AKEED - Saad al-Faour

A monitoring exercise conducted by the Jordanian Media Credibility Monitor (AKEED) has revealed that "apologizing for mistakes in Jordanian media" is still a limited and modest professional practice. Jordanian media outlets are sometimes forced to accept the minimum level of this practice although, in professional norms, it is a noble ethical practice that reflects a high degree of professionalism. Even large publishing houses and international media outlets are not ashamed of it. Moreover, in this age of democratic transformations, such a practice is a healthy indicator of society"s development, advancement and transparency. It also provides evidence of the media"s credibility, impartiality and integrity.

AKEED monitored 10 local media outlets: Four printed newspapers, Al Rai, Al Dustour, Al Ghad and Al Sabeel; and six news websites, Khaberni, Saraya, Amman1, Al Wakeel, Ammon and Jafra, over a period of six months between September 15, 2015 and March 15, 2016. The monitoring used advanced search on "Google" and the following search terms: "tanweeh (note/notice), i"tizar (apology) and tasweeb (correction)."

The findings showed that the number of apologies in each newspaper included in the sample was quite limited and modest. The monitoring showed that 10 newspapers (printed and online) apologized for erroneous information, omissions, and typos 11 times only. Unlike foreign media and international news agencies, the local media failed to announce any deterrent penalties or disciplinary action taken against those who made such mistakes and embarrassed media outlets in front of readers.

The monitoring showed, as per the table below, that Al Rai"s printed version topped the list of Jordanian media outlets that practiced apologizing for errors and omissions. It did that three times during the study. The outlet that apologized the least was Al Dustour newspaper; not a single apology was observed on its pages. Al Ghad newspaper ranked second, while Al Sabeel came in the place before last.

Table No. 1: Apologizing for Mistakes in Printed Press

As for electronic sites, Ammon came last as no apology was monitored during the period of the study. Meanwhile, Jafra, Khaberni, Saraya, Amman1, and Al Wakeel were equal in extending apologies to readers for professional mistakes, at an average of one apology only throughout the period of the study, as shown in Table (2) below:

Table (2): Apologizing for Mistakes on Electronic Sites

Although this monitoring is preliminary and aims only at indicating the extent to which media outlets consider apology to be a part of professional practice and whether they belong to professional and serious media, the indicators mentioned above do not necessarily suggest that the mistakes made by these outlets are all limited to this level. Some media outlets made numerous ethical and professional mistakes during the monitoring period without apologizing for them.

International experiences and practices show that news agencies, TV stations, and major newspapers around the world do not take professional mistakes lightly. They believe that an apology for a mistake is, at a minimum, a respectable ethical and professional practice, which adds to the credibility of the media. They do not shy away from apologizing for a mistake out of respect for readers, listeners, or viewers, and to maintain their professional reputation, credibility and audiences.

Events also show that some media outlets resort to deterrent penalties against all those who make professional mistakes. An example of this is the position that the international news agency, Reuters, took against the freelance photographer, Adnan Al Hajj, who had cooperated with the agency in Beirut. Al Hajj was fired after it was discovered that he had doctored some of the photos he took while covering the Israeli offensive against Beirut in August 2006. The agency later announced that it had tightened its checking and editing standards and procedures and appointed a new photographer for the position of "senior photographer in the Middle East." These actions were part of other steps that the agency"s editor-in-chief, David Schlesinger, announced after the completion of an internal investigation that led to taking disciplinary action against the photographer, Adnan Al Hajj.

A famous example of professional mistakes is the story of Jayson Blair, a reporter at The New York Times. A comprehensive review by the newspaper of Blair"s professional work revealed that he had sent dispatches and press reports from places he was not in, quoting and plagiarizing material from other media outlets and republishing it in his own name. Consequently, the newspaper apologized to readers and decided to dismiss Blair, whose career as a journalist ended once and for all.

The New York Times found itself in need of an apology once again for publishing a cartoon that was offensive to the Indian people and government due to the excessive ridicule of news about India sending a spacecraft to Mars. The newspaper"s editor, Andrew Rosenthal, wrote a direct apology in which he said: "We apologize to readers who were offended by the choice of images in this cartoon...which was in no way trying to impugn India, its government or its citizens. The cartoonist uses images and text -- often in a provocative way -- to make observations about international affairs. It tried to highlight how space exploration is no longer the exclusive domain of rich, Western countries."

On the other hand, there are plenty of examples of media errors that warrant an apology, but an apology is never made and disciplinary action is never taken. One famous example is Al Ahram newspaper altering a photo it published of leaders taking part in the Washington summit in 2010. The newspaper changed the place of former President Mohammed Hosni Mubarak and put him in front of the U.S. and Israeli presidents, King Abdullah II, and the Palestinian president. Osama Saraya, Al Ahram"s editor-in-chief, defended the alteration, saying that he wanted to reflect President Mubarak"s positive role in the Palestine question.

As for the legal framework, we find that Jordanian legislation, the Press Code of Honor, and Code of Conduct explicitly refer to professional mistakes and the accountability arising from them. Article 2 of the Jordanian Press Code of Honor says: "Journalists are aware that they shall be responsible for mistakes that violate laws and regulations (…) and that practicing the profession of journalism in a manner that violates the regulations in place shall be considered a violation of the duties of the profession and infringement of its ethics and code of conduct, which could make them legally liable." Here, we believe that this article applies to the deliberate mistake made by Adnan Al Hajj, the Lebanese photographer who worked for Reuters.

Article 6 of the Code states the following: "Journalists shall be committed to respect the literary rights of publishing and intellectual property, acknowledge the rights of others, and refrain from citing the work of others or fellow journalists without referring to the source." This paragraph applies to the mistake made by Jayson Blair, reporter of The New York Times.

Article 9 of the Code states the following: "The mission of journalism requires accuracy and objectivity, and practicing it requires verifying information and news before publishing it." Here, it is noticeable that the editor-in-chief of Egypt"s Al Ahram newspaper did not do that when he allowed for printing an altered photo of the Washington summit.

As for the Jordanian media"s commitment to apology for mistakes, Taher Al Adwan, former state minister for media and communication affairs and former editor-in-chief of Al Arab Al Yawm, says: "According to my experience, we lack regulation of this practice on the practical and legal levels."

On whether the Jordanian media apologizes for mistakes professionally or shies away from them, he said: "We have to admit that many Jordanian journalists do not seek to develop their capacities and level of professionalism. Some are not even aware of the laws and legislation on publishing in the press or Jordanian laws on the protection from defamation and slander.  Regulation in this domain will create a sense of freedom and responsibility and reduce the need for apologizing for professional mistakes."

He adds that official institutions, and not journalists, are sometimes responsible for such mistakes. He says that most professional mistakes that journalists make arise from withholding information. This is something that I experienced firsthand. Sometimes, you get an important piece of news from a key official, but he wants to remain anonymous. He does not have a written document. You as a journalist do not have an official document to confirm this information. If you approach any official institution to confirm the information, according to the Access to Information Law, the institution refuses to cooperate or an employee will tell you: "This information is incorrect." This makes some journalists publish the information at their own risk.

Al Adwan lists a number of incidents where he found himself as editor-in-chief obliged to "apologize." He says: "We printed a statement by an important lawyer criticizing a Higher Court of Justice ruling. The president of the court demanded an apology from the newspaper, which we did. Nevertheless, we were referred to the judiciary. In another case, we were sued because we printed a photo, in a report promoting tourism, depicting a man smoking shisha in one of the beautiful locations in Amman. Although we apologized, the man decided to sue us. Another citizen sued us for printing a paid notice, approved by court and per judicial notification procedures, in which his wife demanded that he appear in court. He did not accept an apology, and we had to go to court."

He stressed that "apology" is a sacred right guaranteed by law. If it is proven that a newspaper made a mistake, the affected party, whether in its natural or legal capacity, has the right to demand an apology and to specify where the apology should be published, whether in the same column in which the mistake appeared and occupying the same space, on the first page, or at the top of the page. Journalists have to preserve the dignity of citizens, whether they are officials or ordinary persons. Publishing information that harms others, without verification, makes journalists liable. They must apologize or accept legal responsibility after trial.

Al Adwan adds that he had worked with a group of experts to develop a national media strategy that adopts specific professional and ethical rules to solve problems arising from mistakes in publishing information. This can be done through resolving disagreements between citizens and officials, citizens and journalists, and citizens and media. There was a proposal to establish a complaints council or arbitration council, which rules in accordance with the Press and Publications Law, Code of Honor, and Code of Conduct. This is in addition to the general concepts of freedom of the press, human rights, freedom of expression, and international conventions. Journalists wronged by officials and officials defamed or slandered by journalists can approach this council. Also, institutions, companies and ministries can do that when erroneous information is released about them in the media. This council does not have the right to indemnify the wronged parties because it is not a judicial entity, and its rulings only have moral value, represented in apologizing or obliging a media outlet to apologize. If the parties do not accept this, they can go to court.

For his part, Dr. Sakhr Al Khasawneh, academic and legal expert and lecturer specialized in law and media legislation, says: "The Jordanian press, both printed and electronic, is very conservative in apologizing for its mistakes." He noted that "most of the cases he observed fall under notice, reply, correction, omission, typo or correction of a photo." He finds that "all of these are simple apologies. There is no specific incident in which a newspaper announced disciplinary action against the person who made a professional mistake."

Al Khasawneh stressed that "the right to an apology must be a practice that emanates from the journalistic body. If the journalistic body does not apologize for professional mistakes and haste, this will make the media outlet in question lose credibility." He notes that "an apology can actually enrich professionalism, reinforce credibility, and eliminate any suspected conflict of interest or personal benefit of media workers. This would strengthen the notion of integrity, neutrality, and impartiality."

Al Khasawneh believes that in contrast with the Jordanian press, the practice of apology is much more visible in the Western and foreign press because "Western practices are predicated on the self-regulatory nature of media outlets. Consequently, this requires the existence of an internal auditing system. There are also entities known as conciliation committees, mediation committees, and complaints councils. In the Western press, all parties avoid approaching complaints councils, not for fear of incurring a financial or legal penalty, but out of devotion to the outlet"s professional reputation and status with the public."

Al Khasawneh notes that "according to the Press and Publications Law, an apology does not exempt a newspaper from legal liability if it runs erroneous information or news. Yet, an apology can reduce the psychological and moral damage that may drive a person to go to court. If the person in question decides to go to court, the newspaper"s apology shall not be considered as cause to reduce the penal liability that the judge sees appropriate, but it could be considered as cause to reduce the estimated compensation for moral damage."

In all cases, the real investment of professional media is the confidence of the public. A media outlet that acknowledges its mistakes and apologizes to the public gains greater public confidence and draws the attention of the public to the fact that it does not intend to mislead it. Therefore, it is committed to the tradition of goodwill and preventing harm.

Apology and disciplinary action/The New York Times

Altered photo in Al Ahram (real photo below)

Cartoon in The New York Times/paper apologized

Apology and disciplinary action/Reuters