AKEED, Anwar Ziadat

Newspapers and news sites followed news about the arrival of the body of martyr Mohammad Al Kasaji at Al-Bashir Hospital in Amman on Sunday, 21 May, and burying it on Monday, 22 May, after the occupation authorities had released it. Al Kasaji was martyred by the bullets of the occupation soldiers in occupied Jerusalem.

A number of media outlets published a close-up photo of Al Kasaji"s face along with the press material it prepared, while some sites published pictures of the body without the clear details of the face. Other outlets published an archival picture of him.

The Jordanian newspaper Al Sabeel and Quds Press News Agency Limited, a company based in the United Kingdom whose coverage centers on Palestine, published a picture of Al Kasaji"s face with the agency"s logo on his body, while other sites published photos of the martyr, but without any logo for the media establishment.

The published photos showed the face of the martyr in a clear manner.  Specialists considered the publishing of photos of martyrs and dead people that show their features to be a violation of ethical standards in the practice of media work. They stressed that a dead person has privacy that may not be violated.

Khalid Al Qudah, a journalist specialized in human rights issues, told the Jordanian Media Credibility Monitor (AKEED) that the publishing of such photos is considered on a case-by-case basis. He explained that the general rule says that "a dead person"s photo may not be published since it is degrading and amounts to an attack on his person. It is better to publish a photo that shows him in a state of dignity and pride, which is before death and before he is at his sickbed."  

He added that a photo of a person before death is stronger and more effective. He indicated that Article 26 of the Copyright Law stipulates the following: "Whoever makes any picture shall not have the right to display the original of that picture or publish, distribute, or display it without the permission of the person whom it represents." In all cases, it sets a condition that no picture may be displayed, published, distributed, or circulated if it entails hurting the honor of the person it represents or undermining his dignity, reputation, self-esteem, or social standing.

He said that publishing the pictures of martyrs must be within limits by trying to hide the features of the face. He explained that in the case of a conflict between the law and ethics in such cases, ethics must be given precedence over the law. In ethics, roles are reversed and one person will place himself in the position of the other. When we place ourselves in the position of others, we abandon some types of behavior and decisions.

Photojournalist Salah Malkawi from the U.S. Getty Images photo agency told AKEED that "even without having a law, it is common knowledge for all people and photographers that a dead person has privacy, which may not be violated. A dead person is inviolable. Human values prevent seeing a dead person except within certain limits and controls if he is a martyr or if he died in another incident."

He added that in the event of covering situations where there are dead persons, the photographer has to convey the general atmosphere of the picture, and not the details of the face, as these do not give the photographer any advantage. He indicated that while covering any incident, the photographer keeps taking pictures in a bid to capture the best picture. Afterward, he becomes the first level of control for publishing it. He selects a number of pictures within artistic and ethical parameters to send to the media outlet, which is the second level of control as it selects the picture.

He said that there is a difference between international agencies and local media in terms of commitment to ethics of the profession when publishing pictures despite the fact that the journalists working in the local media have good reputation. He indicated that some people seek fame through these pictures, such as the pictures of martyrs and the faces of the dead, which increase readership a little.

Dr. Sakher Al Khasawneh, a lecturer in the legislation and ethics of the profession of journalism at the Jordan Media Institute, said in previous statements to AKEED that the dignity of a dead person and respect for him and for the feelings of his family requires not publishing his pictures in view of the effect this has on the feelings of his family. He explained that "legal jurisprudence and the ethics of professional journalistic work considered the publishing of pictures of funerals and persons taking part in them, and a dead person during his funeral, to be part of private life. This may not be published."

Aidan White, director of the Ethical Journalism Network, said in a lecture he gave at the Jordan Media Institute in October 2015 that the world of the press and media had lost its compass. It is facing an ethical and professional crisis. He explained that freedom of the press does not mean freedom of expression. Rather, freedom of the press is governed by values, most importantly accuracy, independence, neutrality, humanity, and accountability or transparency.  He warned of media that seeks sensationalism.

Article 11 of the Jordanian Press Code of Honor stipulates the following: "Journalists shall commit to respecting the reputation of families, households, individuals, and the secrecy of matters that concern citizens. This is in line with international principles, the ethics of journalistic work, and the laws that are effective in the Kingdom."