By Gabriel Princewill-
The introduction of new laws starting in parliament to ensure zero tolerance in relation to the sharing of explicit images may be vital in the wake of the latest revelation that BBC radio presenter, Stephen Nolan(pictured) sent explicit sexual images to Stephen Bear.
This is despite his apology last week, which does not address the pervasiveness of the problem in the media industry, which ought to stand as a bastion of acceptable standards to society.
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The Irish Times reported that recipients of the messages responded in different ways, one was shocked and offended by both messages while another replied in a follow up on the thread: “There’s another one for the tribunal”.
The world of media, with its far-reaching influence and power, has recently come under scrutiny for instances of inappropriate behavior by prominent figures. The case of BBC presenter Stephen Nolan sending explicit images to colleagues is just the tip of the iceberg.
Other cases of alleged impropriety include that of Huw Edward who reportedly paid a 17 year old girl £35 for nude pictures of herself, and allegations that GB television presenter, Dan Wooton, offered tens of thousands to colleagues and celebrities for nude pictures of themselves, including intimate pictures of a colleague at The Sun Newspaper having sex, without the knowledge of the other.
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Strictly speaking, the sending of sexual explicit images to another party is neither illegal nor unethical if it is an established fact that the other party welcomes such material being sent to them. Under such circumstances most legal experts agree the act becomes a private matter between the two parties, which becomes nobody’s business, albeit, deplorable conduct.
And while such actions can subjectively be deemed immoral or indecent, accountability only arises once a complaint is made, with no objections from the recipient of the explicit material.
However, some experts believe that a statutory approach is necessary to avoid the web of confusion that can arise where some attach weight to the absence of criminality in the act.
A statutory law can ensures that the media industry upholds its ethical responsibilities and sets an example for other sectors.
The unsettling trend of explicit behavior among media personalities is believed to showcase a culture of disregard for profession
Texts and documents leaked to the Irish News revealed that Mr Nolan demanded, “I want Bear!” after sending the pictures in November 2016.
“If I don’t get Bear tomorrow night I’m sending more bear photos,” he allegedly said in another message after what one complainant said was “a deliberate attempt to undermine and embarrass me”.
Bear, who had just won Celebrity Big Brother, had also been successfully booked on the Nolan Live TV show, and the two men later posed in their underpants in front of a live audience in footage of Mr Nolan’s show, which is still on the BBC website.
Critics felt Nolan deserved discipline comprising of either suspension or expulsion, but others
One BBC insider told The Eye Of Media.Com on the basis of anonymity that the complexity of the problem lies in the absence of a law covering the matter
Media bosses are responsible for establishing and enforcing internal regulations that promote ethical conduct in their organization, but the recent spate of revelations of deplorable conduct by big shots in the media, raises questions about the effectiveness of these regulations.
Many competent professional analysts on The Eye Of Media’s thinktank believe a zero tolerance approach to explicit behavior within the media industry is imperative.
Discussing the issue, Fabian Nwurah told The Eye Of Media.Com: ”Influence, allegiance, and the culture of silence can all prevent proper accountability within media organizations.
”Enshrining a zero tolerance policy in law to certain conduct will shift the onus from internal mechanisms to a higher legal authority. This can help ensure that no matter the status or influence of the individual, explicit behavior will be met with swift and unambiguous consequences.
”The media’s role in shaping public discourse and perceptions cannot be understated. It is essential that media organizations maintain the highest standards of professionalism to ensure their credibility remains intact. This may require asking parliament to establish which conduct should tolerable in the work place.
A problem that may be encountered is the fact many Mps have also displayed a low moral compass on several occasions, but collectively they know what should be law if they consider it carefully”
‘Inaction by Mps on this matter could be seen as tacit complicity in the bad practice of unrestrained behaviour in the workplace, but areas of law covering this area usually centers on criminality. when no criminality is established , many bosses will find it fit to decide how to deal with the matter privately.
‘One key issue here is whether the messages sent were sent during working hours or outside workers. It is not clear when the images were sent, but another issue here is whether it was welcomed by Mr Bear himself”
A zero tolerance approach to unacceptable explicit behavior within the media industry is now considered imperative by analysts, but some whether certain conduct is acceptable to another individual is also important.
‘Influence, allegiance, and the culture of silence , are all considered big factors in preventing proper accountability within media organizations.
Integrity
Analysts believe that introduction of new laws addressing explicit behavior would not only restore integrity but also rebuild public trust that may have been eroded by recent revelations.
Calls for legislative bodies like parliament to step in and address the issue are expected to come soon from some lobbying groups, but there are expected to be push backs.
The fact that the target of the explicit images, Bear, was sentenced to 21 months this year for two counts of revenge porn and one of voyeurism after circulating footage of his former girlfriend, Georgia Harrison, later won £200,000 compensation, engaged in sexual activity, highlights the the seriousness of the issue.
However, in the absence of a complaint from Bear, who himself has indulged in worse activities, the view that Nolan’s actions do not warrant disciplinary measures of any sort is espoused by some observers.
Texts and documents leaked to the Irish News revealed that Mr Nolan demanded, “I want Bear!” after sending the pictures in November 2016.
One BBC insider anonymously told this publication: ”the problem is that when certain conduct does not fall within the ambit of criminality, some bosses will feel they have leeway to quietly advise the individual who has committed the misconduct not to repeat the act, but they will be very reluctant to loose their cash cow. After all, the media is also a business”.
“If I don’t get Bear tomorrow night I’m sending more bear photos,” he allegedly said in another message after what one complainant said was “a deliberate attempt to undermine and embarrass me”.
Bear, who had just won Celebrity Big Brother, was successfully booked on the Nolan Live TV show, and the two men later posed in their underpants in front of a live audience in footage of Mr Nolan’s show, which is still on the BBC website.
Now, many observers are appalled that Nolan, who is also a presenter on BBC Radio 5 Live, was allowed to present his morning show on Radio Ulster on Tuesday without addressing the fresh allegations against him.
Some people hold the view that Nolan’s actions were innocuous, especially if the man to whom he sent the sexually explicit messages to is that way inclined too.
The problem the BBC find here is the lack of transparency that addresses unfavourable perceptions with respect to boundaries and ethically accepted standards, much if which seems to be dwindling away in some corridors of the media these days.
As revelations of similar transgressions by others in the media industry have recently surface, the urgency to establish new laws prohibiting such conduct is becoming stronger.
More worrying for many others is the revelation that complaints made by staff in the past have yielded nothing substantive, and two other staff members reportedly received counselling for work-related stress, with one being referred to a psychiatrist, adds to the disturbing issues worthy of serious consideration.
The official response from Adam Smyth, the director of BBC Northern Ireland, to the reports of the explicit photos and reports of an intense and stressful culture on Nolan’s shows raises concerns because it does not show a boss taking these allegations seriously enough.
Smyth, on Wednesday implicitly pitted the notion of confidentiality with that of public interest, when he said:
“There are important considerations of fairness and confidentiality involved in the handling of any workplace-related complaint. We take these obligations seriously”, he said.
Yet, what Mr Smyth sees as constituting seriousness does not cut it with those in favour of an accountable workplace.
Critics are concerned that sending of explicit images without restraint or credible deterrence, predisposes vulnerable staff to all manner of abuse in any organization because those at the helm of an organization can sexually torment their subordinates.
The alarming lack of ethical boundaries in many sections of the media, where power, money, and influence are too often the determinant factor in whether full accountability will be ensured when necessary.
New laws addressing the matter may be the answer.
The BBC Northern Ireland was today asked whether it believes a law should be brought in to address how explicit images sent in the work place is dealt with , or whether internal mechanisms should suffice.
The broadcaster declined to comment.
A documentary in which BBC presenter Stephen Nolan visits one of Northern Ireland’s main prisons is among a number of programmes highlighted by the BBC ahead of their upcoming autumn season.
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