I
saw a newspaper article recently in which two writers accused an
educator of psychological and physical abuse. The evidence presented
suggests that the accusations were true,i
but that's not the point. Clearly the article was exciting. It was
an exposé
that, by its front page placement, was sure to attract readers. The
content can only be described as lashon
hara
(gossip – literally “evil speech” in Hebrew) and the accuracy
of the information doesn't change that.ii
Whether
true or not, the article must have been harmful to the individual
accused – even if he was prepared to shake it off. And it
certainly raised questions for me about the writers. According to
the Talmud,iii
the spreading of lashon
hara
“kills”iv
three – the accused of course, but also the speaker and the one
listening. The letters in response to the article make it clear that
there were many who were damaged by “listening” – not a big
surprise when dealing with a front-page exposé.
Some supported the accusations, and some were hurt by them. In
fact, one of the letters contained accusations against another party
– one not mentioned in the original article – against whom
similar accusations were made.
There
are authorities who deal with abuse, even in the country – not ours
– where the alleged actions were said to have occurred,v
but there was no evidence that the article's authors had contacted
them.vi
More likely they probably believed that their article would provide
the information needed by those who were able to correct the
situation and the publicity would force them to do so. And the
authors would probably argue that those capable of correcting the
problem were aware of it and didn't act, so that the publicity was
warranted and no purpose would have been served by their going to
those authorities. Moreover they claim the abuse is widespread, and
that it is largely accepted and ignored by all parties.
Perhaps
that is the case. But while the spreading of such information (read
“gossip”) is occasionally permitted – for example when someone
is entering into a relationship that he would avoid if he knew all
the facts – the limitations are severe. In this particular
article, the authors wrote, “it’s long been an open secret that
…,” so it's hard to argue that this article would provide
information unavailable elsewhere. Ideally, however, for such an act
to be justifiable, there should be no better way to deal with the bad
situation than the spreading of that “information.” And,
according to Jewish law, the witnesses to an anticipated specific
criminal act should have first warned the party that the act was
prohibited, and they should have indicated the penalty for it.
Perhaps the authors consider their article to be such a warning,
although neither a particular anticipated offense is named nor is its
penalty specified. Rather, this is the kind of article in which the
accused is guilty. There is no presumption of innocence.vii
Unfortunately, that's the way it is with gossip. There's no
balance. It's all accusation.
We're
all guilty every time we start talking about someone else. Whatever
our goals, whether to hurt someone else or to build ourselves up –
or even to help someone else – it would be better if we found
another way. In the particular case described, the authors might
have spoken with the accused, letting him know the charges that had
been given them, and allowed him to respond to them.viii
That would certainly contribute to fairness and fact-checking. And they might have presented the charges to the appropriate
authorities and let them know that if the charges were true, and
fitting penalties were not applied, this would be revealed to the
reading public. There would be no need to name the accused in such a
story. The responsibility would belong to those in charge. After
all, societies are formed because we are willing to give up some
“rights” in order to gain protection from those who would harm
us. And that harm is not only physical, but may be psychological or
social.
Admittedly,
that approach does not sell newspapers any more than not spreading
gossip builds up the image of the silent one. All it leaves is the
opportunity for someone else to be the bearer of ill tidings.ix
Threatening to expose those in power who are charged with protecting
us but do not do so, however, may be a lot more productive in the
long run. And speaking to someone of perceived offenses –
“chastising the sinner” – may similarly have a greater effect
than spreading rumors. It may not work, but it's worth a try.
Next
episode: “One Mind With But A Single Thought” – To each
his (or her) own.
i Or
at least used to be true.
ii According
to the Chofetz Chayim,
the most important authority on the subject, lashon
hara can best be
described as any speaking about individuals, whether the comments
are favorable or not. Favorable statements may evoke negative
responses and comments by the listener.
iv “is
harmful to” probably conveys the meaning better.
v Although
it is claimed that the kind of abuse about which the article is
concerned is a general phenomenon, happening in many institutions.
vi Nor
could I find any indication that the matter had been discussed by
them with the accused. The article was long and I might have missed
it, but I don't think so.
vii Even
if that should be the case, the retraction will not be as prominent
as the accusation and it certainly won't have the same impact.
viii Perhaps
they did, but it's not at all clear from the article.
ix In
the case of a newspaper story, that means that someone else might
print first. Journalistic ethical standards probably exist
justifying the decision to print first and ask questions afterward –
at least that's the impression I get from the media – but to the
non-journalist it has the appearance of trying to cash in on gossip.
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