Sam Reed Stood Up to KIRO7′s Media Malpractice

Secretary of State Sam Reed, who announced his retirement recently, is being hailed for standing up for transparency, accessibility and openness in government — and justifiably so.

Reed received the Washington Coalition for Open Government’s coveted James Madison Award last week in recognition of his work. [FULL DISCLOSURE: I’m a member of WCOG’s advisory committee but had no role in the Reed award.]

The awards breakfast just happened to fall on International Media Ethics Day, sponsored by the Center for International Media Ethics .

That struck me as highly ironic, because Reed brought a complaint to the Washington News Council three years ago for some of the most unethical media behavior I have seen in more than 40 years as a journalist, media critic and news-council president.

Don’t take my word for it. Read what happened and make up your own mind.

As part of a national CBS-affiliate series of stories on voter fraud, KIRO7 ran two stories in the fall of 2008, shortly before Election Day. The first story, which ran on Oct. 15, 2008, alleged that thousands of felons had been issued ballots and many had already voted, although felons are not supposed to have voting rights. KIRO “investigative” reporter Chris Halsne interviewed a woman who supposedly was a convicted felon but said she had voted anyway. The second story, which ran on Nov. 3, 2008, alleged that more than 100 dead voters were still on Washington’s active voter rolls, with 15 of them actually casting “ghost” ballots. On her front porch, Halsne interviewed the widow of a man who supposedly had “voted” although he’d been dead since 1996. You can watch both stories below as will as read the transcripts (October 15th story, November 3rd story)

However, both stories contained egregious factual errors, including these:

  1. The “felon” was not a felon. She had been convicted only of a misdemeanor, so she never lost her right to vote. KIRO failed to doublecheck that simple fact.
  2. The “dead” voter was not dead. The deceased man’s son, who has the same name, had voted. KIRO had confused the two men and ignored the widow’s statement to that effect.

Reed and his staff had tried to make KIRO aware of these facts before the stories aired, but to no avail. After the stories aired, Reed’s office was deluged with angry phone calls and emails from citizens who had watched KIRO and believed what they saw on TV. Reed protested to KIRO, but the station “stood by its stories.”

So Reed filed a written complaint (page 1 & page 2) in December 2008 with the Washington News Council. He also signed our waiver form pledging not to sue KIRO, which we require of all complainants.

In his complaint, Reed declared that two KIRO stories were “factually incorrect, incomplete, misleading, sensationalized, inflammatory, and unfair.” He said the stories “wrongly damaged” his office and “failed to include balancing facts or information.” In a 10-page attached letter to the WNC and cc’d to KIRO, Reed wrote:

“[W]e were distressed when Chris Halsne, KIRO 7 Eyewitness News Investigative Reporter, aired two election-related news stories that fell far short of the most basic standards of journalism for accuracy, balance and fairness. This occurred despite our repeated efforts to correct some of his assumptions and methodology and errors before he aired his reports. To have someone purposely proceed with incorrect and misleading information after all of this was just unconscionable and had the negative effect of undermining trust and confidence in our elections process.”

The News Council accepted Reed’s complaint for our process and hand-delivered it to KIRO on Dec. 31, 2008. Under our guidelines, we asked for a written response from KIRO within 10 days. KIRO did not respond and never returned repeated calls or emails.

However, in early January 2009 KIRO General Manager Eric Lerner called Reed’s office to schedule a face-to-face meeting. Lerner, News Director Todd Mokhtari, Investigative Reporter Chris Halsne, and Producer Bill Benson drove to Olympia on Jan. 21, 2009. At that meeting, Reed and his staff documented the serious inaccuracies in Halsne’s two stories.

According to Dave Ammons, Reed’s communications director and former Associated Press political writer and columnist in Olympia, the KIRO delegation listened, but then declared that they would not run corrections or clarifications, nor would they remove the stories from the KIRO website.

Reed and state Elections Director Nick Handy were stunned, according to Ammons. In an email to KIRO, Reed said: “We continue to believe that, at the least, KIRO should remove these stories from the KIRO website. Whether KIRO chooses to take other action is a matter to be determined by KIRO’s own journalistic standards.”

Incredibly, according to Reed and Ammons, the KIRO managers then offered to remove the stories if Reed would agree not to inform the News Council or the public. [Italics mine.] To his credit, Reed refused that unethical request. KIRO later removed the stories from its website without notifying Reed or the News Council. However, Reed’s office and the WNC had taped the two stories. We put them on our website, where they remain available for viewing.

The News Council then began preparing to hold a public hearing, to be broadcast statewide by TVW, at which the WNC board would publicly discuss and vote on the merits of the complaint. That’s our standard procedure when serious complaints cannot be resolved, and we’ve held several of them over the years.

However, on Feb. 17, Sam Reed asked that the hearing not go forward. He wrote:

“After much careful consideration, we at the Secretary of State’s Office have reluctantly decided not to pursue our complaint against KIRO-TV to the full hearing stage.

“We remain convinced that we presented a compelling argument, both in our written Washington News Council submission and in direct conversations with KIRO-TV management and staff, that significant errors in fact and in tone were made in two special reports by reporter Chris Halsne….

“We asked for clarification, for corrections, and for the incorrect and overblown stories to be taken down from the KIRO website, and got zero acknowledgement that anything was amiss or that the journalistic standards required more than a dismissive brush-off of the state’s chief elections officer….

“After several conversations as part of the News Council negotiating period, KIRO eventually agreed to pull down their stories from the Web site if we would muzzle ourselves and not inform the News Council of the nature of this accommodation. This we cannot agree to, since this leaves KIRO offering very little and conceding nothing.

“At the same time, we weary of this frustrating battle and the countless man-hours devoted to researching chapter and verse of this sorry episode, and we see little value in continuing to bang our head against the wall, knowing that KIRO will boycott the proceedings and will not acknowledge errors in fact and in tone, much less fix the problem. A News Council finding in our favor would not change the dynamic; properly, in a nation that so values the First Amendment, the council cannot order KIRO to do anything….

“We close by expressing our sincere thanks to the Council…for accepting our complaint and for professionalism in walking with us through the process, including the most recent negotiating period with KIRO. It is through no fault of the Council…that we have decided to suspend our complaint.”

The News Council reluctantly accepted Reed’s decision not to proceed with a hearing. However, the WNC then invited the public to participate in an unprecedented “Citizens Online News Council” to help judge KIRO’s journalistic ethics and performance. No news council in the world (and there are dozens of them, most members of the Alliance of Independent Press Councils of Europe) had ever done that before. We called it a “virtual hearing.”

The KIRO stories, Reed’s complaint and letter, and key questions for discussion were posted on our website. Members of the public were invited to view the stories, read the complaint, and “vote” on several issues regarding the KIRO stories that the full News Council would have considered had this case gone to a hearing. You can read the full list of the questions and total votes HERE.

The voting deadline was April 30, 2009, during national “Media Ethics Week” sponsored by the Society of Professional Journalists. (Although inexplicably, the head of the SPJ’s national ethics committee objected to the virtual hearing. You can read his reasons, and our response, HERE.)

KIRO got hammered. The votes were nearly all highly critical of KIRO and upheld Reed’s complaint (see vote results and comments). Of  all those who voted online, only a few defended KIRO. Most voters added critical comments.

As president and executive director of the Washington News Council, I still find this case one of the most shocking examples of unprofessional, irresponsible journalism that I have ever seen.  KIRO even got criticized by The Stranger and earned a “Dart” in Columbia Journalism Review.

KIRO played fast and loose with the facts, disregarding the truth. They refused to set the record straight even after being confronted with incontrovertible evidence that they were wrong. Then they tried to “bury” the stories by sneaking them off their website without telling anyone or admitting any errors. Yikes.

A recent national survey by the Pew Center for the People and the Press found public trust in the news media at about its lowest level ever. Stories like KIRO’s are part of the reason for that.

Kudos to Sam Reed for having the courage to stand up to KIRO. More public officials and individual citizens who are damaged by shoddy news reporting should do the same. Otherwise, bad journalists will keep committing media malpractice — which hurts journalism, the public and democracy.

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