August 30, 2024 – for immediate release

The National NewsMedia Council (NNC) has considered and dismissed a complaint alleging a breach of journalistic standards related to the use of photos and coverage of sensitive matters.

A June 4, 2024, news article published by Castanet reported on a fatal motorcycle crash and included an image of the aftermath of the crash. The image was edited by the news organization to include a small oval designed to obscure the area containing the body of the deceased individual.

Kayla Herman, the sister of the deceased, filed a complaint with the NNC stating she felt that the image and reporting were insensitive, and requested that the image be removed. The complainant stated her main concern was about the use of the image, but she also took issue with how the news organization responded to her request for the photo to be removed following publication.

The complainant noted that the news organization had originally published a different image with the story. The original image included a trucking company logo but did not show the area of the photo where her brother’s body was located. The complainant alleged this demonstrated that the threshold for photos being removed was low for companies but high for people who did not want their deceased family members to be the subject of a news article.

The complainant also took issue with the accuracy of the statement from a witness at the scene who described the aftermath of the crash. The complainant stated that her conversations with health care professionals contradicted the details provided by the eyewitness and that it was traumatic for family members of the deceased to think that their loved one had suffered in the way that the eyewitness had described.

Lastly, the complainant stated that the news organization’s request that she provide them with a statement in the wake of her brother’s death was insensitive.

The news organization responded to the NNC complaint by offering their condolences and explaining, “We publish photos of serious crashes to raise awareness of the dangerous state of the roads and to remind people of the responsibility of what is at stake when they get behind the wheel.” The news organization explained that the particular stretch of highway “sees multiple fatal crashes annually,” and pointed to other stories they had published about recent collisions that had occurred in the same area.

The news organization noted that the body of the deceased had been covered when the photo was taken but that it took an additional step to “black out [the] covered body” in this case. The news organization refuted the claim that it was trying to obscure the name of the trucking company, and noted that a trucking company representative was quoted in the story.

In response to the concern about the accuracy of the information in the piece, the news organization noted that the information contained in the article was provided by witnesses at the scene and was corroborated with dash camera footage.

In response to the complainant’s concerns about requesting a statement in the wake of a family member’s death, the news organization stated, “Providing the family of a victim the opportunity to comment is standard practice in news gathering and is at times greatly appreciated by victim families. Others find it offensive, but it is merely an offer.”

The news organization said it would be willing to publish a letter to the editor from the complainant expressing her views on news outlets publishing fatal crash images, should she wish to draft one for consideration. The news organization cited an NNC decision to support its view that the publication of the image was in line with journalistic standards when providing images of fatal crashes.

The complainant was not satisfied with the news organization’s response, and noted that the image in this case differed from the one cited in the NNC decision, as the latter was taken at a greater distance. She reiterated her request that the image be removed as, “it is insensitive, causing additional stress and trauma to my family, and those of us that knew my brother, and does not serve to help [the] story from an information standpoint.”

The news organization explained that requests for image takedowns of vehicle crashes and other tragic events are frequent, and that they consider each request carefully.

In response to a request for information by the NNC, the news organization clarified that the first image with the trucking company logo “gave the wrong impression that the tractor trailer was a primary involved vehicle, rather than a driver that came upon it after the fact.” They explained that had there been another option for an image, they would have used that instead.

The news organization also noted that, as a matter of practice when dealing with sensitive content, editors choose to crop an image instead of blurring or censoring, but may occasionally use censor bars and blurring if that is not feasible.

The NNC understands that coverage of tragic events may provoke strong reader reaction, and is especially difficult for individuals with personal ties to the situation. In reviewing the complaint and relevant material, the NNC considered standards surrounding the use of photos and sources when covering sensitive matters.

Standard practice calls for particular care when dealing with sensitive issues, such as covering fatal vehicle collisions. The news organization states it follows widely accepted journalistic guidelines, including those set out by the Canadian Press. CP guidelines state, “The media should do their work with compassion, good taste and respect for individual privacy,” which includes respect for grieving individuals. The guidelines also state, “How far to go in informing the public is a dilemma faced every day.”

The NNC has often stated that photographs are powerful tools that may serve to educate readers about the impact of an event or ongoing situation in a community. The NNC likewise recognizes that images of tragic events may provide cautionary accounts or indicate the need for change, such as better safety measures. In this way, it is standard practice for news organizations to report on such matters as a way to inform the community and promote accountability. Journalists are tasked with weighing which information and images to share with the public as a way to balance these community interests with respect for individuals affected by the situation at hand.

While the NNC recognizes that newsrooms receive a frequent number of requests to remove content, generally speaking, the NNC does not support the removal of content except in rare cases, such as egregious editorial error.

The NNC has underscored the importance of newsrooms providing compassionate and thoughtful responses when addressing reader concerns, particularly when involving deaths of family members. That said, the role of the NNC is to address reader concerns about journalistic standards in published articles. It does not have a mandate over individual communications from newsroom staff.

In this case, the NNC observed that while the censored part of the image indicates to readers that a body was at the scene at the time the photo was taken, no identifiable aspect of the victim appears visible to an ordinary reader. While an alternative image that did not require subsequent updates would have been the preferable choice, the NNC recognizes that news organizations often make difficult editorial decisions based on the material and information available at the time of publication.

As a matter of general information, news organizations may wish to consult a variety of reporting guidelines to inform their news gathering and reporting practices, as well as their newsroom discussions, when covering trauma or tragic incidents.

Removing or updating content on compassionate grounds is generally at the discretion of the news organization. That said, the NNC would encourage news organizations to take steps to ensure photos containing sensitive subject matter are handled with appropriate care. This may include, for example, ensuring a wide selection of images in breaking news environments, so that they may avoid having to publish or alter an image in any way that is likely to raise concerns about inappropriate material.

In its review of the article in question, the NNC noted that the trucking company’s name was used in the first sentence of the article, and for this reason, found no grounds to support the allegation that information was deliberately withheld from readers.

The NNC understands that the statements from eyewitnesses may be upsetting for readers who have a personal connection to the incident or individual covered. That said, it is standard journalistic practice for news articles to include statements from eyewitnesses. It is likewise standard journalistic practice to ask family members or others close to the individual affected by the incident to provide information or comments as a way to include relevant context or indicate the depth of impact of an event.

In this case, the NNC accepts the news organization’s view that the choice to publish the censored photo was not ideal but not inappropriate to include in its reporting of important community developments, which may extend to coverage of injury or death from traffic crashes that occur in a given area.

The NNC would emphasize the importance of treating individuals dealing with trauma with particular care and sensitivity throughout all stages of the reporting process, in accordance with best practices. However, for the reasons outlined above, Council found no grounds to support a complaint about a breach of journalistic standards in the published image or article and dismissed the complaint.