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across the bar

Journalism is dead, long live journalism

by Steve - Posted 18 July 2005

Citizen journalism has once again proved its worth with the on-the-spot coverage of the recent London bombings. As with the September 11 attacks and last year's Asian tsunamis, spectators with camera phones were able to capture important images as the events unfolded. With big media companies realising the potential, citizen journalism represents a major paradigm shift in the way news is reported.    

But what about the legal implications? Citizen journos are not subject to the same rules and code of ethics as normal journalists. The risk of inaccurate or defamatory reporting rises without the benefit of the normal protections and privileges enjoyed by journalists. Limitation of liability clauses and disclaimers will need to be used by media companies wanting to enjoy the fruits of citizen journalism.

Who owns the copyright in the material produced? Unlike traditional journalism, where material is often commissioned or the journalist is an employee, the efforts of the citizen journalist are spontaneous and solicited after the fact to interested parties. The copyright in their work will remain with them unless they have assigned their rights in writing to the media company wanting to use the material. Media companies not wanting the copyright will still need to make sure that there is a proper legal agreement setting out the permitted use of the material. The BBC for one does not demand copyright, but it doesn't pay for any material either. The creator's moral rights may also need to be taken into account and the source of the material may need to be acknowledged in the bulletin or article carrying the original material.

Finally, the issue of censorship will become important. Apparently some of the images from the London bombings were too gruesome to be used in the mainstream media. However this will not always be the case and certain graphic images or material may be aired (a'la SABC beheading insert during supper time viewing).

The authenticity of citizen journalism may be a major drawcard, but a degree of care (and skeptism) will need to be maintained. There may not be too many real journalists joining the breadline just yet. Cream always rises to the top.

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