Category Archives: media ethics

Australian metadata laws put confidential interviews at risk, with no protections for research

By MARK PEARSON

Interviews from a range of sensitive research topics may be at risk. These include immigration, crime and corruption.
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EACH year, academics and students make countless applications for research ethics approval, based on the promise of confidentiality to their interview subjects. Interviewees sometimes offer academic researchers information that might be self-incriminating or might jeopardise the rights and liberties of others they’re discussing.

But Australia’s metadata retention laws can lead to the identification and even incrimination of the very people whose identities academic researchers have promised to keep secret for their work.

Imagine, for instance, a criminologist conducting a project examining white collar crime in banking and financial services. The academic’s confidential interviews with former company directors and executives might elicit specific and revealing answers. It could lead to potential redundancy or even jail time, depending on their vulnerability and culpability.

Under the metadata laws, government agencies make hundreds of thousands of requests to Australian telcos each year for their customers’ phone and internet communications metadata.

For the criminologist, this means relevant agencies can ask telcos to access his or her metadata in the form of call records and computer IP addresses. This means they can identify whether a person of interest has been in communication with the researcher and is the possible source of incriminating material. Other investigations and legal steps might then follow.

Interviews about a range of sensitive research topics may be at risk. These include immigration, crime and corruption, national security, policing, politics, international relations and policy.

The impact of metadata laws on journalists and their sources have been well documented. But we can only wonder how many people will agree to participate in academic research if they are made fully aware of the real potential of being identified by investigators.

Interested?

READ my full article in The Conversation.

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2019 – the moral right of the author has been asserted.

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Filed under free expression, journalism, journalism education, media ethics, Media freedom, media law, Media regulation, national security, open justice, Press freedom, sub judice, suppression, terrorism

Submission to inquiry shows journalism educators and students lack metadata source protection

By MARK PEARSON

Australian journalists have a narrow and inadequate protection under national security laws from government agencies accessing their metadata to discover the identity of their confidential sources.

I helped the Journalism Education and Research Association of Australia (JERAA) prepare a parliamentary committee submission that explains journalism educators and journalism students do not even qualify for that low level of protection, leaving their confidential sources open to revelation.

Our submission now sits with several others on the Parliamentary Joint Committee on Intelligence and Security site here.

We have asked that legislators focus on the public interest journalism involved when awarding such defences and protections rather than focussing simply on whether someone is a ‘journalist‘ – an occupation and term difficult to define in the modern era – and used as the default for the rare privileges given.

We have proposed that

existing and proposed protections for ‘journalists and media organisations’ be extended to apply to the research and outputs of journalism educators and their students when they are engaged in ‘public interest journalism’, whether or not they are paid to work as journalists and whether or not their work is published by a ‘media organisation’ in its traditional sense.

We have also asked that the Commonwealth lead a reform initiative to unify all state, territory an Commonwealth media laws across a range of publication restrictions to do away with anachronistic inconsistencies and introduce a public interest journalism defence or exemption so that courts are prompted to balance the various interests at stake before issuing a warrant against a journalist or taking criminal action.

The Committee is now entering the phase of public hearings. See their site here.

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2019 – the moral right of the author has been asserted.

 

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Mindfulness strategies explained at Asian Media conference

By MARK PEARSON

Our work on mindfulness-based meditation in the journalism education pedagogy was presented to the Asian Media Information and Communication Centre (AMIC) conference in Bangkok last month to an enthusiastic audience.

Here is the abstract of our presentation for interested blog readers.

“Mindful journalism in action: applications for resilience, learning and ethics”, presented at AMIC Bangkok, June 17, 2019

Mark Pearson, Griffith University

Cait McMahon, Dart Centre Asia Pacific

Analise O’Donovan, Griffith University

The term ‘mindful journalism’ – coined in 2013 (Pearson, 2013) and theorised in 2014 and 2015 (Pearson, 2014; Gunaratne et. al, 2015) – shares some features with other modern ‘journalisms’ (‘solutions’ (Solutions Journalism Network, 2016), ‘peace’ (Lynch, 2010) and ‘inclusive’ (Rupar & Pesic, 2012)). However, it is distinguished by the fact that it includes elements of secular Buddhist approaches to mindfulness-based meditation and ethics (Pearson, 2014; Gunaratne et. al, 2015).

This paper uses a recently released conceptual map (Pearson et. al., 2019) to explain the potentialities of mindful journalism to strengthen journalism students’ resilience, deepen their learning, and shore up their moral compasses as they enter occupations where their work can expose them to trauma (Drevo, 2016) and industry disruption can subject them to stress, burnout and other mental health challenges (O’Donnell, 2017). It details some key ways mindful journalism (and mindfulness-based meditation) have been introduced to the curriculum and pedagogy in a media law course, with a strong emphasis upon emotional and situational analysis of media law dilemmas, as an alternative to a black-letter style of teaching media law cases, legislation and topics (Pearson et. al, 2018). The approach offers a useful extension to problem-based learning and provides the tools by which educators can encourage their students to engage in ‘reflective practice’ or ‘reflection in action’ by which they can purposively reflect upon their learning when confronted with new ethical or technological dilemmas  (Schön, 1987).

Students and journalists are equipped with a toolkit of techniques for inward reflection which they can use to assess their thought processes, emotional state, situation, ethics and learning. The approach is in accord with the research on metacognition in psychology and education (Flavell, 1976; Tarricone, 2011) which has found that reflection upon one’s thinking, knowledge and experiences can deepen learning and – we argue – in a mindful journalism context can help engage in professional conduct with both wisdom and compassion. It also builds on the research in a range of occupations showing the potential for mindfulness-based meditation in improving resilience which can help minimise the risks of post-traumatic stress disorder, stress and burnout (Chaukos et al., 2017; Hölzel et al., 2011; Keng et al., 2011; Trammel (2015)).

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2019 – the moral right of the author has been asserted.

 

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Filed under Eightfold Path, journalism, journalism education, media ethics, media law, mindful journalism, online education, reflective practice, social media

My latest Conversation piece on media implications of NT youth justice proposals #MLGriff

By MARK PEARSON

For the past week, momentum has been building for a national parliamentary inquiry into media freedom following the police raids on ABC and News Corp journalists.

But the issue of press freedom isn’t restricted to Canberra – there’s another contentious debate taking place at the moment in the Northern Territory over a plan by the government to close the NT’s courts to the media in cases involving young offenders.

The debate centres on a bill that would introduce the nation’s most restrictive rules on reporting on juvenile offenders, including punishments of up to a year in jail for journalists who enter a juvenile court or publish details of any case.

Interested? Read my full article in The Conversation: https://theconversation.com/nt-wants-to-end-naming-and-shaming-of-juvenile-offenders-sparking-press-freedom-debate-118170


© Mark Pearson 2019

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

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Building mindfulness into the online media law curriculum

By MARK PEARSON

Our Arts Education and Law group at Griffith University held a learning and teaching symposium on the Gold Coast this week.

I was invited to speak on my incorporation of mindfulness into the curriculum and pedagogy, and to explain how I have been using a single course site to service on-campus and online students in a single cohort.

Here is a PDF file of my presentation for educators and students who might be interested in the approach.

 

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2019 – the moral right of the author has been asserted.

 

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Filed under free expression, journalism, journalism education, media ethics, Media freedom, media law, Media regulation, mindful journalism, online education, reflective practice, social media

Vale Shelton Gunaratne

By MARK PEARSON

Esteemed journalism education colleague Emeritus Professor Dhavalasri Shelton Abeywickreme Gunaratne died in Minnesota on March 8.

Emeritus Professor Shelton Gunaratne

Many journalism educators knew Shelton through his active membership of the (then) Journalism Education Association during and after his term at Central Queensland University from 1976-1985, where he had been the founding lecturer in journalism at what was then known as the Capricornia Institute of Advanced Education (CIAE). He was later appointed professor of mass communications at Minnesota State University Moorhead.

Shelton was an active member of numerous international journalism and communication organisations, including the AEJMC, ICA, IAMCR and AMIC – which in 2016 awarded him the AMIC Asia Communication Award for 2016 in recognition of his “ground-breaking scholarship and intellectual contribution to Asian media and communication research.”

I am particularly indebted to Shelton for his mentorship on the relationship between journalism and Buddhist ethics and phenomenology, which he introduced to the literature with The Dao of the Press : A Humanocentric Theory (Hampton Press, 2005) – a deeply theoretical and cerebral exploration of the inter-connectedness of all things, modelling the media’s role in that process.

He kindly invited me to co-edit (with his former PhD student Sugath Senarath) our book Mindful Journalism and News Ethics in the Digital Era: A Buddhist Approach (Routledge, 2015). That project continues, and I acknowledge his input into my work as my mentor and friend.

The author (right) with his mentor, Emeritus Professor Shelton Gunaratne, at the AEJMC convention in Minneapolis in 2016

I spoke on the phone with his widow Yoke-Sim who had loyally nursed him through the final stages of Parkinson’s Disease. She reported that Shelton was sharp to the very end.

Shelton believed strongly in the ripple effect of one’s actions upon others, and I know his intellectual outputs will have a lasting impact upon journalism and mass communication scholarship, educators and students.

For the information of US colleagues, a memorial service has been organized for March 15 (Friday) at Minnesota State University Moorhead, Comstock Memorial Union 205 between 6-8 p.m. An almsgiving (dania) will be held at the Gunaratne residence (3215 Village Green Drive, Moorhead, MN 56560) on March 16.

RIP Shelton, and thanks for your legacy.

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2019 – the moral right of the author has been asserted.

 

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Building journalists’ resilience through mindfulness strategies: article published in ‘Journalism’

By MARK PEARSON

Our article on the potential applications for mindfulness-based meditation in journalism has now been published in the top-ranked international academic journal Journalism.

The publication is the fruit of more than two years of project collaboration with my colleagues from Griffith University (Professor Analise O’Donovan) and the Dart Centre Asia Pacific (Dr Cait McMahon OAM). Co-author Dustin O’Shannessy provided valuable research assistance and co-authorship.

Here is the abstract for the article, with the full text available via the Sage site (best accessed via your library if you are a student or academic):

Pearson, M., McMahon, C., O’Donovan, A., & O’Shannessy, D. (2019). Building journalists’ resilience through mindfulness strategies. Journalismhttps://doi.org/10.1177/1464884919833253

Mindfulness-based meditation has earned its place in a variety of settings after studies reporting the benefits of mindfulness-based interventions for the treatment of a range of psychological and health disorders and for building resilience and well-being in a variety of occupational groups. In the field of journalism, the realities of journalists’ exposure to trauma while reporting have been well documented. This article is the first to link those areas of research – suggesting that mindfulness-based meditation offers promise to help journalists build resilience to post-traumatic stress. It also presents a conceptual map to theorise the broader potential benefits of journalists using mindfulness-based meditation, including help with industry-related stresses such as job insecurity, coping with emotions and battling potential ‘moral injury’ in reporting. It explains that pedagogical approaches for equipping journalists with mechanisms for working with their emotions, thoughts and professional values have been lacking. Some media organisations and universities have experimented with meditation practice for a range of reported reasons, but evidence-based research into the efficacy of such programmes for journalists is overdue. This article bridges the knowledge gap that brings together mindfulness-based meditation practice, journalists’ resilience and well-being, and the potential for enhanced work practice.

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2019 – the moral right of the author has been asserted.

 

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Filed under Eightfold Path, journalism, journalism education, media ethics, mindful journalism, online education, reflective practice, social media