Media ethics case study in the world of blogging

In August of 2011, blogger David Portnoy of the website, Barstool Sports, posted a controversial picture to his website that made many people question his morals and his ethics the picture was of New England Patriots quarterback Tom Brady’s two year-old son, Benjamin. Paparazzi had shot pictures of Benjamin as he was playing on a beach in Costa Rica with his mother, Supermodel Gisel Bundchen. Portnoy found these pictures online and then posted one of them to his website. The picture he chose was a side profile shot of Benjamin with full nudity.

This was the picture Portnoy posted of Brady's son. The photo on the website was not blacked out as it is seen here.

Portnoy wrote the headline “Check out the howitzer on Brady’s son." Under the photo he went on to write, "That’s a big f***ing hog for a 2 year old right? Just swinging low like a boss. I guess we shouldn’t be surprised though. That’s what MVP QB’s do. They impregnate chicks and give birth to big d*cked kids. Does Peyton Manning have any children? If he does I bet they got pencil d*cks."

The combination of the photo and his comments sent many readers and the Boston Media into a frenzy. Barstool Sports is known for is dirty, locker-room type humor. It's become a very popular site, not just in Boston but across the country. Fans of Barstool read it for the edgy humor, but many people felt Portnoy crossed the line this time. I had a chance to speak with Ashley Blanchard, an occasional reader of Barstool Sports and she was not pleased with the picture or the comments made by Portnoy. She expressed sympathy for the child who was put in this situation. (a portion of our conversation can be heard here.)

Even arguably the most controversial media personality of all time Howard Stern expressed his disapproval as seen in this news report from WCVB channel 5 in Boston.

 

A video from a Headline News displays a report on this story. In the report, defense attorney B.J. Bernstein is interviewed.  In the interview she says, "the federal statute says, that sexual exploitation of a child includes the exposure of the genitalia of a child in a lascivious manner. Lascivious has a lengthy definition in the law, established by a test called the dost test. And you look at six different factors to determine whether that picture itself was something that's pornographic." 

B.J. went on to add, "the hard part here is, its the kinda picture where the child was out on the beach where everyone could see. So that alone isn't a sexual act. The issue becomes, and if he is prosecuted it may get put into new law, which is what he wrote underneath the photograph."

Portnoy was never prosecuted. However, Massachusetts State Police were sent to his house requesting that he remove the photo from his website. In a story first reported by Deadspin, Portnoy admitted that he felt no legal obligation to take the photo down. He had this to say in response to Deadspin's story on his own website.

"I didn’t want to turn this into a moral issue about whether the Cops had any right doing this and suppressing free speech and the first amendment and sh*t. That’s not my fight. At least not right now. And nobody was asking me where the pics went so I was just gonna let it die. Plus I didn’t want to look like a pus*y. But Deadspin asked the question and when somebody asks me a question I give an honest answer. Anyway I had no problem with the visit. They were friendly, non threatening and basically just said they were getting lots of complaints from the lunatic fringe (my words not theirs on lunatic fringe)and it would be in the best interest of everybody involved if I’d just take them down. I obviously still stand by the fact I had every right to do everything I did, but I’m not looking to make cops jobs more difficult than it already is so I complied."

 The out cry was so strong from the public that emergency phone lines were being jammed with complaints about Portnoy's posting of Brady's naked son. The police feared life and death 911 phone calls could not get through so they went to Portnoy's house and asked to take it down, going against his right for free speech and the first amendment.

Should this story be considered unethical the way its constructed? Is any naked child photographed considered porn? One of the most successful bands and album covers was Nirvana's Nevermind. The album cover featured a naked 3-month-old baby named Spencer Elden. It was produced and sold in record stores. In a book titled Come as You Are: The Story of Nirvana,  author Michael Azerrad asked Nirvana lead singer Kurt Kobain  about the risky nature of the album cover to which he replied, "If you're offended by this, you must be a closet pedophile."

Album cover for Nirvana's "Nevermind." 1991, DGC Records.

While Nirvana's album cover and the picture Barstool Sports posted were taken in differing context, parallels can be made between the appropriateness the two. The main issue seems to lie with the comments Portnoy made about the photo. Where do bloggers and paparazzi draw the line? Digital media allows for anyone with a computer to create a blogging website and post a seemingly innocent photo of a child playing on a beach and turn that photo into something more conniving by providing commentary underneath. Will bloggers ever be held to the ethical standards of news organizations and journalists or is this scenario something we will see more of in the future?

I asked Dan Weissman, a journalism professor at Rutgers University, what his thoughts were about this situation involving David Portnoy in this new media era.

“Gossip columns have much broader leeway. The photo was taken on a public beach. The disturbing thing is that the cops went to his house. I can see people getting upset. But, he’s a blogger. He has a website and he’s free to do what he wants,” Weisman said. “My personal view? I don’t think it was tasteful. But a lot of it isn’t tasteful, people need to lighten up.”

Weissman went on to talk discuss how the production of information has changed at not just blogging sites but news reporting organizations in general.

“The world has changed. It used to be you send something in and the editor looks at it. Now it’s writing fast and the editor looks at it after it’s out. The information is already out there. While you worry about ethical matters someone else is posting it.”

In social media, the fans always have a voice

A fan gets interviewed during the New England Patriots Super Bowl pep-rally on February 1, 2012.  

For years fans sat at home and watched games from their televisions. If they weren't watching at home they were at a bar or maybe fortunate enough to be live at the game. These sports fans are often passionate and opinionated. Many of them scream and yell out loud. They have comments to make about the players, coaches and announcers. Until recently the only way these voices could be heard was by man on the street interviews, sports radio and all the people in ears reach of their roars. Social media has now given these fans the ability to directly communicate with their favorite players directly. Is this a big deal to sports fans?

“Believe it or not, social media has had an enormous impact on the sports field as we know it today. Ten years ago, we would sit and watch a sporting event, take in the events, and that was it. Now, consumers can interact with games as they are on, add their own commentary, and be a part of the dialogue thanks to Twitter, Facebook, and the like.” Says Yankees fan, Lindsey Hanlon. “Every night I watch the Yankee game, and multiple times throughout the game, Michael Kay talks about comments that have arrived via Twitter based on a conversation he may be having with his co-commentators, or even correcting him if he has misspoken.”

Photo submitted by Lindsey Hanlon, showing her support for one of her favorite Yankees during a game at Yankee Stadium.

Lindsey brings up great points of how social media makes sports broadcasts interactive with fans in real time. Broadcasters can pose questions to their audience and get instantaneous responses through this social media platform.

“It’s also allowed for an interactive conversation. You can’t publicly comment on the score you see on TV – well to a infinitely large audience anyway, but you can when you see it on Facebook. In terms of marketing, this probably is the most beneficial use of social media in the area of sports.” Says New Jersey Devils fan, Lia Papamarkou. “For years, teams where almost limited in their reach to those who could attend their games live – there was a benefit to TV broadcasts, but social media has allowed for another level of intimate interaction with fans that have the potential to increase loyalty. Staffing limitations in stadiums/arenas don’t really allow for special attention to fans, however, fans on Facebook/Twitter are able to be singled out for their contributions.”

Photo taken by Lia Papamarkou during her time at a New Jersey Devils game.

The contributions of the fans are what make the Twitter network so strong. Majority of people that follow these athletes and news organizations on Twitter are fans. If fans didn't embrace social media the way they have, organizations wouldn't be incorporating it into broadcasts the amount they have.

Lindsay believes, “people yearn to be connected to sports professionals, to be associated with greatness in any way and social media allows that to happen.”

The popularity of social media appears to be at an all time high. But is social media and sports are relationship that’s here to stay?

“I think social media is too valuable to ever go away. While the actual tools may evolve, too many people willfully joined the conversation over these channels to ever be ignored again especially with respect to sports – internationally and domestically,” said Lia.

How do fans see social media involving in the future? Boston Sports fan Robert Mudge anticipates social media expanding.

Robert Mudge was in a wedding and the groomsman took  a photo with  Boston Bruins Jerseys . They sent in the photo to NESN's "B Part of it" contest. There photo made it on air as seen in this picture.

“I think social media is an incredible and will only expand. I see it creeping into games, whether its players tweeting between half’s etc, within next five to ten years. It can’t hurt, can only help and it’s not like they would ever stop a game to have players tweet. I just feel that the closer players can be to fans, the better it is for the leagues overall in terms of dollars- and at the end of the day that’s what every single owner cares about.”

Mudge went on to discuss the economic importance and ramifications of social media in sports.

"Social Media, even with league restrictions, will continue to expand over the next five years. If I could put a number or quantity on it, I would be confident enough to say its use would double. Every network, every anchor, every show has a page or handle on social media. Go to the page, get more information, become a bigger fan, spend more dollars, help the league grow," replied Mudge. "The formula is simple, and although leagues do not want social media distracting their players during business, all cannot argue the bottom line- social media brings casual fans closer to the action and can turn them into avid fans that are more likely to spend their hard earned money on league product."

For more fan opinions on social media in sports, click here to listen to my interview with Mark Brehaut.

WWE body slams their way to worldwide trends

World Wrestling Entertainment has been extremely active when it comes to promoting their brand on social media during their weekly television show, Monday Night RAW. RAW is televised on The USA Network, Mondays at 9:00 p.m. EST. It doesn’t take long before viewers are encouraged to actively participate in an online conversation via Twitter. Five minutes into the show, a graphic is posted detailing how viewers can get involved in the online conversations via Twitter using #RAW and the handle @WEE. Announcer Michael Cole verbally makes reference to the graphic on the screen saying, “You can keep up on all of tonight’s action on Twitter by following at WWE and joining the conversation using the hashtag RAW.”

Raw general manager James Laurinaitis adresses the audience as the WWE's Twitter information is posted on the screen. The Twitter graphic remained on camera for 12 seconds to open the show.

The key element that makes WWE’s social media influence so powerful is their ability to instantaneously make names and phrases trend worldwide. Minutes after the graphic is posted, #RAW shoots to the top of worldwide trends on Twitter. In addition WWE wrestlers John Cena and Brock Lesnar trend worldwide as well.

Worldwide trends seen on Twitter 10 minutes into the Raw broadcast.

The quickness of the trends are a result of two major factors. The first is the amount of viewers tuning into the program. Monday Night RAW is annually one of the highly rated shows on cable television. The second  is the viewer’s willingness to actively participate in the conversation on Twitter. These are the two major factors needed to make television show topics trend worldwide on Twitter, as seen in this article from Mashable.

Hashtag #RAW displayed throughout the show at the top left of the screen.

The WWE is not shy about when their show is the result of a worldwide trend. It’s often mentioned verbally by the announcers, by graphic on the television and on their Twitter account.

 Trending in the year 2012 often refers to this.

James Stewart is an avid WWE fan and also producer for the "Felger and Mazz Show" on 98.5 The Sports Hub in Boston. I asked him where he stands on  how WWE incorporates Twitter into their programs.

“My overall thought on how the WWE uses twitter is, that they use it too much. I’m not a fan of how they promote it constantly on their programming,” Stewart said. “The problem I see with their company is they are worried about the wrong things. Instead of getting something trending on twitter and telling us it’s trending, why not let it happen naturally. More people watch and enjoy wrestling worldwide than any other form of sport or entertainment. It’s easy for a term to trend on twitter when you have as many fans, worldwide, as the WWE does.”

To listen to my interview with Ruel Baird, please click here.