Images are increasingly becoming an important part of society—as more people are utilizing social media and internet-based news sites as sources of information. But publishing graphic images is often highly debated among media professionals—and whether the media should publish those images and illustrations has legal and ethical implications (Magafas, 2016). Using case studies and historical context, media professionals can better understand the use graphic images and the ethical and legal issues that should be involved in the debate.
Every time users log onto social media platforms they are barraged with images—images of political leaders, family and friends, weekend birthday parties, pets, and current news and events (Magafas, 2016). As the use of social media becomes increasingly more popular, visually oriented feeds like Instagram and TikTok have become platform front-runners. Images have established themselves as part of society’s daily life—but the question remains: Should media debate the human element and decision making that happens behind the photograph (Magafas, 2016)?
How newsrooms handle graphic images is often the subject of a much-heated argument. Graphic images in the media have ethical and legal implications that journalists must question before publishing a photo or illustration. When publishing images of this nature, media professionals can run into obscenity laws—which concern and prohibit lewd, filthy, or disgusting materials or depictions (“Obscene, Indecent and Profane Broadcasts,” 2020). The supreme court has upheld that materials declared as legally obscene are not protected by the First Amendment—these images therefore are censored and the creators subsequently punished, sometimes with jail sentences (“Obscene, Indecent and Profane Broadcasts,” 2020). In addition to obscenity laws, journalists can also run into issues related to invasion of privacy, defamation, and right of publicity—especially for those images posted directly on social media (Novins, York, & Jacobus, 2018).
While media professionals can, and do, run into legal issues as related to publishing graphic images—ethical issues are a more obvious concern. There are several principles at the heart of the ethical dilemma including freedom of expression, unnecessary provocation, and whether there is a middle ground between showing the harsh reality of a situation and minimizing the truth (“Ethics Case Studies,” n.d.).
For example, it could be argued that photos and videos published of the 9/11 attacks delivered more emotion and a better sense of reality than the textual-based news articles could evoke (Magafas, 2016). By seeing the heart-wrenching photos that were taken during the attacks, many people solidified the severity of the situation (Magafas, 2016). However, those photos also spurred ethical debates—as it brought to question whether the media should have published photos of people jumping out of buildings and those fleeing from falling debris (Magafas, 2016). It also brings into account the many ethical implications of showcasing one slice of a moment in the full context of an event—as how one person interprets a photo as related to history can be skewed based on how the photographer depicted the subject or situation (Magafas, 2016).
Images are arguably one of the most impactful mediums for communicators—and many people hold photos to the same standard of accountability that they do fact-based news stories (Magafas, 2016). And, just because a photo illustrates an event does not mean that it is free from bias—from the person behind the camera or those who are viewing it (Magfas, 2016). Additionally, in the context of potentially offensive images, it is important to understand and fully discuss the potential implications the photo could have on audience members. For example, a photo from the Boston marathon bombings showing a man who lost his leg being rushed to an ambulance can be triggering for many people—those who suffer from PTSD, anxiety, or for children who cannot understand the photo in full context (Lewis, n.d.).
The use of graphic images should prompt a series of questions in the newsroom:
- Is the image of news value or public interest (Lewis, n.d.)? Does it bolster an existing narrative or conflict (Lewis, n.d.)?
- Does it humanize a subject or draw attention to the plight of a situation (Lewis, n.d.)? Could the image drive value or be used as propaganda for the person who committed the crime (Lewis, n.d.)?
- And,
is it essential for the story to be published (Lewis, n.d.)?
All of these questions are imperative for media professionals to understand the implications of images of this nature and act accordingly to ethical values.
References
Ethics Case Studies - Society of Professional Journalists. (n.d.). Retrieved May 03, 2020, from https://www.spj.org/ecs2.asp
Lewis, H. (n.d.). How Newsrooms Handle Graphic Images of Violence. Retrieved May 03, 2020, from https://niemanreports.org/articles/how-newsrooms-handle-graphic-images-of-violence/
Novins, York, & Jacobus. (2018, September 13). Can a Person Take Legal Action if Someone Posts Unauthorized Photos or Videos on Social Media? Retrieved May 03, 2020, from https://nyplaw.com/2018/09/13/can-a-person-take-legal-action-if-someone-posts-unauthorized-photos-or-videos-on-social-media/
Magafas, O. (2016, January 25). Picture This: The Ethics of Photo and Video Journalism. Retrieved May 03, 2020, from https://medium.com/@odessamagafas/odessa-magafas-4f0104ece304
Obscene, Indecent and Profane Broadcasts. (2020, March 12). Retrieved May 03, 2020, from https://www.fcc.gov/consumers/guides/obscene-indecent-and-profane-broadcasts
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