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The media must not presume people guilty

False accusations of sexual harassment against acting head of the Department of Health Twu Shiing-jer (涂醒哲) were swiftly handled by the judicial authorities, forcing those who accused to apologize to Twu in public, thus bringing the truth to light.

The information and so-called "discussions" offered by the news media during this affair exposed disregard for journalistic integrity. It also drew both criticism and concern from the general public.

Some members of the media were particularly enthusiastic about exaggerating the news. But even after the matter was cleared up, they did not provide the public with an explanation for their exaggerated and often false reports.

On the contrary, they made it a point to emphasized that "there is no need to suppress the reporting of complaints brought by legislators," and that "asymmetrical information increases collateral damage while investigating the truth." While this line of argumentation may appear to make sense, it is incorrect and fully is indicative of arrogance and lack of self-discipline and self-reflection.

Those concerned about the healthy development of Taiwan's news organizations should not sit idly by and watch the repeated occurrence of such chaotic reporting. In fact, when the Legislative Yuan in June exercised its right to approve the appointments of president and vice president to the Examination Yuan, there were rumors that former minister of the interior Chang Po-ya (張博雅) claimed some legislators had sold their votes.

This was recklessly reported in the media for several days. But when judicial authorities investigated the matter, Chang denied having said so, and told investigators "I don't know why the media run such reports." The news media have obviously not been able to learn from this experience and they have even allowed ideology and political opinion to transcend professional news judgement.

The media were way out of line in their treatment of the mistaken case of sexual harassment. In addition to the usual abuses such as not verifying facts, indiscriminately accepting biased reports, not taping interviews, shocking and exaggerated reporting and poor judgement, there were also several more serious violations of ethical principals. If in the aftermath of this affair these matters are not discussed in-depth, the media will depart from the basic functions of a public service institution and become a menace to society.

The first issue is the violation of the principle which states one is presumed innocent until proven guilty. Twu was presumed guilty of sexual harassment even before his involvement had been verified. The reports on page two of the United Daily News on Oct.2 could probably be dubbed the worst of all. The headlines read: "Drunken Twu Shiing-jer attacks man with this tongue," "Director's image spoiled by `unhealthy behavior'" and "His rough ways are famous in health circles."

Presuming the accused of innocence until the accused is proven guilty is perhaps one of the most important pillars supporting any society ruled by law. Even in relatively straightforward criminal cases is the suspect presumed innocent until the court has pronounced its verdict.

Even though both parties to a case will have their own stories to tell, the media should not speculate beyond the verifiable facts. Abandoning the presumption of innocence not only violated Twu's basic human rights, but, before the judicial authorities could hurry to find out the truth of the matter, it had already created a lot of confusion. The media was the main culprit responsible for this destruction of the rule of law.

The second issue is the transcendence of the media's role. Journalists observe news stories from the sidelines, but in the Twu affair, we saw anchors and reporters turning into cheerleaders for politicians, serving up biased news and straying from their role as observers.

In doing so, these people, seeing no need for evidence, took on the role of judges and came up with a verdict before the judicial process had run its course. Other journalists exaggerated their reports and made conjectures before their muddled and inferior research were finally revealed.

Because the media place no weight on the delineation of roles, TV anchors become stars, political reporters can assist politicians in their election campaigns and finance and economy reporters help the wealthy by creating a positive impression of them.

The Twu affair further highlights the mutual benefits passed between some media and politicians, both by exaggerating news and publicly conducting investigations and passing judgement outside the courts. Some people may look with admiration at the resourcefulness of journalists and the media's might. Society will, however, pay the price for the absence of proper controls on the Fourth Estate. We have already seen a portent of this in the Twu affair.

The most serious issue is the turning of the media into a tool. Media that have no love for verification and records everything it hears deteriorates into a tool for people with ulterior motives to spread their ideas and becomes a hotbed for rumors. Politicians involved in infighting, hoaxsters looking for money, artists looking to increase their fame and even China in its propaganda war against Taiwan have all used this tool to further their own goals.

The Twu affair serves to highlight the fact that imaginary accusations can also create social crisis. Many members of the media don't take a professional approach to the handling of revealing or accusatory news, and many -- either actively or passively and either for ideological or for political reasons -- allow themselves to deteriorate into becoming tools for rumor-mongering, thus seriously eroding public trust in the media.

The Twu affair has highlighted the fact that the media have strayed far from fundamental media ethics. We must not let this matter pass just because media interest has cooled down. The media, not understanding self-discipline and self-reflection, will perhaps deliberately play down the whole affair. We must take action.

Lu Shih-xiang is chief executive officer of the Foundation for the Advancement of Media Excellence and serves as a member of the Taipei Society.

Translated by Perry Svensson
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