My case studies revolve around the issue privacy invasion. Privacy invasions are always frowned upon, but when they’re followed by a large-scale exposure there can be many other issues. This case study involves more than a single person sharing another’s personal information with friends. It examines the ethics involved in media outlets publishing private information.
TMZ is the media outlet we will examine. TMZ has arguably become the world’s largest media outlet for pop culture. Since the early 1990s, TMZ was renowned as the first news outlet to break shocking and private stories about celebrities. TMZ’s website has published divorce papers and court proceedings as well as bank statements. Media ethics is at play when documents are exposed that could not only be private under law but also cause irreparable harm. TMZ’s decision to release these documents raises some ethical questions. These documents were obtained ethically? Should TMZ take responsibility for any possible repercussions?
TMZ’s ethical behavior has been questioned in many instances, as I have already stated. However, I will focus on one instance. North West, the daughter of Kim Kardashian and Kanye West, was born in June 2013. In June 2013, TMZ leaked a picture of North West’s original birth certificate. (BIRTH CERTIFICATE).”). West and Kardashian did not announce to the public that Kardashian was about to give birth or even that she was close to doing so. TMZ received the photo and published it first. They even mentioned this in the article, “Kim’s Baby North West – Holy Crap, i don’t have a second name!” (BIRTH CERTIFICATE)”). While there is a question of ethicality here, given that West’s and Kardashians’ daughter’s location was not meant to be publicized, it could also involve the safety of the minor.
Let’s begin by looking at TMZ’s privacy policy. TMZ’s privacy policy states that images containing personally identifiable information, such as legal or medical documents, will be posted. The policy also says that any information that you submit to TMZ regarding a person, situation or other data is covered. TMZ may use your name if, for instance, you provide insider news to them. It would be necessary to conduct a case study on ethics and anonymity. But let’s stick with the issue of whether TMZ was right or wrong in posting the birth certificate.
TMZ does not explain why certain images and information are not posted. This is the next point in our examination of TMZ’s ethics. It would seem that TMZ has no boundaries when it comes to this information, as their privacy policy is very open. TMZ didn’t acknowledge the controversy that surrounded the posting the birth certificates, but only removed the most controversial information to, we assume, avoid legal ramifications. This situation is similar to a prior situation where TMZ, in a court case, was accused of posting a “sexualized” child star video (“TMZ Takes Down ‘Toddlers and Tiaras’Child Star Videos”). TMZ has been sued over the posting of this video. Rather then posting a response, the company removed certain parts of the article to settle out of court. TMZ is not bound by any media ethics guidelines, and they are more concerned about their success than anything else. History shows that exposing private information, such as medical records, can lead to a lawsuit from the victim. It was not surprising that Kardashian chose to sue.
The ethical question should also be asked if other news sites post the exact same photos that TMZ does. Other news outlets, especially those that cover pop culture, don’t seem to be as willing to risk their reputations like TMZ. Interestingly, many news outlets remove themselves completely from the article and just link viewers to TMZ’s original article. New York Times posts articles with very general information. As an example, TMZ posted the leaked audio recording first and the New York Times did not include it in their version (“Celebrity Gossip website Extends its Reach with Scoops of Stars from a different Field”). Remember that New York Times stated very clearly that this TMZ story. This is significant because it demonstrates that the ethical policies of both news organizations are different.
The sources used by TMZ are another factor to be considered before deciding if TMZ acted with ethics in posting the leaked birth certificate. TMZ also published an article shortly afterwards revealing that hospital employees had improperly accessed Kardashian’s records. (“Kim Kardashian –I was a Victim in Hospital Snooping”) In the article it states that the employees who leaked the information were terminated. TMZ, being the first outlet who posted the birth cert image, seems to be a source that does not adhere strictly to ethical standards. TMZ’s loose ethics are evident in both the way they gather information and how they post private information. This combination shows TMZ’s ethical standing and integrity.
Let’s use ethical theories to examine TMZ in this instance (“Privacy”) and determine if they acted ethically. Kant might ask if there’s a developed category imperative. In this situation, is the information provided on the certificate of birth more important to society? The information regarding North West’s birth is it something that the public needs to know about? I would argue that it isn’t. Another ethical theory. Rawls might ask how TMZ’s staff would react if hospital information had been leaked. I’d like to think that TMZ employees would not want their child’s birth certificate leaked to media if the location of the hospital was kept secret out of safety concerns. Habermas, another theory, would suggest that TMZ would consult with West and Kardashian prior to publishing the image. TMZ didn’t consult the ‘victims,’ no matter how they obtained the information.
Mill’s theory would be the one I use to justify my decision. He says that the release of private information can be justified if it is for a greater good. In this scenario, releasing private information would not be of greater benefit to society. The theory might suggest that releasing information is a good thing, but I do not believe this.
If you want to summarize this case study, please provide a justification. These documents were obtained ethically? Should TMZ take responsibility for any possible repercussions? First, it is not ethical to obtain the documents as there was a privacy breach at a local hospital. TMZ will be responsible for all repercussions arising from the disclosure of the documents, because it was a matter of wanting to know rather than needing to know. TMZ is ethically responsible for the exposé of documents that could raise safety concerns. The parties were not asked if the picture was to be published. Posting these documents was unethical. They clearly invaded the privacy of those involved, without any evidence that this was for the benefit of society.
