A paper presented to the department of Mass Communication, Bayero University Kano, for continuous assessment

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Bayero University, Kano
Faculty of Communication
Department of Mass Communication
Programme: M.Sc Mass Communication
Course: Media Ethics (MAC8305)
Seminar Topic:
Ethical Issues of Investigative Reporting
By:
Gambo, Tanimu Ibrahim SPS/18/MMC/00031
Fatima Muritala SPS/18/MMC/00014
Course Facilitator: Hadiza J. Ibrahim, PhD
October, 2019.

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Abstract
The paper discusses ethical issues in investigative journalism starting with definitions and
explanations of what investigative journalism is, defines ethics as well as gives the components
of ethics and then highlights the code of ethics for Nigerian journalists as put together by the
Nigerian Press Council. It also discusses in detail the various ethical orientations, theories and
principles which explain why reporters approach and treat a story differently and goes further to
bring to the fore some of the pressing ethical issues that investigative reporters have to deal with
in the course of discharging their responsibilities. The paper concludes that ethical issues in
investigative journalism are complex. The complexity comes from the fact that all journalists do
not subscribe to the same ethical principle or theory; whereas others believe the end should
justify the means, others believe that morality should be the guiding principle in investigative
reporting.
Keywords: investigative, journalism, journalists, ethics, theories, principles

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Investigative Reporting Defined
It is indeed a very difficult task to offer a precise definition of the term investigative journalism
or reporting, because for the practicing journalists, all works of journalism have to do with
investigation of some sort. It is for this reason that Kaplan points out that “investigative
journalism is a set of methodologies that are a craft, and it can take years to master”.
To Ettema and Glasser, investigative reporting is journalism at its most politically vigorous and
methodologically rigorous. These definitions are not as detailed. De Burgh gives a definition that
offers a much detailed explanation of what investigative reporting is. He explains that “an
investigative journalist is a man or woman whose profession is to discover the truth and identify
lapses from it in whatever media that may be available”, adding that “it is distinct from
apparently similar work by police, lawyers, auditors and regulatory bodies in that it is not limited
to target, not legally founded and usually earns money for media publishers“.
Protess et al. (1991) defines investigative reporting as “the journalism of outrage”. “More than a
news-gathering process, the journalism of outrage is a form of storytelling that probes the
boundaries of (a nation’s) civic conscience.” However views on investigative reporting is not as
straightforward as it seems; rather they are somewhat polarized: a) all journalism is investigative
and, therefore, there is no such genre as investigative journalism per se, and b) that investigative
journalism is a distinct genre that involves more detailed, more thorough, more long-term
digging than routine, daily journalism.
One of the definitions investigative reporting that catches attention is that given by the United
Nations Education Scientific and Cultural Organisation (UNESCO). UNESCO defies

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investigative journalism as journalism which “involves exposing to the public matters that are
concealed –either deliberately by someone in a position of power, or accidentally, behind a
chaotic mass of facts and circumstances that obscure understanding. It requires using both secret
and open sources and documents”. This definition is in agreement with the one of America’s
Investigative Reporters and Editors (IRE), which sees investigative reporting as “reporting
through one’s own work product and initiative, matters of importance which some persons or
organisations wish to keep secret”. . According to this definition the three basic elements of
investigative reporting are: that the investigation be the work of the reporter, not a report of an
investigation made by someone else; that the subject of the story involves something of
reasonable importance to the reader or viewer; and that others are attempting to hide these
matters from the public.
Aucion,(2007) gives an anatomic definition of investigative journalism, pointing out that:
“Investigative journalism has five distinct components:
i. Exposure of information
ii. About an important public issue
iii. That someone or some organisation does not want reported
iv. That is revealed through original, time-consuming “digging” of the reporter
v. For the purpose of inspiring reform.
According to Kaplan (2017), who has gathered 35 years’ experience in investigative journalism,
as an editor who held senior positions at the Centre for Investigative Reporting, Centre for Public
Integrity, US News and Investigative Unit among others defines investigative reporting as “the
in-depth systematic use of original research and reporting, it often uses large amount of data and
documents, it uses public records, to find out what is going on. It also involves frequently the

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baring of secrets, it makes information that before had been hidden into the public domain.
Finally it has strong emphasis on social justice and accountability”.
At the same time it should be added that views on investigative reporting is somewhat polarized.
The answer to why investigative reporting is needed is manifold. Some of the tools that could be
used for investigative reporting are archives, whistle-blowers, anonymous sources, and
undercover operations (Sting). Investigative reporting is a public service and it is a powerful
catalyst for change and so it should be based on ethical principles. Some of the ethical principles
on which an investigative reporter might base his/her work are: Aristotle’s Golden Mean; Kant’s
Categorical Imperative; Mill’s Principle of Utility; and Judeo-Christian Principle. For, he/she
would have to face ethical dilemmas connected to sources, sting (hidden camera and bribery),
fake stings, objectivity, privacy, and trial by media.
What Are Ethics?
Ethics originated from the Greek word ‘ethos’, meaning character, or what a good person is or
does in order to have a good character. It deals with choosing among the good or bad options that
an individual faces. According to Day (1991), ethics is a branch of philosophy that deals with the
moral component of human life. It is the study of rights and who is or should be benefited or
harmed by an action.
Baran (2004) defines ethics as “the study of people’s rights and duties, the moral rules that
people apply in making decisions, and the nature of the relationships among people”. Another
definition says ethics are rules of conduct or principles of morality that point us toward the right
or best way to act in a situation. (Dominick, 1996:434).

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Odunewu (2000) says “Ethics as the study of standards of conduct and moral judgment….the
system or code of morals of a particular profession, of a group, of religion, etc.”
Deduced from the above definitions and explanations is the fact that ethics reflects a society’s or
a professional group’s notions about rightness or wrongness of an act and the distinction between
virtue and vice. It involves the evaluation and application of those moral values that a society or
professional group has accepted as its norms.
The key ideas or concepts that make for good understanding of the term ethics are: values, rights,
duties, rules or standards, relationships, and morality. Values, or more precisely ethical values
are relatively permanent desires that seem to be esteemed or regarded highly or good in and of
themselves, like objectivity or fairness. According to Kayode (2011), there are four influential
sources of values. These, he points out are: parents, peer groups, role models, and societal
institutions. All of these contribute to the moral development of the individual through the
process of socialization.
Rights are claims that entitle an individual the latitude to take certain actions subject to his
relationship with others. They are spheres of autonomy or freedom upon which the individual
can act, though limited by such rights of other people, like freedom of expression.
Duties are obligations to take specific actions, like news gathering, reporting and interpreting.
Rules and standards are guidelines upon which an individual acts and which provide resolutions
in the face of ethical dilemmas like seeking and reporting the truth. Relationships are
connections of one individual to another in a web of mutuality. Morality on the other hand is the
way and manner in which an individual behaves in line with socially approved customs or
practices.

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Code of Ethics for Nigerian Journalists
The Nigerian Press Council highlights the important role journalism plays in the society in the
preamble to the code in the following words: “Journalism entails a high degree of public trust.
To earn and maintain this trust, it is morally imperative for every journalist and every news
medium to observe the highest professional and ethical standards. In the exercise of these duties,
a journalist should always have a healthy regard for the public interest.”
The 15-item document adds that “Truth is the cornerstone of journalism and every journalist
should strive diligently to ascertain the truth of every event.” Therefore, aware of the
responsibilities and duties of journalists as purveyors of information, the NPC document points
“Nigerian journalists, give to ourselves this Code of Ethics.” And charges every journalist to
consider it a “duty of every journalist to observe its provisions.”
L. Editorial independence
Decisions concerning the content of news should be the responsibility of a professional
journalist.
2. Accuracy and fairness
i. The public has a right to know. Factual, accurate balance and fair reporting is the ultimate
objective of good journalism and the basis of earning public trust and confidence.
ii. A journalist should refrain from publishing inaccurate and misleading information. Where
such information has been inadvertently

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published, prompt correction should be made. A journalist must hold the right of reply as a
cardinal rule of practice.
iii. In the course of his duties a journalist should strive to separate facts from conjecture and
comment.
3. Privacy
As a general rule, a journalist should respect the privacy of individuals and their families unless
it affects public interest.
A. Information on the private life of an individual or his family should only be published if it
impinges on public interest.
B. Publishing of such information about an individual as mentioned above should be deemed
justifiable only if it is directed at:
i. Exposing crime or serious misdemeanor;
ii. Exposing anti-social conduct;
iii. Protecting public health, morality and safety;
iv. Preventing the public from being misled by some statement or action of the individual
concerned.
4. Privilege / non-disclosure

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i. A journalist should observe the universally accepted principle of confidentiality and should not
disclose the source of information obtained in confidence.
ii. A journalist should not breach an agreement with a source of information obtained as “off-
the-record” or as “back ground information.
5. Decency
i. A journalist should dress and comport himself in a manner that conforms to public taste.
ii. A journalist should refrain from using offensive, abusive or vulgar language.
iii. A journalist should not present lurid details, either in words or picture, of violence, sexual
acts, abhorrent or horrid scenes.
iv. In case involving personal grief or shock, enquiries should be carried out and approaches
made with sympathy and discretion.
v. Unless it is in the furtherance of the public’s right to know, a journalist should generally avoid
identifying relatives or friends of persons convicted or accused of crime.
6. Discrimination
A journalist should refrain from making pejorative reference to a person’s ethnic group, religion,
sex or to any physical or mental illness or handicap.
7. Reward and gratification

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i. A journalist should neither solicit nor accept bribe, gratification or patronage to suppress or
publish information.
ii. To demand payment for the publication of news is inimical to the notion of news as a fair,
accurate, unbiased and factual report of an event.
8. Violence
A journalist should not present or report acts of violence, armed robberies, terrorist activities or
vulgar display of wealth in a manner that glorifies such acts in the eyes of the public.
9. Children and minors
A journalist should not identify, either by name or picture, or interview children under the age of
16 who are involved in cases concerning sexual offences, crimes and rituals or witchcraft either
as victims, witnesses or defendants.
10. Access to information
A journalist should strive to employ open and honest means in the gathering of information.
Exceptional methods may be employed only when the public interest is at stake.
11. Public interest
A journalist should strive to enhance national unity and public good.
12. Social responsibility

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A journalist should promote universal principles of human rights, democracy, justice, equity,
peace and international understanding.
13. Plagiarism
A journalist should not copy, wholesale or in part, other people’s work without attribution and/or
consent.
14. Copyright
i. Where a journalist reproduces a work, be it in print, broadcast, art work or design, proper
acknowledgement should be accorded the author.
ii. A journalist should abide by all rules of copyright, established by national and international
laws and conventions.
15. Press freedom and responsibility
A journalist should strive at all-times to enhance press freedom and responsibility.
Ethical Theories and Principles
Ethical theories or principles can be seen as ethical roads or maps of morality that point the
individual toward the right or best way to act in a particular situation.
Okunna (1995:9) defines an ethical theory as a principle put forward to explain, describe,
prescribe or predict human ethical behaviour. Over the years, philosophers have developed

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several general ethical principles that serve as guidelines for taking ethical decisions or for
evaluating one’s behaviour.
According to Merrill (1997:52), there are many such theories or principles and all presumably
lead to the same destination – ethical journalism. And journalists can be ethical when they take
decisions or act based on any of the ethical theories.
The reason there are many ethical theories is because there is no consensus among philosophers
on the precise criteria for taking ethical decisions and there are several perspectives from which
to determine morality. However, each of the theories is a complete philosophical system from
which an answer has been provided for the question: ‘what is the right thing to do?’ It is quite
obvious that it would be difficult to provide a perfect answer to such a question; hence the
diversities of perspectives and theories.
In making a case for the need for journalistic ethics, Merrill (1997:1-26) identifies two types of
journalists: the libertarian journalist and the communitarian, and explains the duality of
perspectives based on the desires of each one to practice responsible journalism.
The perspectives of libertarians and communitarians, both, give some indications as to how
journalists behaving on the basis of individual differences would likely adopt certain specific
ethical principles. For instance, the libertarian journalist is likely to be inner-directed opting for
principles that emphasize personal ethics whereas the communitarian is likely to be other-
directed, opting for civic transformation and professional codes. However, this duality in itself
may not prove very helpful concerning actual normative ethical standards that might be used by
the journalist.
To this end, Merrill (1997:55-74) propounds a binary way of looking at broad ethical theories –
pragmatic ethics and humanistic ethics.

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There have been diverse ways of categorizing theories of ethics and there is a measure of
controversy about how many dominant theoretical approaches there are, but Merrill’s typology
has been based on the premise that all these theories can be placed under two main categories –
pragmatic and humanistic.
Pragmatic Ethics
This category of journalistic ethics considers the focus of all journalistic endeavors as the
investigation and reporting of the truth so that people are given forthright and full-disclosure of
the day’s event as much as possible. The premise is that the job of the journalist is to provide as
truthful an account as possible and that the end may justify the means; thus, it may be that
unconventional ethical means could be used.
Merrill (1997:58-60) considers this a Machiavellian but pragmatic morality in which the end
justifies the means. This is also a teleological perspective in which consideration of
consequences and professionalism is deemed paramount.
For instance, a reporter who deceives a difficult source to unearth a story may be considered to
have done the right thing or at least, the professionally expedient thing.
Humanistic Ethics
Merrill (1997:62-63) explains that this category of ethics is focused on either self-improvement
of the journalist or on a concern for others, especially, sources and audiences. It can be divided
into three main sub-categories: deontological, or “duty to principle” ethics; teleological, or
“consequence ethics”; and personalist, or “non-rational, subjective ethics”.
Deontological Ethics

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Deontologists (derived from the Greek Deon or duty) are sometimes referred to as ‘non-
consequentialists’ because they emphasize acting on principle or according to certain universal
morality without much regard to the consequences of their actions.
They follow maxims that have been acquired from religion, reason, universal norms, moral
mentors or employers. Their main focus is that the ends do not justify the means rather there are
absolute principles that must be adhered to. There is an emphasis on the intent or motive rather
than the ends. The most famous deontologist is the philosopher Immanuel Kant (1724-1804).
A deontologist journalist would not subscribe to using deception in ferreting out a story because
to him, the end does not justify the means. In the same vein, he will be obliged to tell it as it is
even if some people are hurt because he is committed to telling the truth.
Teleological Ethics
The teleological theory postulates that it is the consequence of an action that ought to determine
the morality. Thus, it is called consequence-based theories in that the ethically correct decision or
action is the one that produces the best consequence.
Teleologists, unlike deontologists, do not ask whether a particular practice is right or wrong
based on certain specific principles they hold to, but whether it will lead to good results. Thus the
journalist who is a teleologist would want to take the action that would result in good
consequences to the person deemed most important in a particular situation.
There are variations of teleology. At one extreme are the egoists, who believe that the journalist
should seek to maximize good consequence for himself; at the other extreme are the utilitarian
who believe that one should promote that which is good to the greatest number of people. The
person best known for this version of this theory is the nineteenth-century British philosopher
John Stuart Mill.

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When journalists appeal to the public interest in justifying their actions they are acting as
utilitarian. In the same vein when a journalist acts in such way as to minimize hurt to a third
party such as a source or audience it is also utilitarian.
Personalist Ethics
The personalist justifies actions on the basis of some kind of feeling or insight that are intuitive,
spiritual or emotive. For the most part, personalists are non-rational; they would rely on
conscience or other such transcendental parameters. Journalists who follow this path may rely
on their religious convictions in making ethical decisions.
This school of ethics is best exemplified through philosophers such as C.S. Lewis or Danish
philosopher, Soren Kierkegaard.
Another aspect of ethical principles are the virtue theories best articulated by Aristotle’s golden
mean which says that the proper way of behaving lies between doing too much and doing too
little. In other words, moderation is the key to morality. Virtue theories are directed at the
building of moral character and the premise that virtuous conduct involves learning to avoid the
extreme in any given situation.
Examples of golden mean are often found in the media, when news organizations cover riots and
disasters and try to exercise moderation or restraint in the report so as not to inflame public
sensibilities.

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Ethical Issues in Investigative Reporting
Investigative reporting is a specialized type of reporting. Ethical questions come in during the
very process of investigating someone or some organization. We saw above some of the very
important ethical principles to be followed. While the principles are clear, it is a rather difficult
task for the reporters to keep themselves within the ethical boundaries. A reporter’s zeal to get
the work done and get to the truth and the thought of subsequent rewards that are waiting might
tempt him/her to go overboard. Today’s mushrooming media and the consequent cut throat
competition among newspapers and television channels have made the reporter’s task all the
more challenging and difficult from the ethical perspective. We look at the ethical problems
concerning some of the areas connected to investigative reporting.
Sources
One of the main ethical issues concerning news in general and investigative reporting in
particular is that of sources. Well-informed sources are a reporter’s bread and butter. Journalists
rely on them for their livelihood. Also sources are very important from the point of view of the
journalistic profession itself. For an investigative reporter it is almost impossible to work without
interaction with powerful sources. The press has traditionally argued that it needs confidential
sources to ensure that the public is fully informed. The ethical question comes in when the
demand to reveal/identify the source in critical investigations connected to persons in power, the
security of the state and so forth, is placed.
A study conducted in Ghana by Opoku (2018) on the challenges of investigative journalism
reveals the respondents (who are practicing journalists) as saying that under no circumstance will

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they reveal the identities of their sources. Their views further conform to the views of a number
of scholars. If a journalist exposes the identity of confidential sources of information “it is
reasonable to expect that in the future, informants who for one reason or another need to remain
in secret will be reluctant to come forward to divulge what they know’’ (Jacquette, 2007).
Davies (2008) shares similar view and says whistle-blowers often “reveal something that is vital
to the public interest: the sort of thing that politicians conceal. They have the right to be
protected.’’ Coulter (2005) outlines extensive reasons for protecting the identities of news
sources: “The fundamental ethical principle of journalism is that we have a moral imperative to
give a guarantee of anonymity to genuine confidential sources providing bonafide information.
There can be no transparency in the trust that our sources must have in us as professional
journalists. If we sacrifice that trust, we betray our credibility as reporters of the truth’’ (Coulter,
2005).
There are guidelines and conventions to be followed with regard to the sources. It is typically
assumed that all information must be verified by two or three sources before it can be printed.
Most codes of ethics and company policies insist on attribution and specific identification
whenever possible. A few news operations allow reporters to keep sources totally anonymous.
Sting
Today the hottest issue which is being debated among the media circles and concerned civil
rights groups is the ethics of ‘sting’ journalism. In sting operation/under cover reporting
journalists directly observe (often in disguise) the problems they seek to disclose. Also known as
subterfuge, sting is not new - it is common in investigative journalism. Davies (2008) terms
phone and computer hacking and concealed recordings as the “dark arts’’ of journalism, while

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Sadle (2011) agrees that subterfuge remains the most controversial method investigative
journalists use in gathering information. Therefore, while subterfuge could be considered as a
breach of code of ethics, a journalist posing as someone else or using other kinds of subterfuge is
not breaching the code, if the investigation is justified by a sufficient public interest. Sting is
perhaps the least commonly used, but most controversial form of sleuthing. A section of the
media believes sting operation as the only legitimate means to reveal truth.
Keeble questions the ethics of the manner in which hidden cameras are employed:
Criticism of the use of hidden cameras has rightly focused on the over-use of surveillance
footage as a lazy way of implying the reporter is unearthing something of great significance
simply because they’ve got such footage.
Objectivity
Objectivity is one of the dominant professional norms in journalism. In a qualitative study of
professional journalists’ perceptions concerning ethics, Mills (1983) found that most respondents
equated ethics with objective reporting. Its importance is all the more in investigative reporting
since investigative reporting is basically aimed at bringing out the misdeeds of an individual, an
organization or a government holding persons in authority responsible in the public eye. Since
exposés might tarnish, to some extent at least, the image of the persons allegedly involved,
investigative reporters are bound by all means to maintain objectivity in their reporting. An ethic
of objectivity can guarantee credibility to an investigative report.
In this context it may be mentioned here that not all the so-called investigative exposés are
objective. Some of the exposés said to have a hostile intent (vested business, economic or

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political interests) which seek to tarnish the image and reputation of a rival. In all newspapers —
small and big — journalists’ “connectivity” can compromise objectivity. Journalists
“connectivity” includes their personal relationships, social activities, and off-duty interactions
that connect them to the communities in which they work (Reader, 2006: 861). Journalists’
conflict of interest would be another factor causing compromising of objectivity. At some big
newspapers the main conflict of interest is shown in journalists wanting to freelance — the desire
of reporters to “double dip” - make additional money from work they are paid to do for their
newspapers.
Privacy
An important issue in the ethics of investigative reporting is that of privacy. And this is
especially with regard to undercover ‘sting’ operations, which some claim unnecessarily invade
people’s privacy. The right to protect one’s privacy has long been cherished by all. Privacy is a
fundamental right — “the essential bulwark against the state or social groups acquiring power
(especially economic or governmental) over us to our disadvantage.”
Tarun J Tejpal, father of Indian post-modern sting journalism and editor-in-chief of Tehelka is of
the opinion that sting operations sometimes was reduce to level of voyeurism which largely
undermines the credibility of investigative reporting. “We can chase someone whose conduct
impacts on public sphere or any deed in which public money or power are misused. Otherwise,
no point in peeping into one’s bedroom,” Tejpal said.
According to him, the general trend in the media was that it would hunt the rabbits and sleep
with the wolves. He reminded, “The value of an investigative report is determined by the size of

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the opponent.” A controversial question that remains unanswered is, between the public office
and political office holders’ right to privacy and people’s right to know which supersedes which?
Trial by Media
There have been many cases (especially involving celebrities or top government functionaries)
where media conducted trials and almost handed the guilty verdict before the courts could do.
For example, the case in which former minister of finance in the Muhammadu Buhari’s first
tenure Kemi Odeosun was discovered to have forged her NYSC exemption certificate. In fact,
the incessant trial by national dailies and online media platforms such as Premium Times, Sahara
Reporters etc., nearly soiled the government’s image, forcing her to take the path of honour by
way of resignation. There was also the “Grasscutting scandal” in which the Secretary to the
Government of the Federation Mr. Babachir David Lawal was accused of diverting the sum of
N544m meant for removal of evasive grass in internally displaced persons’ (IDPs) camps across
the Northeastern states and as well as awarding the said contract to his firm. In the U.S. we have
cases involving famous baseball player O. J. Simpson, pop singer Michael Jackson and so forth.
In some other cases court decisions were in accordance with the public attitude that arose from
frenzied repetition of stereotypes in “investigative” stories. In other words, mass media were the
first ones to convict without evidence, and then the courts did the same thing.
Conclusion
Ethical issues in investigative journalism can be sticky, even in routine cases. This is because
there is no magical formula or procedure that allows journalists to meet every ethical
requirement, to practice completely responsible journalism every time, to avoid hurting anyone’s
feelings, or even to avoid legal problems. This is because apart from the uniform training

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journalists receive in school, there are quite a lot other factors that come into play when they go
to the field to practice. These factors such as parenting, peer influence, cultural norms, religion
among others, help shape the thinking of individual reporters, which explains the reason why two
reporters hardly approach and treat the same story in the same way. Added to this is the fact that
we live in a complex, fast-paced, and ever-changing world, and no one, including the most top-
notch journalist, is omniscient. What ethical journalism may suggest that we do for one party in a
story may conflict with what it suggests we do for a different party in the same story. An action
taken in one story may be inappropriate for another.

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