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July/August 1991 | Contents
NAMING THE VICTIM This past April -- following a woman's allegations that she had been raped by Senator Edward Kennedy's nephew William Kennedy Smith -- NBC News broke ranks with a tradition honored by other mainstream news organizations by reporting the name of the alleged victim without her consent. The following day The New York Times published the woman's name, asserting that the NBC disclosure had already made her name public knowledge. These decisions set off a great deal of internal discussion at both organizations and in the press at large. In this memo to his staff, Michael Gartner, president of NBC News, justifies his decision. To the staff: Why did NBC News name the woman who says she was raped at the Kennedy compound in Florida over the Easter weekend? How was that decision made? For years, the issue has been debated by journalists and feminists: should the names of rape victims or alleged rape victims be made public? Among journalists, there is no agreement; among feminists, there is no agreement. At NBC, we debated the journalistic arguments. Some background: I have been deeply interested in this subject for years, discussing it and debating it. Years ago, I concluded that journalistically, it is usually right to name rape victims. Usually, but not always. Here is my reasoning: First, we are in the business of disseminating news, not suppressing it. Names and facts are news. They add credibility, they round out the story, they give the viewer or reader information he or she needs to understand issues, to make up his or her own mind about what's going on. So my prejudice is always toward telling the viewer all the germane facts that we know. Second, producers and editors and news directors should make editorial decisions; editorial decisions should not be made in courtrooms, or legislatures, or briefing rooms -- or by persons involved in the news. That is why I oppose military censorship, legislative mandate, and the general belief that we should only print the names of rape victims who volunteer their names. In no other category of news do we give the newsmaker the option of being named. Those are decisions that should be made in newsrooms -- one way or another. Third, by not naming rape victims we are part of a conspiracy of silence, and that silence is bad for viewers and readers. In reinforces the idea that somehow there is something shameful about being raped. Rape is a crime of violence, a horrible crime of violence. Rapists are horrible people; rape victims are not. One role of the press is to inform, and one way of informing is to destroy incorrect impressions and stereotypes. Fourth, and finally, there is an issue of fairness. I heard no debate in our newsroom and heard of no debate in other newsrooms on whether we should name the suspect, William Smith. He has not been charged with anything. Yet we dragged his name and his reputation into this without thought, without regard to what might happen to him should he not be guilty -- indeed, should he not even be charged. Rapists are vile human beings; but a suspect isn't necessarily a rapist. Were we fair? Probably, yes, because he was thrust into the news, rightly or wrongly. But so was Patricia Bowman, and we should treat her the same way journalistically. We are reporters; we don't take sides, we don't pass judgment. Those are the points made in our internal debates. At NBC News, I first raised the issue when the woman was raped in Central Park. We had one story on Nightly News, and after that I told some colleagues that if that were to become a continuing national story we should debate the question of naming the woman. As it turned out, it did not become a continuing national story, and we did not have the debate at that time. Two weeks ago, I began debating in my own mind the issue of the Florida case. I joined in the debate with some colleagues from outside NBC News last week. On Monday of this week, I raised the issue with three colleagues within NBC News. We discussed it at some length. Should we do this, and if we did it how should we frame it? On Tuesday, the discussions continued. They were passionate and spirited, but not mean-spirited. By the end of the day, the debate probably encompassed 30 persons, men and women of all views. There was no unanimity; if a vote had been taken, it probably would have not been to print the name. But I decided for the reasons listed here, to air the name. The fact that her identity was known to many in her community was another factor -- but not a controlling one -- in my decision. There were those -- including some involved in the preparation, production and presentation of the piece -- who disagreed intellectually. But no one asked to be removed from the story, and everyone did a thorough job. The story was clear and fair and accurate; it was not sensational, and -- for those who think it was done for ratings or the like -- it was not hyped or promoted. It was presented as just another very interesting story in a Nightly News broadcast that, that night, was full of especially compelling stories. At 5:00 pm, we did send an advisory to affiliates that we were naming the woman, for our Florida affiliates, especially, needed to be told in advance. In the time since, six of our 209 affiliates have complained to us about the decision; at least one, WBZ in Boston, bleeped out the woman's name and covered her picture. Several affiliates said we ran counter to their own policies, but just as we respect their views they respected ours and ran the story. Several other affiliates called to say they agreed with our decision. Most said nothing. I am particularly proud of the process we went through in reaching our conclusion; in fact, the process was more important than the conclusion. There was vigorous and free debate about an issue of journalism; all sides were discussed. The story was shaped and reshaped as a result of that debate. When we ultimately decided to air the name, everyone involved at least understood the reasons, and everyone then did the usual first-rate work. Our decision engendered a national debate. Much of the debate has been focused on the wrong issues, but much of it has been focused on the right issue: the crime of rape. The debate itself has raised the awareness of the horribleness of the crime, the innocence of victims, the vileness of rapists. That has been a beneficial side-effect. Rape is rarely a national story. If another rape becomes a big story, we will have the same debate again. The position at NBC News is this: we will consider the naming of rape victims or alleged rape victims on a case-by-case basis. |
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