I. The responsibility, judicial or ethical, of the newspaper is involved in the reporting of human-interest stories (HIS).

HIS is in a double sense the keystone of the news,

  • from the reader’s viewpoint, it’s a priority centre of attention, whether at the national, regional or local level;
  • from the reporter’s viewpoint, the HIS calls into play the fundamental professional rules, at the highest degree (checking of facts, contradictory sources, investigative rigour, reflection, sensitivity, respect for the human being) to be applied on an unstable, complex, unpredictable, aberrant and hazardous terrain.

Whether small or big, every HIS involves our legal and ethical responsibility. It requires a minimal knowledge of the law and legal procedures, the capacity to find the right tone, somewhere in-between the coldness of a clinical examination and over- emotionalism.

The HIS reaches down in the depths of people. It triggers sensibilities, probes consciences and disturbs the existing balance in communities.

The reporter assigned to HIS must be comfortable in all domains of the profession. With his/her conscience ever alert, when he/she reports on an event, investigates it or tries to conceive possible outcomes, he/she must constantly seek to embody the values of justice, freedom, respect of individuals and of their rights, which form the foundation of the newspaper Ouest-France.

Our common ethics must be a living force when we deal with HIS. No ultimate tool-box will provide for all possible cases; no code will force discipline upon those transgressions, irruptions and swervings that HIS are made of. Our common ethics will most often prevail through dialogue and discussion.

II. Basic principles

The HIS, checked, precise and understandable, must be reported with the permanent preoccupation of all the possible repercussions of the publication (for the people directly involved, for the family of the victims, for the family of the guilty…)

The facts must be put in context, in their human dimensions, with no concession to voyeurism.

Facts, small and big, must be followed up systematically. The reporter will not hesitate to return to facts that remain mysterious, unsolved. He/she will be humble enough to give the end of the story even if it contradicts what he/she had written in his/her earlier reports.

The facts should be accompanied with testimonies, interviews that help to understand – also with information likely to help the reader not be the victim of a similar HIS (The good question: “What is interesting for me, what can I learn from what has just happened to the other fellow?”

Reporters should be extremely careful about attributing causes, linking cause and effect, defining the responsibility of each of the people involved. What seems obvious might not be true and sources may be trying to manipulate the press.

III.   Court News

Pre-trial Report

The French judiciary system functions on the inquisitorial and secret mode until the trial. Only in court does the debate become public and contradictory. So a pre-trial story bears two handicaps : incomplete and biased information ; implicit contradiction with the principle that the judicial investigation should remain secret.

The pre-trial story must maintain great distance from sources, great precautions in the wording, an intense awareness of the absolute right of all human beings to a fair trial.

Trial lasting several days

Such trials require great professional mastery: the day’s story must clearly indicate that this is but one episode in the case and there should be no -reckless anticipation of what will happen next. The first story should announce the several phases of the trial; the next must briefly recall previous phases (if only for occasional readers). Stay uninfluenced by the atmosphere of the day.

An example of what should not be done : 180 incriminatory lines , over four columns, on the opening day. And the mention that the jury is deliberating at the time when the newspaper is going to press. The next day, the news, on three columns, is that the accused was acquitted, with a convoluted 30-line blurb summing up all the good reasons which the day before pointed to a likely condemnation, and a 15-line conclusion saying the defence an acquittal! Is that a way to stay credible ?

Case Dismissal

That deserves an editorial treatment in proportion to that which was given to the case at the outset.  It demands rigorous follow-up. When publishing the news of the dismissal, first check systematically with the person involved or his/her attorney (respect those who wish to use their right to a quick return to obscurity).

Presumption of  Innocence: a Safeguard for Democracy

It is useless to stress, in the article, that an indicted person is entitled to presumption of innocence when the person is a unmasked mobster caught weapon in hand as he exited a bank after giving flowers to the scared cashier to comfort her! But in most cases, the presumption of innocence must be mentioned in the story, either explicitly or indirectly in careful phrases (use of the conditional, quotes from accusatory sources, unproven elements exploitable by the defence). Examples : “The defendant is accused of… “, “he will face the accusation of…”, “defence lawyers are bound to argue that…”, “according to the police…”

Beware that what seems obvious may not be true. Police sources are often over-confident. Beware of the apparent weight of a confession made during the police investigation or the preparation of the trial. Except when the accused has been caught red-handed, indisputably, the presumption of innocence is an untouchable principle, until the court publishes its judgement. […]

Words are not neutral

Let’s be particularly vigilant concerning the vocabulary we use : we should keep our distance from sources (the police esp.). Let’s ban words that may hurt and for which there are easy substitutes. Let’s proscribe phrases that tend to steer public opinion and jury members towards a presumption of guilt (“the character is well-known of the police ” or worse, this headline at the beginning of a case : “the killer refuses to admit the facts “). Beware of recalling previous convictions before the trial opens : in the early phase, these are sometimes used to hide a lack of evidence. Until the trial takes place, let’s develop the habit of judging of a case in isolation.

Amnesty

The Law prohibits any mention, in any shape, of a conviction that has been deleted by an amnesty. If the court issues a sentence of a kind that could later be amnestied, then report the story as it deserves but do not identify the convicted person.

Lower Courts

Coverage of them provides a mine of information on the evolution of delinquency and society. It should not be treated as a pillory! Most cases can be treated as social events, without names being revealed.

Be attentive to the meaning of the sanction decided by the court (a heavy punishment for a minor crime or a symbolical sanction for a violation apparently more serious, like a physician being fined € 5 for tax evasion – but keep it anonymous). The sentence remains a good criterion : the test of the jail term. What is interesting is not to « nick Mr. So-and-so », but the fact and the punishment dealt out (« What do I face if the same misadventure happens to me? »).

Do not endeavour some systematic overview on the spot : file all cases that seem significant of some major process (the evolution of life styles, of case-law, of the mentality of judges) and later do a piece on that theme.

Conversely, some model cases are sometimes tried in a lower court yet deserve as much editorial coverage as if they were tried in a higher court (and can even be promoted to the major news section). For instance : very serious violations of ethics in certain trades or professions.

IV.  The HIS on the page

The layout must reflect the editorial hierarchy and the ethical choices of the newspaper: a balance between contents and form should be sought in determining the length of the story, its headline, subheads, and the illustrations.

Beware of appalling proximity – as when next to a 4-column story about the suicide of a pensioner in an old folks home we recently used the stop-gap “Stop gorging on tranquillisers”! How can readers take us seriously ?

Encourage news circulation between local editions interested in a HIS.  A story taking place in the major town of Alençon may be of interest only in the small town of Condé-sur-Noireau, not necessarily the whole “département”    of Calvados.

Use the facilities of the computer system to reproduce in another edition only the part of a story which may truly interest it : an accident given 120 lines in the “département” of Morbihan, you can quickly abstract the 50-60 lines which will be enough for the local edition of Montaigu. […]

V. HIS and the Operation of Newsrooms

In “département’-level newsrooms,  the HIS-reporter is central.  A daily rotation should be banned.  At worst, assignment to HIS should be on a weekly basis so as to allow some follow-through.  Dealing with HIS requires knowledge, specific investigative methods, a network of informers that has to be maintained. Covering HIS should not be automatically assigned to the last person hired, and even less to some newsroom bureaucrat or to some temporary hireling.  If that cannot be avoided, for some major reason, at least ensure that he/she gets help and advice from a professional.

Build an address book to be used by successive reporters on that beat (from the personal phone number of the District Attorney to the whereabouts of the porter of the Law courts, and including the judicial bureaucracy and judges).

Go the rounds personally every day. You cannot get good HIS if you do not collect information regularly, if you do not maintain a network of informers. Get out of the newsroom, investigate.  It is difficult to make readers “see” what you have not seen yourself.

Start a “Follow-up register”, so that the constant change of reporters on the HIS beat does not cause the evolution of some or other to be ignored.  Do not hesitate to investigate HIS that have remained mysterious, unresolved.

Forward all important HIS to the major news department (a warning call as early as possible, mentioning the possible need for photographs).

Develop a practice of investigation. Training sessions will be offered on that theme.

VI. Guidelines  for the HIS Reporter

Accidents

The location must be described with utmost precision. You should not talk about a “county road” or a “major highway” : mention the towns or villages linked by that road. Also be as precise as possible about the circumstances (not the causes). Try to recreate the event as well as you can.

Beware: the police consider as a serious casualty (and mention it as such in their report)  any victim that is hospitalised or put on sick leave for over 6 days. They estimate that length of time from what the investigators have observed or what the physician has mentioned at the time of the accident. So you should use the terms “light casualty” or “serious casualty” carefully: get a description of the wounds so as to evaluate the gravity.

The causes, even as mentioned in the police report, should be presented with caution. The publication of them can influence the possible court action.

The report of an accident  should be supplemented in case it turns out that (maybe not for the first time) the state of the roads or traffic management was a factor.

When reporting a fatal accident, give the result of alcohol detection […]. In any other type of accident (causing injuries, damage, or particularly spectacular), drunkenness and alcohol level are mentioned if and when the person is charged and committed.

Accidents at sea

Make systematic contacts with sea rescue centres (Time is precious for us and the quality of our report depends very much on being warned early).

Investigate so as to obtain a maximum number of testimonies (from relatives, friends, colleagues, the administration etc.) and be able to build a story.

Do not obey the usage of the community, which consists in not telling all (e.g. that safety measures were not respected).

Do not hesitate to return to the case when deadline problems made it impossible to give the full story the first time.

Discovery of dead bodies

Do not limit yourself to the raw facts. Follow the investigation and give the result of it. If it concludes it was a suicide, say so (without giving or repeating any identification).

Suicides

The rule is not to mention them. Two exceptions deserve that the issue be debated: public, sometimes spectacular, suicides; and suicides that seem related to the exercise of a political or professional responsibility (take extreme care as regards causal links).

Minor Crimes

The two criteria for identifying a person in the story are indictment and imprisonment.  In the case of serious crime, the identity is revealed from the time the person is charged (with a reminder regarding presumption of innocence).  Pour minor crimes, only after the person has been jailed.  The reporter, of course, keeps his freedom of appreciation to evaluate the gravity of the facts and the context. Experience proves that dialogue with his team and the hierarchy can best guarantee coherence and fairness.

Implication of third parties, relatives, acquaintances : Do not implicate by name people who are not directly involved in the case. (“It’s Mr Smith’s son…” or “It’s the mayor’s son-in-law …” ). Do not implicate a profession, an ethnic or religious group with such headlines as “Murder by a Psychiatrist  ” The Thief was a Fireman”, “An Algerian Burglar”…

Beware of the racist connotations of certain phrases: do not write “A Moslem Frenchman”; would you say “A Catholic Frenchman”? Do not use derogatory terms like “the gypsy “, “the odd-looking character .” If the alleged criminal is a foreigner (check the fact) specify what nationality he is and whether he is a resident in France.

Rape

Do not publish the identity of the victim or any element that could help identification (unless the victim states in writing that it should be published, according to article 39 of the law of 23 December 1980).

Incest

The law prescribes total anonymity. Identification is possible if a court action has been initiated by an adult victim who wants publicity around the case.

Indecent exposure

In all cases, anonymity is required if the identity of the accused may lead to identification of under-age victims. Extreme caution is necessary during the investigation. […].

Infanticides

Describe the circumstances, the context, the social environment, with tact and intelligence, avoiding to cause shame and humiliation to anyone. That requires sympathy and good judgement. Anonymity should be total until the trial, with few exceptions. […]

Last updated on 24.10.2018. Source: Accountable Journalism.