A Message about Reporting Methods: Make No Mistake
"These prominent cases reflect the strategies other individuals and corporations are using to battle back when they feel harmed by news reports. More plaintiffs are using elements of privacy law to attack the newsgathering techniques of reporters and photographers as they cover accidents, drug raids, and shady business practices. And, in some cases, the torts of intrusion and intentional infliction of emotional distress are central issues in the complaint. While truth remains a core defense in defamation cases, juries are increasingly using the behavior of journalists as a measuring stick for wrongdoing. Jurors dont buy the "ends justifies the means" argument when the methods are unethical.
Intentional infliction of emotional distress is the legal cousin of an ethical failure to show compassion...harm is about legal liability and it is about ethical responsibility. Jurors may be casting ballots about fraud, intrusion and trespass. However, their views are bound to be affected by matters of journalistic fairness, balance, honesty and professionalism. To borrow a familiar phrase, and edit it to make the point, "Its the ethics, stupid."