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The Hutton inquiry has shone a bright light onto
many things. Spooks, politicians, civil servants
(and potential moles) will all be re-evaluating
their ways of working (or leaking) in the light
of the evidence that has been disclosed. So should
journalists. Hutton may well have uncomfortable
things to say about the way we gather news: how
we evaluate and edit it and how we react when
challenged as to its veracity. The public -
already pretty sceptical about what we say and
how we operate - will, I think, expect some
evidence that journalists are putting their own
house in order at the same
time as highlighting the issues for everyone else.
How
do our own processes look in the light of the
issues so far raised by Hutton?
Sources
We have a policy on sources. It says that we should
use anonymous sources sparingly. It says that
we should except in exceptional circumstances
- avoid anonymous pejorative quotes. It
says that we should avoid misrepresenting the
nature and number of sources, and that we should
do our best to give readers some clue as to the
authority with which they speak. It says we should
never, ever, betray a source.
How well do we do? I'd say, better than most,
but not as good as we could or should be. We're
also better than we were, but on some days the
paper is still littered with examples of people
flouting some of these guidelines (though never,
I hope, the final one).
We all understand the reasons why. People will
frequently only say interesting and important
things if they can do so anonymously. Sometimes
the reasons are ignoble (cowardice), sometimes
noble (whistleblowing). At Westminster, in particular,
what is accurate is often not on the record. So,
obviously, much has to be left to the judgement
of the reporter. Sometimes the sensitivity may
be such that writers may even have to be economical
with the truth in identifying the nature of the
source. Such occasions should be rare.
In all this you simply have to bear in mind the
innocent reader, and the culminative effect of
ploughing through a paper in which a significant
degree of information is passed on without any
means of knowing how to evaluate it. We're effectively
asking readers to take a lot on trust. And the
one thing we know from all surveys is that readers
are increasingly sceptical about placing their
trust in newspapers (though, thankfully, Guardian
readers place a very great degree of trust in
the Guardian).
I know, you know, that the most vaguely-sourced
story can also be the most authoritative. Just
remember that the reader doesn't.
There is a similar difficulty in trying to set
a rule of thumb about the number of sources we
need before we'll print something. It's pretty
obvious that it's generally good journalistic
practice to speak to as many people as possible
in putting together a story. You test the information
Source A gives you against the information Source
B gives you. You may even be reluctant to ring
Source C in case he/she knocks down the story
from Sources A and B. Ring Source C.
Equally, there are instances when a person you
know to be truthful tells you something from their
own personal knowledge. As the head of MI6, Sir
Richard Dearlove, told the Hutton Inquiry: "Much
high quality intelligence proved to be factual
is single-sourced." If the Archbishop of
Canterbury rang to tell you he was resigning tomorrow,
you'd print it.
The difficulty comes where (as seems to have been
the case with Dr Kelly) a reliable, well-placed
and knowledgeable source mixes information of
which he/she has personal, first-hand knowledge,
with material of which he/she has less direct
knowledge. He/she may, in other words, be a good,
single source for some information, while other
parts from the same person would
require verification from another source. Any
reporter who's spent more than a morning in court
learns the difference between hearsay evidence
and direct evidence. One carries weight in court,
the other doesn't. Journalism can seldom aspire
to be as rigorous as legal proceedings. But we
should bear in mind that fundamental distinction
between types of information and types of source,
if for no other reason that your story might end
up in court.
A good general rule might be this : stories should
wherever possible be multi- sourced. Where that
is not possible, the reliance on a single source
should be made clear to desk editors and the matter
discussed fully. The desk editor may well ask
about such matters as: why there is no other way
of
verifying the story; whether the single source
is trusted and in a position to know what they
are divulging to us; and whether the story is
in the public interest. If there is a chance that
additional sources could be obtained by holding
off publication by a day or even a few days, then
we may
want to wait, unless there is an overwhelming
need not just the general desire for competitive
edge to get the story out immediately.
Finally, we should , as ever, guard against the
lazy habit of using quotes from other papers when
pressed at deadline and we should always
attribute the source of any such lifted quotes.
Wherever possible we should strive to speak directly
to relevant parties.
Sexing up
Every editor since 1921 has received a steady
dozen or so letters a week reminding him of what
CP Scott had to say on the subject of comment
and fact and hinting that the great editor was
currently to be found rotating in his burial place.
But all the evidence does suggest that, given
a choice, Guardian readers would rather we did
give them the unvarnished truth or our
best stab at it. It seems obvious enough. But
inside many journalists this goes for desk
editors as much as reporters there is a
little demon prompting us to make the story as
strong and interesting as possible, if not more
so. We drop a few excitable adjectives around
the place. We over-egg.We may even sex it up.
Strong stories are good. So are interesting stories.
But straight, accurate stories are even better.
Readers who stick with us over any length of time
would far rather judge what we write by our own
Richter scale of news judgements and values than
feel that we're measuring ourselves against the
competition. Every time we flam a story up we
disappoint somebody usually a reader who
thought the Guardian was different. We should
be different. Of course we compete fiercely in
the most
competitive newspaper market in the world. Of
course we want to sell as many copies as possible.
We've all experienced peer pressure to write something
as strongly as possible, if not more so. But our
Trust ownership relieves us of the necessity to
drive remorselessly for circulation to the exclusion
of all else. In other words, we don't need to
sex things up, and we shouldn't.
Notes
Statement of the obvious: it is very important
to keep a full, fair, accurate and contemporaneous
note of any interview. Sometimes equally
obviously - this is easier said than done.
We've all been in situations where it's not sensible
to whip out pad and pencil and start scribbling
away like mad.
At least, this may be obvious to journalists,
who know how such behaviour can cause a timid
interviewee to clam up at the crucial moment.
It may be less obvious to a judge.
So, if you can't make contemporaneous notes, make
them as soon afterwards as possible. Electronic
notepads or PDAs may be fine so long as the notes
are no less full than they would have been with
plain old paper and pen. And be prepared (a la
Gilligan) to have computer experts toiling over
your hard disc trying to prove you amended them
at a later date.
Again, anyone who's done any court reporting knows
that barristers specialise in undermining police
evidence. Reporters tend to be trusted rather
less than policemen. Increasingly, investigative
reporters accept that notes on their own may be
of limited evidential value and go to some lengths
to have tape or video back-ups. On stories which
are likely to be challenged this is a sensible
precaution, within the obvious bounds of privacy
and fairness (see the PCC Code).
If your shorthand is rusty or non-existent, we
can train you.
Keep your notebooks safe. The archivists at Number
60 will happily store them in secure and confidential
conditions. The Sunday Times reporters who covered
Bloody Sunday were surprised to find the Wapping
archivists had kept all their notebooks safe for
nearly 30 years.
What goes for notes goes for all other documentation
you might need to defend your story should it
ever end up in court. Keep it safe.
But just to make life difficult -
there may be situations where clever lawyers may
try to use confidence, data protection and/or
contempt laws to try and subpoena documents, emails,
tapes and notes. So there may be a genuine tension
between wanting to keep notes and wanting to vanish
them in order to protect sources. In this case
you need to speak to our....
Lawyers
Long ago actually not so very long ago
- the Guardian employed no lawyers. Now,
as luck would have it, we have the best legal
team in Fleet Street. There's almost nothing they
don't know about getting stories into the paper,
about defending them - and you - when
under attack. And about how to protect sources,
handle documents and libel-proof stories. So,
please, consult them early and consult them often.
They'd far rather be pestered in advance of publication
than sweep up afterwards.
E-Mails
Hutton has shown what a treasure trove emails
are to inquisitive lawyers. An instant,
semi-conversational medium at its best can turn
into a devastating audit of procedures and cringe-making
internal debates. It will, I guess, be completely
commonplace for plaintiff lawyers to seek
discovery of internal emails in future court cases.
Emails to Siobhain's team would probably be legally
privileged. Other emails probably wouldn't be.
And remember: just because you delete them from
your own queue doesn't mean they can't be recovered.
Self-entrapment.
Many Guardian writers now talk, or write, about
their work in other media. Remember the cautionary
tale of Andrew Gilligan and the Mail on Sunday.
In other words, it's a waste of time lawyering
every last semi-colon in the Guardian if someone
then goes on Radio Five and speaks with a rather
broader brush. On sensitive stories be very careful
to stick exactly to what has been agreed in print.
That goes for tone as much as facts. And I'm afraid
it also goes for entering into email exchanges
with people who present themselves as innocent
readers. More than one Guardian journalist has
been lulled into a false sense of security via
this route only to find their words splattered
all over some hostile website or weblog.
Fairness
Another bit of the famous CP Scott essay: "It
is well to be frank; it is even better to be fair."
In fact, this is now enshrined in libel law, as
anyone who's read the landmark Reynolds judgement
knows. You may well have more protection if you
can demonstrate that
-
you've put allegations to the people about whom
you're writing in good time for them to respond
-
you've included their response, or a sufficient
flavour of it
-
you've written in a reasonable tone reflecting
the sureness of your knowledge (ie it may be
better to pose a question than assert something
as a fact).
All
this may seem a little severe and cheerless. It's
not meant to be. Most of the above is both common
sense as well as good practice. But we're living
in a different environment now, and it's as well
to keep reminding ourselves of a few of the basics.
Even if (Scott again): "achievement in such
matters is hardly given to man. We can but try,
ask pardon for shortcomings, and there leave the
matter."
But not before we've added "woman."
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