Compliance in Media Organisations

Legal compliance of the media has been a hot topic in recent months. The phone-hacking scandal is a prime example of unethical behaviour by a few within a media organisation leading to its demise; the reputational damage was so great that it caused the closing of the News of the World. With the Leveson Inquiry attracting keen public interest, it is likely that the focus on media ethics will continue for some time.

The culture of some media organisations means that compliance is not top of mind for journalists, and therefore that the risk of non-compliance is significant. In much the same way that other organisations have reviewed their policies in the wake of the UK Bribery Act and the Foreign Corrupt Practices Act, it is now time for media organisations to review their compliance and ethics policies, and take steps to create a stronger compliance culture.

Media organisations need an airtight anti-bribery policy that is prescriptive about what is appropriate in relationships with government officials, which includes police and MPs. The Filkin report warns against close relationships between government officials and the media and the offering of hospitality that can create conflicts of interest and the sense of obligation that is characteristic of a bribe. It paints a picture of journalists preying on police officers for information, so it's important for them to understand how their actions may be interpreted as unethical behaviour.

Similarly, the acceptance of hospitality may create a sense of obligation on the part of journalists, affecting their ability to write objective stories or give goods and services impartial reviews. In the media, the giving and receiving of hospitality is often an everyday part of the way people work, and this raises issues that require careful consideration. It can be very difficult to distinguish between an appropriate gift or business hospitality and an offer that is intended to exert influence, so a gifts and entertainment approval process may be helpful in some situations.

It is important not only that those working in the media know what the law expects of them, but also that they are given practical guidelines that will allow them to make the right decisions when faced with dilemmas. Media organisations need to create a more open atmosphere, in which employees feel able to discuss ethical issues and share concerns, so that their non-compliance is not the next big scandal to make the headlines.