Automated journalism—the use of algorithms to translate data into narrative news content—is enabling all manner of outlets to increase efficiency while scaling up their reporting in areas as diverse as financial earnings and professional baseball. With these technological advancements, however, come serious risks. Algorithms are not good at interpreting or contextualizing complex information, and they are subject to biases and errors that ultimately could produce content that is misleading or false, even libelous. It is imperative, then, to examine how libel law might apply to automated news content that harms the reputation of a person or an organization.
Conducting that examination from the perspective of U.S. law, because of its uniquely expansive constitutional protections in the area of libel, it appears that the First Amendment would cover algorithmic speech—meaning that the First Amendment’s full supply of tools and principles, and presumptions would apply to determine if particular automated news content would be protected. In the area of libel, the most significant issues come under the plaintiff’s burden to prove that the libelous content was published by the defendant (with a focus on whether automated journalism would qualify for immunity available to providers of interactive computer services) and that the content was published through the defendant’s fault (with a focus on whether an algorithm could behave with the actual malice or negligence usually required to satisfy this inquiry). There is also a significant issue under the opinion defense, which provides broad constitutional protection for statements of opinion (with a focus on whether an algorithm itself is capable of having beliefs or ideas, which generally inform an opinion).
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How Libel Law Applies to Automated Journalism
Jonathan Peters
Article
U.S. Freedom of Information Act and Democratic Accountability
Michael Schudson
In the 1950s and 1960s, the U.S. Congress, with allies in the news media, created legislation that came to be known as the Freedom of Information Act (FOIA). It was designed to help hold the federal executive accountable to the public. It became law in 1966. Its significance can be understood in several contexts: (1) in connection with a special relationship of journalists to the operation of the FOIA; (2) in terms of arguments that transparency in government is necessary for citizens’ informed participation in democracy and that, on the other side, there are strong democratic arguments that transparency should be limited in the pursuit of other legitimate values, some of them recognized in the language of the FOIA itself that government agencies may deny a citizen's request for information on the grounds that honoring the request could endanger national security, personal privacy, the integrity of internal government deliberations, or other significant objectives; and (3) that freedom of information law are one institution within a wider web of institutions and practices dedicated to holding government accountable. In this regard, the U.S. Freedom of Information Act can also be seen in a broad context of a cultural shift toward “openness” and a political shift toward what has been called a “monitory” model of democracy.
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Gatekeeping and Journalism
Pamela J. Shoemaker
One of the oldest social science theories applied to the study of communication, the gatekeeping approach emphasizes the movement of bits of information through channels, with an emphasis on decision points (gates) and decision-makers (gatekeepers). Forces on both sides of a gate can either help or hinder the information’s passage through a channel. The gatekeeping process shapes and produces various images of reality, not only because some bits of information are selected and others rejected, but because communication agents put information together in different ways. In addition, the timing and repetition of information can affect the prominence of events or topics and can influence the probability of future information diffusion.
Gatekeeping was originally modeled as a series of linear processes within the mass media, but in the late 20th century the flow of information through the mass and social media began to interact. Information is now understood to flow among journalists, among social media users, and among agents of both types of media. All such communication agents are gatekeepers. In addition, we can study these networked interconnections as one level of analysis, with the supra-gatekeepers (such as Facebook or Twitter) adding their own gatekeeping processes over and beyond those of their own clients of the mass media.
In addition to looking at various pairwise relationships between gatekeepers, gatekeeping theory should go beyond to instead consider the entire web of gatekeepers as a whole or system. A system is composed of elements (gatekeepers), interactions (relationships among them), and a goal or function. Multiple functions have been proposed by 20th-century scholars (such as socialization, entertainment, or surveillance) for the mass media, but scholars should now consider the function(s) of the gatekeeping system (mass and social media, as well as supra-gatekeepers) as a whole. Although each type of medium can be analyzed as its own system, such analysis would not facilitate new thinking about the various ways in which these partial systems affect one another and how the whole system functions beyond the simple addition of its parts.
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Financial Journalism
Jeffrey Timmermans
On a fundamental level, financial journalism provides information to individuals that helps them make informed economic choices, and understand how those choices impact their financial situation within the context of the broader political economy. The need for reliable information about prevailing business conditions has been recognized since the dawn of commerce, and since then financial journalism and commerce have developed together in a mostly symbiotic, albeit occasionally combative, relationship for hundreds of years. In its earliest iterations, in the 16th century, financial journalism consisted of little more than the publication of prices of commodities or other goods for sale. As trade and commerce expanded over the following centuries, so did the role and content of financial journalism. The globalization of commerce and increasing integration of the world economy since the late 20th century has increased the importance of financial journalism, while the spread of mass-market investment opportunities and defined-benefit retirement accounts in many countries has expanded the pool of individuals exposed to moves in financial markets, helping to make financial publications among the world’s most-read newspapers and websites. The focus of financial journalism is quite consistent no matter what country or language it is published in: broadly defined, financial journalism encompasses news about financial markets, macroeconomic data and trends, government economic policy, corporate news (especially earnings announcements), personal finance, and commentary about all of the above. However, the often mutualistic relationship between financial journalism and the organizations it covers has led to conflicts of interest, and to a debate over the proper role of a financial press: whether it is to merely disseminate data and information from those organizations, or to serve as a watchdog over them. For example, the bubble in internet-related shares in the 1990s was blamed partly on “boosterism” by the financial media, while many investors also blamed the financial press for failing to sound the alarm ahead of the Global Financial Crisis later in the following decade.
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Content Management Systems and Journalism
Juliette De Maeyer
A content management system (CMS) is a computer program used by news organizations or individuals to create, edit, organize, and publish journalistic content. The origins of modern-day CMSs date back to the process of newsroom computerization that started in the 1960s and to technological developments in web publishing in the 1990s. The latter have led to the creation of software that allows nontechnical users to easily publish content on the Web (blogging software and social media platforms). Consequently, the development of CMSs can be understood as a process of remediation, that is, the operation through which “new” media incorporate “old” media in a series of refashionings: modern-day CMSs still bear some traces of previous technological systems, as exemplified by the protean existence of the slug, a term that originated in the hot-type era and has carried into today’s digital software terminology. Journalism research has generally studied CMSs as being part of the technical infrastructure of media, through a socio-material approach. In that regard, digital technology is a black box wherein lurks the many tensions inherent to contemporary newsmaking. Opportunities to study such (invisible) infrastructure therefore arise whenever it dysfunctions, and research has focused on the various problems, obstacles, and impediments brought about by CMSs in newswork. More specifically, studying the CMS draws attention to issues related to the institutionalization of journalistic workflows (that become ossified in digital technologies), newsroom technologies constituting a complex system, the evolution of professional roles and hierarchies (and consequent power relations), as well as the agency and relative autonomy of software.
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News Startups
Nikki Usher and Aske Kammer
The rise of news startups in their modern incarnation has taken place on a global scale, and needs consideration as a phenomenon. First, a brief history of news startups is provided, followed by a theoretical framing that explores how they both differ from and normalize existing aspects of professional journalism. News startups stretch the boundaries of the profession through discursive claims about iteration and innovation, but nonetheless draw on the longstanding aspirations of legacy journalists for inspiration. The types of funding models are overviewed (philanthropic/nonprofit, government-funded, venture-backed for-profit, for-profit, and ideological-advocacy) and are posited against a matrix of types of news startups (original-content creators, aggregators/curators, platforms, and business-to-business). News startups face future challenges to their survival and a discussion is needed on their fragility in the context of flexible and venture labor.
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Photojournalism
Loup Langton
Photography has been a practical reality for about 190 years, and, from its beginnings, journalism seemed like a natural application of the medium since most people believed that the photograph was an objective representation of reality. During the years since the first surviving photograph was produced in a camera, the evolution of photojournalism has been driven by a combination of technology, public demand, and a passion for the profession by its practitioners. In the first decades after that initial photograph, improvements in lenses, negatives, and prints made photographic reportage of the Crimean War (1853–1856) and the American Civil War (1861–1865) possible. The British and American populaces created immense markets for war images, and entrepreneurial photographers such as Roger Fenton and Mathew Brady provided them.
Technological advances in cameras, lenses, film, lighting, photographic reproduction methods, and an ability to transmit photographs worldwide continued to advance the boundaries of photojournalism throughout the 19th and 20th centuries. The topics of that work were mostly motivated by public demand. Wars, politics, photographs of “exotic” cultures from around the world, sports, everyday features, and celebrity portraits provided popular themes and continue to do so into the present, but photojournalists have also pursued subjects that they deemed important to humankind though not necessarily popular. Many have produced social, political, environmental, and cultural documentaries that challenge the status quo. Some have challenged this work as being outside the bounds of “objectivity,” but the usefulness of this argument has been rejected by many in the profession. Legendary photojournalist W. Eugene Smith, for example, stated succinctly, “there is nothing objective about journalism.”
The final decade of the 20th century brought the evolution of the digital camera. Today’s photojournalism is almost exclusively a digital endeavor. The transformation of photography from analog to digital has revolutionized photojournalism in terms of workflow, mobility, transmission of images, ethics, image availability, and the question of “who is a photojournalist?” Finally, the gradual mutation of the term “photojournalism” to “visual journalism” denotes a transformation of the medium itself from the still image to a combination of still and moving images or perhaps exclusively moving images in the future. This, in turn, may fundamentally change the ways in which photojournalistic stories are told and experienced.
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Citizen Journalism
Serena Miller
The emergence of citizen journalism has prompted the journalism field and scholars to readdress what constitutes journalism and who is a journalist. Citizen journalists have disrupted news-media ecosystems by challenging the veracity and representativeness of information flowing from mainstream news-media newsrooms. However, the controversy related to the desired level of citizen involvement in the news process is a historical debate that began before the citizen-journalism phenomenon. As early as the 1920s, journalist and political commentator Walter Lippman and American philosopher John Dewey debated the role of journalism in democracy, including the extent that the public should participate in the news-gathering and production processes.
This questioning of citizen involvement in news reemerged as an issue with the citizen journalism phenomenon around the late 1990s. People with no news-media organizational ties have taken advantage of the convenience and low cost of social computing technologies by publishing their own stories and content. These people are referred to as citizen journalists. Scholars have assessed the quality and credibility of citizen-journalism content, finding that citizen journalists have performed well on several standards of traditional news-content quality. Levels of quality differ dependent upon citizen journalists’ goals and motivations, such as serving the public interest, increasing self-status, or expressing their creative selves.
As it is an emerging area of study, unarticulated theoretical boundaries of citizen journalism exist. Citizen-journalism publications emphasize community over conflict, advocacy over objectivity, and interpretation over fact-based reporting. In general, citizen journalists have historically acted when existing news-media journalists were not fully meeting their community’s informational needs. Scholars, however, vary in how they label citizen journalists and how they conceptually and empirically define citizen journalism. For example, researchers have shifted their definitional focus on citizen journalists from one of active agents of democratic change to people who create a piece of news content. The mapping of the citizen-journalism literature revealed four types of citizen journalists based on their levels of editorial control and contribution type: (1) participatory, (2) para, (3) news-media watchdog, and (4) community. Taken together, these concepts describe the breadth of citizen-journalist types. For those of us interested in journalism studies, a more targeted approach in the field of citizen journalism can help us build community around scholarship, understand citizen journalists’ contributions to society and practice, and create a more a stable foundation of knowledge concerning people who create and comment on news content.
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Humanitarian Journalism
Mel Bunce, Martin Scott, and Kate Wright
Humanitarian journalism can be defined, very broadly, as the production of factual accounts about crises and issues that affect human welfare. This can be broken down into two broad approaches: “traditional” reporting about humanitarian crises and issues, and advocacy journalism that aims to improve humanitarian outcomes. In practice, there is overlap between the two approaches. Mainstream journalists have long helped to raise awareness and funds for humanitarian crises, as well as provide early emergency warnings and monitor the treatment of citizens. Meanwhile, aid agencies and humanitarian campaigners frequently subsidize or directly provide journalistic content.
There is a large research literature on humanitarian journalism. The most common focus of this research is the content of international reporting about humanitarian crises. These studies show that a small number of “high-profile” crises take up the vast majority of news coverage, leaving others marginalized and hidden. The quantity of coverage is not strongly correlated to the severity of a crisis or the number of people affected but, rather, its geopolitical significance and cultural proximity to the audience. Humanitarian journalism also tends to highlight international rescue efforts, fails to provide context about the causes of a crisis, and operates to erase the agency of local response teams and victims. Communication theorists have argued that this reporting prevents an empathetic and equal encounter between the audience and those affected by distant suffering. However, there are few empirical studies of the mechanisms through which news content influences audiences or policymakers. There are also very few production studies of the news organizations and journalists who produce humanitarian journalism. The research that does exist focuses heavily on news organizations based in the Global North/West.
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News Agencies from Telegraph Bureaus to Cyberfactories
Terhi Rantanen
News agencies (press association, wire service) over the years have operated in almost every country in the world. Many of them are now facing significant transformations, and some of these long-standing institutions may soon cease to operate. Much of the academic research is considered outdated or has focused on the largest Western agencies, with very little research done on agencies outside the West. News agencies have also been studied either without a theoretical lens, or with a theoretical lens that does not necessarily help us to understand the essentially transnational character of news agencies, many of which operate both nationally and internationally.
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