Tag Archives: fake news

John Stuart Mill predicted the likes of Trump and the echo chamber #MLGriff

By MARK PEARSON

A passage by the great philosopher John Stuart Mill in his seminal work ‘On Liberty’ seems prescient almost 160 years after it was published. It offers insights into ‘false news’ in a ‘post-truth era’.

Much has been written about the sycophants who surround some leaders of politics and business, too fearful to suggest that their views might just be wrong or misguided.

In modern times some have suggested that nobody in the White House would dare question or debate the assertions US President Donald Trump emits daily via Twitter and at rallies of supporters. They have called it the “Emperor with no Clothes” phenomenon.

Related to this is the suggestion that social media and modern means of communication adds to the “echo chamber” where we accept as truth the rumours and assertions of those we “follow” or of commentators on the media channels that best suit our world view.

Again, it is said that the echo chamber for Trump and his supporters centres upon information and commentary in Fox News, which he has excluded from his rants against what he labels ‘fake news’ in other media.

While the communication media might have changed since 1859, there is nothing new about this, because Mill warned us of both phenomena in his landmark text.

I stumbled upon the passage this week when researching an address for a conference session and thought it was timely to share it with you here.

It offers important insights into our conceptions of “truth” and adds credence to better education in fact checking and source assessment, not just for journalists but also for the broader citizenry:

Absolute princes, or others who are accustomed to unlimited deference, usually feel this complete confidence in their own opinions on nearly all subjects. People more happily situated … place the same unbounded reliance only on such of their opinions as are shared by all who surround them, or to whom they habitually defer: for in proportion to a man’s want of confidence in his own solitary judgment, does he usually repose, with implicit trust, on the infallibility of “the world” in general. And the world, to each individual, means the part of it with which he comes in contact; his party, his sect, his church, his class of society … Nor is his faith in this collective authority at all shaken by his being aware that other ages, countries, sects, churches, classes, and parties have thought, and even now think, the exact reverse. He devolves upon his own world the responsibility of being in the right against the dissentient worlds of other people; … Yet it is as evident in itself as any amount of argument can make it, that ages are no more infallible than individuals; every age having held many opinions which subsequent ages have deemed not only false but absurd; and it is as certain that many opinions, now general, will be rejected by future ages, as it is that many, once general, are rejected by the present.” – John Stuart Mill (1859). On Liberty. London: John W. Parker and Son. [underscore added by author]

 

© Mark Pearson 2018 and John Stuart Mill 1859

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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Filed under free expression, journalism, journalism education, media ethics, Media freedom, media law, Media regulation, Press freedom

Fake news prompts a mindful approach to teaching media law in a ‘post-truth’ context – #MLGriff

By MARK PEARSON

My article ‘Teaching media law in a ‘post truth context’ has just been published in the Sage journal Asia Pacific Media Educator, edited by Professor Stephen Tanner from the University of Wollongong.

Much has been written about the ethics of so-called ‘fake news’ and ‘alternative’ facts in a ‘post-truth’ era, but few have explored the legal implications of these and the flow-on to education in media law.

This article suggests there are clear legal risks for journalists adopting the hallmark practices of ‘fake news’ – particularly in linking identifiable individuals to reputationally damaging falsities (defamation) and in making misleading or deceptive claims in the course of business (consumer law).

Whether or not such an ethically dubious practice is actionable will depend on a host of factors including the strength of publishing defences, the availability of legal advice, and the jurisdictional reach of any legal suit.

This article suggests a problem-based approach – including recent examples and classical media law principles – might encourage a ‘mindful’ (reflective) practice when assessing media law risks in the news room.

When a graduate makes the news for a serious legal error – as one Yahoo!7 journalist did in Australia in 2016 (DPP v Johnson & Yahoo!7 [2016] VSC 699 (28 November 2016) ) – journalism educators are deceiving themselves if they think such a fate might not await their own graduates.

If we accept there is no guarantee our students will retain the key knowledge they need in an important area like media law, we need to at least ensure they are equipped with the requisite skills to pause and reflect in the midst of their news reporting and production to assess their capacity for reporting a particular story or addressing a legal or ethical dilemma.

We have developed and refined one approach to achieving this over recent years which we have called ‘mindful journalism’. I’ve  written a short account of the basic principles of mindful journalism in the journal Ethical Space: The International Journal of Communication Ethics, and the editors have been kind enough to make that article available for free viewing as a feature item on their website here. Our book Mindful Journalism and News Ethics in the Digital Era: A Buddhist Approach (Shelton Gunaratne, Mark Pearson and Sugath Senarath eds; Routledge, NY, 2015)  explored the possibilities of applying mindfulness techniques to journalism practice.

The Asia Pacific Media Educator article explains that in applying the mindful journalism approach to media law, students are taught to work through an eight-point checklist to self-assess their capacity for dealing with an ethical or legal dilemma. When applied to the proposed construction and/or publication of ‘fake news’, the eight points of questioning and reflection might appear as follows:

Understanding – What is my understanding of the media laws relevant to this situation? What are the legal implications of publishing something false – even the false words or constructions of others? What are the risks of publishing something true, which might still be in breach of a law (for example, in breach of a suppression order or in breach of sub judice contempt rules)?

Intent – Why do I even want to report this story? What public interest does it serve? What am I intending to achieve by my involvement in its production?

Livelihood – Am I in the right occupation here? Where does the task I am approaching (‘fake news’) sit within my career definition?

Speech – What is the factual basis to the words I am selecting and how are they best selected and crafted to demonstrate truth, accuracy and good faith? Whose voices are in my story and is there a sufficient range of voices and perspective to earn the relevant defences? What needs to be said that is not being said in this story, contributing to falsities, misunderstandings, or imputations about others?

Actions – What aspects of my behavior in this reporting and publishing sit within the bounds of the law and the defences to which I aspire? How do I manage the fact-checking of the words others are saying here and how do I explain any falsities to my audience? Can the publication of my story be delayed until I can substantiate any claims with further evidence?

Effort – To what extent am I trying to follow both the letter and spirit of the law in the pursuit of this story? How hard have I worked to gather evidence to prove the truth of the facts in my story, and to give all key stakeholders the opportunity to speak and respond?

Mindfulness – What techniques of self-reflection and micro-meditation upon media law risks and approaches have I learned and implemented? What time have I devoted to working through each of the other factors here and in applying them to my situation at hand?

Concentration – How accomplished is my concentration upon the multiplicity of legal dimensions to the story in focus? How well have I focused upon each of them and worked systematically through its elements and the extent to which I have addressed them?

Interested? Please go to the Sage site to access the full article.

If you are interested in reading more about my application of mindful journalism to media law and ethics, please see my treatment of its relationship to defamation in the International Communication Gazette in my article titled ‘Enlightening communication analysis in Asia-Pacific: Media studies, ethics and law using a Buddhist perspective’. Its abstract and link to the full article is available here. See also the mindful approach to navigating mental health reporting restrictions I used with colleague Tom Morton, reported in the Pacific Journalism Review article “Zones of Silence”, accessible here.

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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 2017

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Filed under Buddhism, contempt of court, defamation, Eightfold Path, free expression, journalism, journalism education, media ethics, mindful journalism, Uncategorized