By August Barham 

April 20, 2021

 

Roughly 100 years after the first documentary, filmmakers and journalists continue to grapple with ethical considerations of the field and the points at which they diverge from or intersect with journalism ethics.

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The documentary field does not currently have a set code of ethics in the way traditional journalism does. While some filmmakers defer to journalism-based ethics codes, the conversation on whether or not all documentarians should do so is ongoing. This conversation encompasses other considerations that arise at the points of divergence between the two mediums, starting with the broad question – is documentary journalism?

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“I would argue that it’s art, and I would argue that the difference matters,” wrote Ann Hornaday in her 2018 article “Documentaries aren’t journalism, and there’s nothing wrong with that.”

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In a Columbia Journalism Review article, “In defense of Documentaries as Journalism,” June Cross responded to Hornaday by arguing that the evolving consideration of objectivity in journalism ethics to include notions of fairness makes room for documentary filmmaking as journalism despite a filmmaker’s artistic license.

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Documentary was not born out of a news tradition. Newsreels, short films of newsworthy footage common in the early 20th century, “were initially seen as entertainment rather than news,” according to the Princeton University Library. The first feature-length documentary film, Robert Flaherty’s 1922 “Nanook of the North,” consisted largely of staged shots. Documentary eventually gained an association with news journalism and most major news organizations now produce documentary films.

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Some consider the distinction between the two traditions to be dynamic.

 

“It's less important for me because I have to move between the two fluidly. And so, I kind of recognize how fluid the relationship between journalism and documentary is,” said Mandrallius (Manie) Robinson, sports journalist, filmmaker and professor at the University of South Carolina.

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Ed Foster, a filmmaker and former documentary film student at Wake Forest University graduate school, also noted a fluidity between the two – despite not coming from a traditional journalism background.

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“You're a journalist when you have to be, you're a filmmaker when you have to be,” Foster said.

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This ambiguity and fluidity carries over into documentary ethics. A 2009 study by the Center For Media & Social Impact (CMSI), “HONEST TRUTHS: Documentary Filmmakers on Ethical Challenges in Their Work,” cultivated baseline research toward the development of ethical standards for documentary filmmakers because “the field has not yet articulated ethical standards specific to documentary.”

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“It's really your guidelines are your own personal ethics a lot of times,” said Foster. He also said that every filmmaker “has a different theory on how they want to approach their field.”

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Sarah Bellingham, a documentary filmmaker, video journalist and professor at Columbia Journalism School, recognizes this fluidity and says that she will specify the capacity in which she is working to ensure an understanding of the ethical nature of the work.

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“When I talk about documentary, sometimes I will actually specifically talk about journalistic documentary,” Bellingham said, “and be very specific also in terms of what I'm doing of like, 'this is a journalistic documentary, and this is going to be my approach.’”

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This does not mean that documentary filmmaking is devoid of ethical standards.

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“When we think about these things in terms of ethics, we think that journalism is this buttoned-up noble thing and then documentary is the wild, wild west,” Robinson said, “and I don’t think it is that way. There may be different rules but there’s still a set of rules.”

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Some feel that having and clarifying this set of rules is important whether or not you feel that documentary is a form of journalism.

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“All documentaries make a claim inherent in the designation itself to be a good-faith portrait of something that actually happened. So, there is a reality claim there, which at least requires accuracy and implies other ethical standards,” said Patricia Aufderheide, co-author of “HONEST TRUTHS,” American University professor and media expert.

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Robinson sees value in documentarians being guided by both an established code and an individual ethical compass.

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“I think it's important to have these centralized codes and centralized lists and to have these things detailed so there's clarity on it,” Robinson said, “but I think a lot of it comes down to just common sense, common decency and having a personal code.”

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There have been attempts, such as “HONEST TRUTHS,” to work toward a centralized code of ethics specific to documentaries. But currently, some documentarians defer to journalism ethics.

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The 2015 CMSI study, “Dangerous Documentaries: Reducing Risk when Telling Truth to Power,” found that “common characteristics of ethics codes for journalists appear largely to be shared by filmmakers.” These considerations include accountability, truth and accuracy, transparency and so on.

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Bellingham says that she regularly references the Society of Professional Journalists (SPJ) Code of Ethics during her independent documentary filmmaking practice. 

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“It’s not like, ‘OK, here's the rule book,’ but it's a really helpful set of guidelines to help guide freelance journalists, to help guide overall, to help guide documentarians and it's something that I refer my students to as well,” Bellingham said.

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The Public Broadcasting Service (PBS) applies its journalism-based Editorial Standards & Practices across all mediums.

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“All of our shows have to follow our editorial standards. Now, how relevant the standards are will differ depending on what the content is,” said Brian Westley, senior counsel, standards & practices, at PBS.

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Westley further contends that the core principles of journalism should be applied across the documentary practice and that we should avoid a case-by-case treatment of said standards.

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“I think we need to be very cognizant of the fact that these standards should be widely applied,” Westley said. “I don't think that the general public is going to make much of a distinction between a documentary film, especially one that's about a current event or an important topic, versus traditional journalism.”

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When considering if all documentary filmmakers should follow traditional journalistic guidelines, other questions arise due to the vastness of the field and differences inherent to the medium.

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“The journalistic guidelines are written tilted toward daily journalism. There are other issues that come up when you enter into a long relationship with people you make the movie about,” Aufderheide said.

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Accuracy, Distortion and Documentary as Art

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A major tension between journalism ethics and documentary film is an accurate portrayal of the facts versus artistic interpretation.

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In 2005 the Oscar-winning short documentary, "Mighty Times: The Children's March," was questioned for its blending of archival footage and reenactments.

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According to a New York Times article, “Documentary Criticized for Re-enacted Scenes,” Frieda Lee Mock, the executive committee chairwoman of the academy 's documentary branch at the time, questioned the ethics of the filmmakers for misrepresenting reality and failing to disclose the use of reenactments.

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The PBS Editorial Standards & Practices would suggest that the filmmakers should have used appropriate labeling to allow “the audience to better understand, and make informed judgments about, content.”

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Some documentarians – including the directors themselves – argue that they have a right as filmmakers to tell the story in whatever way they feel is most accurate.

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“I just want to make sure that my participants are represented accurately. And if I have to take a little leeway with what's going on in the editing room, then I will,” said Foster.

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Deborah Wong, a New York-based video producer and editor says that, as someone who studied and enjoys documentaries, she is drawn toward those that use form to promote action.

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“I think documentary is so powerful and visual storytelling is so powerful because it makes people act,” said Wong.

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John Greyson, filmmaker, media activist and York University professor, commonly uses film form for this purpose. Greyson’s 2009 film “Fig Trees,” which won the Teddy Award for Best Documentary at the Berlin Film Festival, told the stories of Tim McCaskell and Zackie Achmat’s fight for expanding access to AIDS treatment through a surrealist operatic narrative.

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“I didn't have the burden of being ‘the first,’ their stories were already available,” Greyson said. “Instead I could be inventive and blend fact and fiction, be whimsical –trusting viewers would do the work and be able to follow.”

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Robinson generally practices a minimalist use of film form.

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“There’s enough raw emotion, there's enough connective tissue, there's enough there that you don't have to fabricate anything,” Robinson said.

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 The Impossibility of Objectivity and Independence

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In, “Documentaries aren’t journalism, and there’s nothing wrong with that,” Hornaday argues that documentary cannot be journalism because as artists, filmmakers color the story through their artistic interpretation, making objectivity and independence impossible. 

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“It comes to the facts as I see and how I want to present this story,” Foster said. “As a filmmaker, you have that leeway. As a journalist, I don't believe you have that leeway.”

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Aufderheide argues that presenting the facts as you see them is not exclusive to documentary filmmakers.

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“I think everyone, journalists included, are presenting the world and facts as they see them. Journalistic coverage is intentional and filters plenty of material out too,” Aufderheide said.

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Robinson says that in all forms of storytelling we should move away from questions of objectivity and instead look to process.

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“Rather than asking if a journalist or a storyteller is objective, we should ask if their work can be verified and replicated,” Robinson said.

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The question of independence in documentary filmmaking also comes up in terms of the source relationship. Robinson considers this the biggest difference between journalism and documentary ethics.

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“A cardinal rule in ethics in journalism is, you have to be independent from the subjects that you cover,” Robinson said. “Whereas in a film and observational film like that, there's no way to remain independent, you're spending so much time with the subject and you're trying to make sure that they maintain ownership of the story.”

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Accountability to Whom?

 

Bellingham says that you have to consider documentary ethics from two perspectives.

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“One is your ethical responsibility to your sources, and the other is your ethical responsibility to the audience,” Bellingham said.

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You are accountable to your audience to provide accurate information and are accountable to your subject to accurately represent their stories, Bellingham says.

 

But some documentary filmmakers suggest a heavier accountability to sources than to the public.

 

“Accountability, I think, for journalists rests on accountability to their audience. Whereas we have accountability to our subjects,” Foster said.

 

Although some could argue that accountability to whom is not important as long as there is accountability, the question affects standards of independence.

 

Greyson, who notes accountability primarily to his film subjects, says that he will “almost always show rough cuts and fine cuts to the subjects,” making changes based on their responses.

 

The PBS Editorial Standards & Practices, which emphasize a commitment to the public interest and trust, urge against pre-screening material to avoid undue influence.

 

Robinson says he also feels accountable to other storytellers and to the history of storytelling as a whole.

 

“I think about it as being a part of a lineage of storytellers. That is important to me,” Robinson said, “and so, I wouldn't want to jeopardize my place in that or jeopardize the integrity of this entire tradition.”

 

The Conversation Continues

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So, should documentary filmmakers follow the same ethical guidelines as traditional journalists? Based on conversations with professionals in the field and scholarship on the subject, that question continues to be debated.

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In “What to Do About Documentary Distortion? Toward a Code of Ethics,” Bill Nichols suggests the creation of distinct ethical guidelines for documentary filmmakers that address the mediums’ unique power balance and artistic perspective.

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While differences are found in the specific application of ethical guidelines in journalism and documentary, Robinson says that the broader ethical tenants remain constant.

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“Both should have an expectation of integrity to the story, to the subject, to the facts,” Robinson said.