Did French media put lives at risk?

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Armed French police take up position near the scene of a hostage taking at the HyperCacher kosher supermarket in Porte de Vincennes, ParisImage source, Getty Images
Image caption,
Armed police were called to the siege at the HyperCacher supermarket

How far can broadcast journalists go in live coverage of terrorist incidents when their reports might influence the course of events or even endanger lives?

In France, the question has particular relevance after two legal investigations were launched into media organisations over their handling of the January attacks in Paris.

In one case, six people who hid in the cold room at the HyperCacher supermarket have taken legal action claiming that live broadcasts could have tipped off the gunman Amedy Coulibaly to their presence.

In the second, Lilian Lepere - who hid beneath a sink at the print works where the Kouachi brothers were eventually cornered - says his life was jeopardised by reports of an employee on the premises. Had the terrorists been listening, they could have sought him out and killed him.

In both cases, the Paris prosecutor's office has opened preliminary investigations.

If it feels there is enough evidence, then several radio and television stations could be brought to trial.

Beyond the purely legal aspect, there are huge ethical questions at stake.

Image source, France2
Image caption,
The details released by media presented a major threat to Lilian Lepere, his lawyer says

In recent years, technology has made possible the instant reporting of dramatic and often tragic events.

As the shootings in Virginia on Wednesday showed, criminals or terrorists now regularly factor in the media when they plan their actions.

By providing regular coverage, are broadcasters falling in with their game plan?

In the event of a fast unfolding situation like the January attacks in Paris, should broadcasters be made to sit on information? Should they defer to a police censor in case they say something dangerous?

And should they hold back on certain images, even when the same images may be freely circulating on the social media, after being taken by a private citizen on his mobile phone?

In fact, French broadcasters already feel themselves to be unfairly under attack over the January events, after they were nearly all delivered formal warnings from the state watchdog, the CSA.

Some were chastised for revealing the presence of the hidden hostages, some for showing distressing images, some for reporting the start of the shootout at the print works when this might have tipped Coulibaly into carrying out a massacre.

According to the lawyer Patrick Klugman, who represents the HyperCacher six: "We need to look much more closely at the chain of decision-making in the broadcast media.

"The way they function when there is breaking news is an actual encouragement to crime."

Image source, Getty Images
Image caption,
The Kouachi brothers killed 12 people

The live broadcasters are united in rejecting the decision of the CSA and have filed an appeal at the State Council (the highest administrative court).

In an open letter, the news editors of 14 organisations - private and public - asked: "How in the light of these sanctions can we continue to inform? In what other major democracy are the media brought to book for recounting events in real time?"

Herve Beroud, who is head of news at BFMTV, told me the rebukes were unfair and counterproductive.

"If the responsible, organised media - the ones with chains of command and professional reporters - if they are the ones who are punished and made to self-censor, then what will happen is that viewers will go elsewhere: to the social media and the internet, where there is no control on content whatsoever," he said.

"We put out 70 hours of live broadcasting non-stop in January. There was one mistake of 23 seconds, when we revealed that there were people in the cold room.

"That was an error, and we admit it. But beyond that there were no factual mistakes. And we held back from broadcasting a load of information that we had - because we felt it was unethical. Like the interviews we had with the gunmen."

Success unlikely

Legal experts feel there is little chance the cases being brought in the courts will succeed.

Media lawyer Christophe Bigot told me that there was simply too little evidence that the reports had put lives in danger.

"But it's an alarm signal," he added.

"Of course journalists will continue to cover live terrorist events, but maybe they will be more careful when lives could be at risk."

At BFMTV Mr Beroud said the procedures that had been in place in January had worked fine, and still worked today.

"When the film of the Virginia shootings came in yesterday, we viewed it and made a decision: 'No.'

"Before any sensitive piece of information is broadcast, our journalists know to refer it up the editorial chain.

"But it is true. Since the events in January, we all have a little bulb in our heads that says, 'Be extra careful.'

"The new technology has created awesome new possibilities for journalists.

"But it also means we have extra responsibilities every time we press the red button."

Charlie Hebdo offices:

  • Charlie Hebdo editor and cartoonist Stephane "Charb" Charbonnier, 47, who had been living under police protection since receiving death threats
  • Cartoonists Jean "Cabu" Cabut, 76, Bernard "Tignous" Verlhac, 57, Georges Wolinski, 80, and Philippe Honore, 73
  • Elsa Cayat, 54, psychoanalyst and columnist, the only woman killed
  • Economist and regular magazine columnist Bernard Maris, 68, known to readers as Uncle Bernard
  • Michel Renaud, who was visiting from the city of Clermont-Ferrand
  • Mustapha Ourrad, proof-reader
  • Police officer Ahmed Merabet, 42, who was shot dead in a nearby street after the attack
  • Frederic Boisseau, 42, caretaker, who was in the reception area at the time of the attack (his photo has not been released)
  • Franck Brinsolaro, 49, a police officer who acted as Charb's bodyguard (his photo has not been released)

Montrouge shooting

  • Clarissa Jean-Philippe, 27, was the policewoman killed in the suburb of Montrouge

HyperCacher supermarket:

  • Yohan Cohen, 20, worked at the kosher supermarket
  • Philippe Braham, 45, was a business manager for an IT company
  • Yoav Hattab, 21, was a student and the youngest supermarket victim
  • Francois-Michel Saada, 64, was a former pension fund manager