responsible for this brutal mureder. This is waht matters most.




~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

PMii:

DESI somehow seems to share common wavelengths with people who enjoy tehtarik; witness ehre a Commenter from JeffOoi's post discussing Prejudice and Sub-Judice~~


NO SUB-JUDICE YET

Now it is only trials by the media and blogs. The media and blogs may write the facts (and fictions)as they wish or fancy. Sub-judice does not arise here as the accused(s) are not yet formally charged ( or in the States, they are not indicted yet).

The suspects may of course seek redress in the form of defamation suit against those who allegedly defame....But in real life court drama this suit is extremely difficult to be proved because the news reported facts and the defences of "fair comment" and "public interest" are always available....

For eg., DSAI was at the end of the day acquitted of the sodomy charges. Is he prepared to sue the press which played up the stories outside the court proceedings? I don't think so.

He sued TDM finally because TDM repeated the allegations in a public forum.

But the media and blogs ought to be cautious : They may be summoned by the Court to explain the news reports or commentaries....

There cannot be contempt at this stage. So the media and blogs can always explain that the publication is in the public interest blah-blah.

But as truly professional , we must be fair and avoid inuendos and false stories."


Posted by: tehtarik | November 11, 2006 10:37 PM


Desiderata added his 3sen's worth @screenshots with the following, extracted with slight editing mainly taking care of typos:

"Generally, I concur with tehtarik's views.

I'm afraid to red at CERTAIN Blogs (not here at screenshots) where haadlines were writ in sensattional fashion which on immediate reading gives the reader an inference that a "particular" suspect was the murderer involved. Disclaimers added as an afterthought in fact are just "mitigating" -- NOT legally-forgiving -- factors.
Some "commenters" also write with innuenndoes that a particular person was the "father" of the victim's child, adding mockery by passing comments that a particular suspect was the "perpetrator" and did not exercise minimum responsibility by not using condoms to prevent a pregancy.

As tehtraik said, these could be grounds for later "suits for defamation", and he rightly cited Anwar's case about him only going after the ex-PM but not the press (I remember the Malay Mail came out with a special edition reporting the then PM explicitly describing the sodomy acts which was clearly sub-judice!). I would urge fellow Bloggers to use facts attributed to authorities like the police (pertaining to the crime of murder) and not add their "opinions" like it's a CSI episode. Hey, this is NOT a television eposode from Hollywood.

Posted by: desiderata | November 12, 2006 04:36 PM




UPDATEd@10.00PM:

PMiii:


"While Teh C scrutinizes an editorial from the Sun, some warped minded person was over the moon scrutinizing a lady's exposed thighs. His excuse? The CCTV equipment was new and he didn't know how to adjust it. His boss's equally ridiculous excuse? "Wouldn't have happened if she had not worn a sexy dress." What an absolute idiot.

By fishtail, at 1:41 PM "

Desi thanks mGf fishtail's Alert to this "shameful" episode in yet another city Council. Instead of chastising the perpetrator caught with his pants down, the President made a scapegoat of the "victim". What brazen display of arrogance. Another public servant who wants to set "moral standards" -- another Malacca CEO's Mohd Ali Rustam's endorsed Mat Skodeng's disciple?

The episode has reference in the following news report from The Star as follow-up:

Council chief slammed over remark


PENANG: Penang Municipal Council president Datuk Abu Bakar Hassan should apologise to the media for his “insensitive” remark over the dressing of women journalists, said state deputy assembly speaker Datuk Lye Siew Weng.

He said Abu Bakar should have investigated the media’s complaint that a close-circuit television (CCTV) camera at City Hall was zooming onto the thighs of a female journalist covering a full council meeting instead of blaming them for the incident.

“As a senior officer, Abu Bakar should know better. He must apologise to the journalists for claiming their dressing was inviting trouble,” Lye said.

“Also, if it is true that the CCTV system at the council chamber was faulty, then the onus is on the council to repair it.”

Abu Bakar had claimed on Saturday that the CCTV incident would not have happened if the journalist’s attire was not sexy. He also said a dress code would be drawn up for the media.

The same day, New Straits Times journalist Melissa Darlyne Chow, 23, lodged a police report in which she alleged that the CCTV operator in the control room had outraged her modesty by focussing the camera on her thighs. Chow had said she was wearing decent office attire and her skirt was knee length when she attended the council meeting on Friday.

Penang Chief Minister Tan Sri Dr Koh Tsu Koon said it was inappropriate for Abu Bakar to remark that if the dresses of women journalists were not sexy, the camera would not have zoomed on their thighs.

He said the council should instead focus on the investigation on the incident.

State MCA youth chief Ooi Chuan Aik called for an independent body to be set up to investigate the incident.

“The council president should look into how to prevent a recurrence,” he said.

State Economic Planning, Education and Human Resource, Science, Technology and Innovation Committee chairman Datuk Dr Toh Kin Woon said Abu Bakar’s statement was very insulting to women and described the incident as a “serious case of harassment.”

State Local Government, Traffic Management, Information and Community Relations Committee chairman Datuk Dr Teng Hock Nan however said Abu Bakar’s remark on the sexy dressing was probably a miscommunication or uttered in jest.

“Abu Bakar’s comment could have been overheard by reporters and not meant to be recorded,” he said.

In Kuala Lumpur, Women, Family and Community Development Ministry parliamentary secretary Datin Paduka Chew Mei Fun said female journalists had the right to wear skirts to government functions as long as the attire reached the knees.

DESI: Fishtail, our country's underlings are sabotaging the PM Pak Lah's guiding pledge of a Responsible, Accountable and Transparent -- and also Caring -- government.

One Big ling disappeared, but there are many more medium and small lings left. I would use the ladder of ascension of Irresponsibility from Idiocy (this Council President with his sexit remark and passing the buck of mistake made) to Morny (as in the case of Zakaria Md Deros who is still a Selangor State Assemblyman, having made a "small" (like his four-storey mansion-lah!) sacrifice giving up a Councillor's post which incidentally was not yet renewed) tothe ponnacle of Oligrach in te CEO, also Menteri Besar Khir Toyo. To this DEveloped State's CEO< his underlings are "above the law". He set the example of non-accountability and irresponsibility by saying "Everything's okay" (SEMUANYA OK!) until Pak Lah (agin, the nation's CEO has to step in!) remarked he could not see "a single blade of grass" on the supposed Cerakah Seri Alam Cahaya Agriculture Park! Followed by a litany of "breaches" well documented by theSun investigative reporting team headed by Citizen Nades -- Advertising Billborads contract terms varied by an underling who was forgiven because Khir Toyo said "the officer had good intentions"; the latest Exco Village where million-ringgit villas were built and only a few Exco members have moved in; meanwhile some Exco's relatives are enjoying te luxury and largesse at taxpayers' expense!

Fishtail, back to the news report, let me just extract this highlight (BOLDED THUS IN NEWS COPY by Desi)~~
State Local Government, Traffic Management, Information and Community Relations Committee chairman Datuk Dr Teng Hock Nan however said Abu Bakar’s remark on the sexy dressing was probably a miscommunication or uttered in jest.

“Abu Bakar’s comment could have been overheard by reporters and not meant to be recorded,” he said. ~~

Like a sore-thumb this Gerakan politikus went against the grain to show he's a "hero" (?) by defending the Council President with presumptious excuses. Dear Mr Teng, Hey, the "culprit" has his own mouth, does he not? Or is he a dumb-er like thee? Is this Teng guy preparing to carry "bola" (mGf Helen's term I borrow with no interest!) because of his interest in the Chief Minister's position falling vacant soon and he must muster all the support he can get from UMNO Little Emperors?

Penangites -- like Lucia Lai -- please tell Desi more, can?

~~~~~~~~~~~~~~~

4 other comment(s)follow with Desi's responses:


Interest generated in the media which is more or less dictated by the obsession of the rakyat to a particular case is a good indication the case gets priority from the police and not simply swept in oblivion. (Like many unsolved cases)

It is sad whenever somebody loses their life... but it is even sadder the fact that most often, the news coverage is in direct proportion to the victims' 'aesthetic appeal.'

By Helen, at 2:22 PM



Desi, let me add some more milk to make this Teh-C a little bit more murky...

The photographs quoted in the papers are of a korean lesser known singer going by the name of U-Nee and not of the late Mongolian model.

By See Fei, at 2:35 PM

It's a mixed feeling, isn't it? Too much of attention might bring in false elements and with too little attention, the case might turn into another unsolved mistery.

By O2Deprivation, at 4:03 PM

I for one would like to see a free and unbiased media that doesn't resort to sensationalism to sell their papers.

We can say what we want about the media and their lack of ethics. But at the end of the day, it all boils down to us as individual and our lack of moral values.

We can scream from the top of KLCC about how the media lack integrity, but as long as they are headed by big spenders, I am sad to say there won't be any changes at all.

By imran, at 4:39 PM

DESI:

Helen ~~ It's true that the higher profile (aesthetics is also one determinant!) a criminal case, the more mileage of words in print -- plus in Blogosphere too! -- and there would be many "jumping" the gun, tendentious speculation, and outright defamation from amateurs acting like CSI writers and investigators. Maybe te TV medium should be banned for adults with low IQs -- the measurers of IQ? Leave IT to the BN politikus -- another new department!
I hope none of these idiots take Desi seriously in the last ribbling of the funny bones...?

SeeFei -- Thanks for the milk; it's too sweet o'lady!:)
If you have the destiNATION too, you can start earning dollars arranging tours for Blogers to South Korea? More soup opears? Jest remember Desi's 30%...in USD off course! Won also cun, cos we are both winners, kan?

"U Nee" means "Having you" in Mandarin, what is it in Korean, 4f? (Say it IF ony it's NOT obscene, okay! I have below age-of-non-dissent readers peepinng in!:(


O2dep ~~ Yes, we prefer a Balance, like air not too much CO2, not too little O2! But the trouble starts when UMNOputras and Oligrachs want to take ALL the oxygen, how?

Imran ~~ Art thou MIA overseas or in Penang?
I agree with your views on Media -- there must be some legislation amendment to prevent "concentrated" control by vested interests group on individuals acting in concert. A big challenge for progressive Malaysians -- you Y&A have to play a major role in REFORMASI!

Dear EsteemedReaders all, I think we are all seeing a breakdown in Moral Values, especially led by leaders who show less than a minimum standard of Ethics and Integrity. As a famous ex-MCA head said: The fish rots from its head down.

Pak Lah has to act -- and fast too! -- starting with Show-Cause letter to both Selangor MB Khir and ADUN Zakaria. How can a person NOT FIT to be re-appointed a town (KLang) Councillor be fit to remain as State Assemblyman? It defies logic that a person not qualified to hold a lower post of Coucil member can still cling on to the senior ranked position of ADUN. Where is the demonstration of ETRHICS and INTEGRITY, Mr MB and dear Prime Minister?


God bless our fair and beloved land.
I:
S:
A: men

that we get less of Idiocy, Morony and Oligarchy.