Glossary

9.2 Privacy, consent, and the responsibilities of the storyteller

4 min read•august 9, 2024

Privacy and consent are crucial in storytelling. Journalists must balance the public's right to know with individuals' privacy rights, especially for private figures. Protecting sources and maintaining confidentiality are essential, but can create ethical dilemmas when conflicting with public interest.

Storytellers have a duty of care to their subjects. This involves getting , considering potential harm, and upholding ethical boundaries. Navigating these responsibilities requires ongoing reflection and adherence to professional codes of ethics.

Protecting Privacy

Understanding the Right to Privacy

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  • Right to privacy encompasses personal information control and freedom from intrusion
  • Individuals maintain autonomy over their personal data and intimate details
  • Privacy rights extend to physical spaces (homes, private property) and digital realms (online accounts, communications)
  • Balancing public interest with individual privacy remains a key challenge for storytellers
  • Cultural and societal norms influence privacy expectations (varies across countries and communities)

Safeguarding Confidentiality and Sources

  • Confidentiality involves protecting sensitive information shared by sources or subjects
  • Source protection shields identities of individuals providing crucial information
  • Journalists employ various methods to maintain confidentiality (anonymous sources, secure communication channels)
  • Ethical dilemmas arise when confidentiality conflicts with public interest or legal obligations
  • Breaking confidentiality can lead to loss of trust, damaged reputations, and potential legal consequences
  • Public figures experience reduced privacy expectations due to their societal roles
  • Private individuals retain stronger privacy protections under most circumstances
  • Invasion of privacy occurs when personal information is obtained or disclosed without consent
  • Factors considered in privacy cases include newsworthiness, public interest, and method of information gathering
  • Storytellers must carefully weigh the balance between public right to know and individual privacy rights
  • Informed consent requires clear communication of potential risks and consequences to subjects
  • Subjects must have the capacity to understand and voluntarily agree to participate
  • Documentation of consent protects both the storyteller and the subject
  • Special considerations apply for vulnerable populations (minors, mentally impaired individuals)
  • Consent can be withdrawn at any time, requiring storytellers to respect subjects' changing decisions

Managing Off-the-Record Information

  • Off-the-record information cannot be directly attributed to the source
  • Journalists must clearly establish ground rules for off-the-record conversations
  • Challenges arise when off-the-record information becomes crucial to a story
  • Ethical use of off-the-record information involves corroborating facts through other sources
  • Breaking off-the-record agreements can damage trust and future access to sources
  • Defamation involves false statements that harm an individual's reputation
  • Libel (written defamation) and slander (spoken defamation) carry legal consequences
  • Truth serves as a defense against defamation claims in most jurisdictions
  • Public figures face a higher burden of proof in defamation cases (actual malice standard)
  • Storytellers must verify information, provide context, and present balanced accounts to mitigate legal risks

Responsibilities of the Storyteller

  • Storytellers must clearly explain the nature, purpose, and potential impacts of their work
  • Subjects should understand how their information or image will be used and distributed
  • Ongoing consent involves checking in with subjects throughout the storytelling process
  • Power dynamics between storyteller and subject require careful consideration
  • Storytellers should provide opportunities for subjects to review and provide feedback on their portrayal

Upholding the Duty of Care

  • Duty of care involves protecting subjects from foreseeable harm resulting from storytelling
  • Storytellers must consider potential physical, emotional, and social consequences for subjects
  • Risk assessment includes evaluating threats from external parties (governments, criminal organizations)
  • Trauma-informed approaches help minimize re-traumatization when covering sensitive topics
  • Duty of care extends to the storyteller's team, ensuring their safety and well-being during assignments
  • Ethical boundaries define limits of acceptable behavior and practices in storytelling
  • Storytellers must balance truth-telling with minimizing harm to subjects and society
  • Ethical dilemmas often arise when public interest conflicts with individual privacy or safety
  • Professional codes of ethics (Society of Professional Journalists, National Press Photographers Association) provide guidance
  • Regular reflection and peer discussions help storytellers navigate complex ethical scenarios

Maintaining Confidentiality Throughout the Process

  • Confidentiality protects sources, subjects, and sensitive information from unauthorized disclosure
  • Secure data management practices safeguard notes, recordings, and other materials
  • Anonymization techniques protect identities when necessary (pseudonyms, blurring faces)
  • Storytellers must resist pressure from authorities or other parties to reveal confidential information
  • Clear communication with subjects about the limits of confidentiality (legal obligations, public safety concerns) builds trust

Key Terms to Review (18)

Anonymity: Anonymity refers to the state of being unknown or unacknowledged, allowing individuals to act without revealing their identity. This concept is significant in various contexts, particularly when discussing privacy, consent, and the ethical responsibilities of storytellers. It raises essential questions about how personal stories are shared and whether individuals should maintain their anonymity when their experiences are represented in narratives.
Audience agency: Audience agency refers to the capacity and ability of audiences to actively engage with, interpret, and influence stories or narratives. This concept emphasizes that audiences are not passive recipients of content; instead, they have the power to shape their experiences and responses based on their individual perspectives and contexts.
Authenticity: Authenticity refers to the quality of being genuine, credible, and true to the subject matter and experiences being conveyed. It is crucial for building trust with audiences and creating impactful narratives that resonate on a personal level.
Best Practices: Best practices are established methods and techniques that have consistently shown superior results and are recognized as the most effective way to achieve a desired outcome. These practices emphasize ethical considerations, particularly in the context of privacy and consent, ensuring that storytellers uphold their responsibilities while engaging with their subjects and audiences.
Community ownership: Community ownership refers to the shared control and stewardship of resources, stories, or projects by a group of people who are connected through shared interests, values, or geographic location. This concept emphasizes that the rights and responsibilities surrounding these resources belong collectively to the community rather than to an individual or outside entity. In storytelling, it raises important questions about who gets to tell a story, how it is told, and the ethical implications involved in sharing narratives that reflect collective experiences and histories.
Copyright: Copyright is a legal protection granted to creators of original works, such as literature, music, and art, which gives them exclusive rights to use and distribute their creations. This concept is essential in ensuring that storytellers can protect their intellectual property and benefit from their creative efforts while also considering the privacy and consent of individuals involved in their stories. Additionally, understanding copyright is crucial for navigating the complexities of rights, contracts, and negotiations within the storytelling process.
Cultural sensitivity: Cultural sensitivity refers to the awareness, understanding, and respect for the beliefs, practices, and values of different cultures. It involves recognizing the diverse backgrounds and perspectives of individuals, which is essential for effective communication and storytelling.
Data protection laws: Data protection laws are regulations designed to safeguard personal information collected, processed, and stored by organizations, ensuring individuals' privacy rights are respected. These laws establish requirements for obtaining consent, outlining how data can be used, shared, and stored, while also holding organizations accountable for mishandling data. In the context of storytelling, these laws are essential as they dictate how personal stories and data about individuals should be treated with care and respect.
Ethical review boards: Ethical review boards are committees established to ensure that research involving human subjects is conducted ethically, safeguarding the rights and welfare of participants. They evaluate research proposals to ensure compliance with ethical standards and regulations, focusing on issues such as informed consent, privacy, and risk assessment. This process is crucial in storytelling as it directly relates to the responsibilities storytellers have towards their subjects and the ethical implications of their narratives.
Ethical storytelling guidelines: Ethical storytelling guidelines refer to a set of principles that storytellers should follow to ensure that their narratives respect the dignity, privacy, and rights of individuals and communities. These guidelines emphasize the importance of consent, honesty, and sensitivity in how stories are told, particularly when dealing with vulnerable subjects. By adhering to these principles, storytellers can foster trust and promote responsible communication in their work.
Informed consent: Informed consent is the process of obtaining permission from individuals before involving them in any research or storytelling activity, ensuring they are fully aware of the potential risks, benefits, and nature of their participation. This concept emphasizes the importance of transparency and ethical considerations in research and interviews, as well as respecting the autonomy and decision-making power of individuals.
Marginalized voices: Marginalized voices refer to the perspectives and narratives of individuals or groups that are often excluded, silenced, or underrepresented in mainstream discourse. These voices may stem from various factors, including race, gender, socioeconomic status, or cultural background, highlighting the need for inclusive storytelling that honors diversity and promotes understanding. Recognizing and amplifying marginalized voices is crucial for responsible storytelling, as it addresses power dynamics and seeks to create a more equitable narrative landscape.
Opt-in consent: Opt-in consent is a process where individuals explicitly agree to allow their personal information to be collected, used, or shared by an organization or storyteller. This approach places the responsibility on the storyteller to obtain clear and informed agreement from participants before engaging them in any form of data collection or storytelling activity. It emphasizes the importance of privacy and personal autonomy, ensuring that individuals have control over their own information and the way it is used.
Participatory storytelling: Participatory storytelling is an interactive form of narrative creation where the audience actively engages in shaping the story, making decisions, and contributing to its development. This approach emphasizes collaboration between the storyteller and the participants, allowing diverse voices and perspectives to enrich the narrative. It brings forth the need for privacy, consent, and a clear understanding of responsibilities, as those involved navigate their contributions and the potential implications of their shared stories.
Revocation of consent: Revocation of consent refers to the process by which an individual withdraws their permission or agreement for their personal information or story to be shared or used by someone else. This concept is essential in discussions about privacy and ethics, emphasizing that consent must not only be given but can also be taken back at any time. Understanding revocation of consent is crucial for storytellers, as it establishes the ongoing responsibility to respect individuals' rights and boundaries regarding their narratives.
Stakeholder engagement: Stakeholder engagement is the process of involving individuals, groups, or organizations that have an interest or stake in a project, policy, or decision. This process is crucial for building trust and ensuring that the perspectives and concerns of all parties are considered, especially when it comes to sensitive issues like privacy and consent. Engaging stakeholders effectively can lead to better outcomes by fostering collaboration and addressing potential conflicts early on.
Transparency: Transparency refers to the clarity and openness with which information is shared in storytelling, allowing audiences to understand the process and decisions made by the storyteller. It emphasizes the importance of being honest about one's biases and intentions, which fosters trust between the storyteller and the audience. Transparency also involves openly sharing sources, methods, and any potential conflicts of interest, which are essential for maintaining credibility and ethical standards.
Truthfulness: Truthfulness refers to the quality of being honest, accurate, and genuine in storytelling, particularly in journalism. This concept is crucial as it ensures that the audience receives reliable and credible information, which is foundational for building trust between storytellers and their audience. Truthfulness extends beyond mere facts; it also encompasses the ethical obligations of the storyteller to represent narratives faithfully while respecting the subjects involved.
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