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Media Matters
Dec. 13, 2002
'Tis the Season... for Journalists to be Wary
By Jeffrey A. Dvorkin
Ombudsman
National Public Radio
A reporter asks about a dilemma that happens often at this time of year: what to accept or not from companies:
"I have a question about NPR's policy and how I handle a gift from (a local industry).
I cover litigation issues and regularly use (company) officials as sources.
Each year they send me a massive box of their products... I've always considered it a conflict to keep, but rather than send back I donate to a local food bank. Is that the right way to handle it?"
NPR's principal ethics officer is Vice President and General Counsel Neal Jackson. He answered the question judiciously:
"Good question, and it is a tricky one, actually. It sounds like your heart is in the right place, and that ought to count for something (it does with me).
The conflict of interest considerations are, in the case of news gatherers and editors, partly actual influence and partly appearances of compromise (that is appearances to a variety of people, ranging from the giver to the reader/audience). Any time you receive a benefit -- any benefit -- in connection with the gift, there is a possible appearance of compromise.
The difficulty in your giving it to the food bank is that (the company) is left with the impression that you kept it and they maybe influenced you. There is also the problem that in some sense you get the benefit from giving it to the food bank, not them. One could stretch this pattern to the extreme and say that, if a subject of coverage gives you $10,000 and you give it to charity, you are clean. I know you would not feel right about that (and correctly so).
These kinds of discussions can get pretty convoluted... But in my opinion we should be somewhat practical here. So here is what I think you should do. Give the box to the food bank, but send an e-mail or letter to the (company) telling them that (a) thanks for thinking of you this holiday season, (b) ethical considerations forbid you from keeping the gift, (c) you will therefore this year -- as always -- give the contents of the gift to the XYZ Food Bank, and (d) suggest that a simple card of good wishes to you or an equivalent direct gift by (the company) to a charity of their choice would be a better way of celebrating this holiday season."
Neal Jackson's advice is excellent. NPR has a longstanding policy of making sure that seasonal greetings don't become obligations in the New Year.
NPR has reinforced its restrictions on accepting offerings at any time of year, but especially at this season:
"This is a reminder to all employees about NPR's restrictions on accepting holiday and other gifts from those with whom we interact professionally. These restrictions are important to maintaining the highest standards of honesty, integrity, impartiality and conduct among our officers and employees, and are taken seriously. They are particularly important at a news organization that seeks to maintain the highest journalistic standards and maintain both the substance and appearance of impartiality.
Specifically, section 6 of NPR's Statement of Employee Responsibility and Conduct (available on the intranet) in general terms prohibits all NPR employees from accepting anything of monetary value from a person who, directly or indirectly, does or seeks to do business with NPR, or which is currently, or reasonably could in the future be considered to be, the subject of NPR news coverage. Some exemptions to this rule do apply, such as the receipt of food, drinks or entertainment that is served at an event which the employee is already attending in an official capacity, where the item is not of substantial intrinsic value (which this office has previously held to be under $25), or where there is a pre-existing personal relationship between the parties and the gift is clearly in furtherance of that relationship.'"
Journalists (and others at NPR) should be reminded from time to time of their ethical obligations. But this does not mean that the staff (as far as I can tell) is in need of remedial correction. Compared to a generation ago, this is a group of journalists that acts its age.
Some of the senior members of the craft may remember when news organizations were not always so rigorous. Stories of envelopes with $10 bills handed out to reporters at political rallies still abound. Sports departments would for years accept well-stuffed hampers of Christmas food and drink thanks to a home-town company that owned the home-town team. Anyone who has worked as a local reporter could easily regale his or her colleagues with similar stories. They seemed amusing then. They seem less so now.
These days journalists are better paid and less susceptible to the blandishments of brewers and bosses. But other influences still exist. There is access to the powerful, which can be a more subtle kind of non-monetary influence. There are speeches to conferences that pay well, but NPR insists that all speaking engagements be pre-approved by management. This is done to avoid NPR journalists being paid by groups that may have an interest in how the news gets covered.
Even as it makes for more responsible journalism, it still hasn't stilled the suspicions of the public -- many of whom are convinced that beneath our respectable demeanors, there lurks an ethically dubious cast of characters -- ink-stained wretches straight out of The Front Page.
With the proliferation of ethical guidelines in many news organizations, the reputation of this profession still seems mired. Some of it may be because of the nature of much of the news: "gotcha" journalism and obsessions with conflict that leaves journalists appearing to be public scolds rather than civic illuminators.
That may be grist for another column, but for now, we won't be accepting gifts from strangers (or news subjects).
Listeners may contact me at 202-513-3246 or at ombudsman@npr.org.
Jeffrey Dvorkin
NPR Ombudsman
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