Every journalism school discusses the ethics of the common journalistic practice of having sources give information "on background" or "off the record." There are furious debates as to when this is appropriate, what these terms actually mean, and the ethical quandries thereby raised.
But what of the ethics of journalists going "off the record" or "on background" themselves? When is it appropriate for a journalist to participate and speak at a forum that is "off the record"? Is there any discussion or debate about this issue?
The reason I ask is because Eason Jordan, Chief News Executive of CNN, spoke on a panel at Davos and his comments have caused a bit of a scandal. For more background, see, Jay Rosen on Press Think (Weekend Note on Eason Jordan).
There are differing accounts of what Jordan actually said but, fortunately, the panel was videotaped. Unfortunately, the videotape is to be kept securely out of the eyes of the public until such time as no one really cares anymore (which will probably be a very long time). The panel, which took place before potentially hundreds of a wide variety of the global elite, was "off the record."
Heck, is it even ethical for an "on duty" journalist to agree to such a panel being "off the record"? This isn't Deep Throat, after all, this is a panel before a wide variety of various big names from many different countries. It isn't as if secrets are being revealed. What does "off the record" mean in such cases? It seems to me that such a requirement is merely to provide a sense of entitlement among the attendees and their social circles against the wider public. Something along the lines of "these words are only fit for those privileged enough to attend a ski resort in Switzerland, not for the general public."
Of course, whether or not it is ethical for a journalist to agree to such a panel being "off the record," is it ethical for a journalist, especially a prominent one to agree to participate in such a charade of public access to information? What purpose did Jordan's presence serve? Why did he not make clear that he would speak only on the record or not at all?
Why should politicians care about transparency if journalists don't?
Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
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