Rachel Egan

Jour 390
February 6, 2011
Chapter 11
Photographs and Ethics

Since the early roots of photography over a thousand years ago and

the increased interest of photographic development since the mid 1800s, the

issue of photographic privacy has been a prevalent concern. Questions about

ethics and personal privacy have been not only topics of conversation

between the photographer and their subjects, but also in the news as well.

Throughout the years, different photographs have caused problems in

regards to a person’s right to privacy and the matter of newsworthiness has

been debated. Ethical issues involving photography have become

increasingly problematic throughout the past fifty or so years since cameras

have become mainstream and available to the general public (Warren).

The issue of privacy and protection from photographs,

photographers, and journalists has arisen multiple times at pivotal moments

throughout history. Time and time again, the matter of newsworthiness is

stated as justification for taking and printing photographs that may cross the

line of personal privacy (Calvacca). In the case of a photograph taken by

Kathy Shorr of a lesbian couple who were going to a commitment ceremony

and later published accompanying a story about society’s progression, the

judge ruled that even though they hadn’t signed a release form, the images

were newsworthy and therefore available for public printing (Calvacca). As a

generally agreed upon practice, if the newspaper or publication has any

justification for newsworthiness of the photograph, the publication will not

get in trouble for printing it (Scott).

Emotional implications of photographs are largely considered when

publishing photographs (Lester). Although journalists generally hide behind

the cover of newsworthiness, there are still ethical implications that they

must consider when capturing and printing a photograph. One such

consideration is the breakfast test (Allen). According to Theresa Allen of Cal

Poly State University, if one looks at a photograph in a publication at the

breakfast table and cannot physically and/or emotionally handle the image

while they are eating, the photograph should not be published as a portion of

the article (Allen).

In the recent years, photographs of military coffins returning home

from over seas have become more and more problematic (Lester). Although

there is a discrepancy of opinion about whether or not certain photographs

of military personnel should be published, many publications continue to

print said photographs using newsworthiness as their defense (Despite Ban).

The Seattle Times is just one example of a newspaper that, in 2004, had to

justify the publication of photo of an American flag draped over a coffin on its

front page (Quill). The images of soldiers’ coffins have become a tense topic

of conversation between the government and publication companies. The

disagreement arises between whether publishing the images of the coffins of

the fallen soldiers is an invasion of privacy for the soldier and his or her

family and the public’s right to know (Despite Ban).

 Although there are laws regarding the use of photographs in news

stories, the use of the internet and personal cameras – especially digital

cameras – has blurred the lines of that which is ethical and accepted, and

that which is not (Lasén). Digital photography has become mainstream to

the point that virtually every person in first world countries has access to a

camera. Digital cameras, with photo and still image capabilities, are not only

so small that they can fit into a pocket or a purse, but just about every cell

phone on the market has a color, high resolution camera built in (Lasén). The

increased, every day use of digital photography has made it nearly

impossible to protect the photographic rights of every person at any given

moment in time. The issue of digital photographs and publications has

developed to the point of understanding that if the photograph is taken in a

public place and is of something available to the public eye, the

photographer has a right to take and publish the photo without explicit

consent from the person in the photograph (Warren).

Although the United States government attempts to protect the rights

of photographers as well as their subjects, the increased use of personal

cameras has proven to be a difficult hurdle to overcome. The ability for any

person to snap a photograph at nearly any time they want makes it difficult

to create laws regarding photographic privacy. The world of ethics

surrounding photographs is constantly changing and evolving as is the

mentality surrounding the use of cameras in sensitive situations. The

discrepancy between a person’s right to privacy and a publication’s right to

print that which is newsworthy will continue to be an issue addressed for

many years to come.

 Works Cited

Allen, Theresa. Class Lecture. Journalism Ethics. California State University, San Luis

Obispo, CA. February, 2010.

Calvacca, Lorraine. "Public pictures, private lives." Folio: the Magazine for Magazine

Management 24.9 (1995): 23. Expanded Academic ASAP. Web. 7 Feb. 2011.

"Despite Ban, Newspapers Publish Coffin Photos.” Quill 92.5 (2004): 6-7. Academic

Search Elite. EBSCO. Web. 7 Feb. 2011.

Lasen, Amparo, and Edgar Gomez-Cruz. "Digital Photography and Picture Sharing:

Redefining the Public/Private Divide." Knowledge, Technology & Policy, 22.3 (2009): 205-215.

Lester, Paul Martin. Visual Communication: Images With Messages, Fifth Edition.

Boston: Wadsworth, Cengage Learning, 2011. Print.

Scott, Sandra Davidson. "Beyond reason: A feminist theory of ethics for journalists."

Feminist Issues 13.1 (1993): 23-40. Academic Search Elite. EBSCO. Web. 7 Feb. 2011.