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Arthur Brisbane, NYT Public Editor, Calls For New Editorial Policy Governing The Use Of The Word 'Torture'

Waterboarding

First Posted: 05/16/11 04:57 PM ET Updated: 07/16/11 06:12 AM ET

New York Times Public Editor Arthur Brisbane deserves a lot of credit today for his piece "The Other Torture Debate", in which he notes the mealy-mouthed way his own paper has treated the issue over the years and makes a very worthy suggestion regarding a future editorial path.

With the death of Osama bin Laden providing a new context for the discussion, Brisbane very quickly drills down on the way in which the Times has something of a double standard for when the word "torture" can be used, and when it must give way to trendy euphemism:

The Times published a strong editorial headlined "The Torture Apologists," which argued that while there is no "final answer" to whether information gleaned through torture was instrumental, there could be no justification for using such "immoral and illegal" tactics.

In the news columns, an article by Scott Shane and Charlie Savage began with the question: "Did brutal interrogations produce the crucial intelligence that led to the killing of Osama bin Laden?" In print, the story was headlined, "Harsh Methods of Questioning Debated Again." Online, the headline was quite different and used the "T" word: "Bin Laden Raid Revives Debate on Value of Torture."

And with that, another -- admittedly smaller -- controversy was revived as well: this one concerning how The Times refers to the interrogation methods that were adopted by the Bush administration after 9/11.

The last time this controversy flared, it was in the wake of a study conducted by the Joan Shorenstein Center on the Press, Politics and Public Policy at Harvard's Kennedy School of Government, which found that America's major newspapers (the study examined the Los Angeles Times, the Wall Street Journal, and USA Today along with the New York Times) had abruptly stopped referring to waterboarding as torture in 2004, as its deployment in the "War on Terror" became a part of the public discussion.

The same study found that newspapers were "much more likely to call waterboarding torture if a country other than the United States is the perpetrator." In the New York Times' case, the study found that "85.8% of articles (28 of 33) that dealt with a country other than the United States using waterboarding called it torture or implied it was torture while only 7.69% (16 of 208) did so when the United States was responsible."

Adam Serwer nailed the shift pretty perfectly: "As soon as Republicans started quibbling over the definition of torture, traditional media outlets felt compelled to treat the issue as a "controversial" matter, and in order to appear as though they weren't taking a side, media outlets treated the issue as unsettled, rather than confronting a blatant falsehood."

HuffPost's Michael Calderone, then writing for Yahoo News, obtained a statement from a New York Times spokesperson, who claimed that the study's findings were "misleading." From there, however, the Times' spokesperson basically confirmed Serwer's hypothesis, and made mention of a curious editorial rule governing the use of the word "torture":

However, the Times acknowledged that political circumstances did play a role in the paper's usage calls. "As the debate over interrogation of terror suspects grew post-9/11, defenders of the practice (including senior officials of the Bush administration) insisted that it did not constitute torture," a Times spokesman said in a statement. "When using a word amounts to taking sides in a political dispute, our general practice is to supply the readers with the information to decide for themselves. Thus we describe the practice vividly, and we point out that it is denounced by international covenants and in American tradition as a form of torture."

The Times spokesman added that outside of the news pages, editorials and columnists "regard waterboarding as torture and believe that it fits all of the moral and legal definitions of torture." He continued: "So that's what we call it, which is appropriate for the opinion pages."

As Brisbane makes clear in his piece today, he's both fully fluent in what the Shorenstein Center's study revealed and his paper's specific "one rule for the news, another rule for the opinion pages" policy. With command of the issue well in hand, he makes an excellent suggestion about how to find a "path out of this wilderness."

The Times should use the term "torture" more directly, using it on first reference when the discussion is about -- and there's no other word for it -- torture. The debate was never whether Bin Laden was found because of brutal interrogations: it was whether he was found because of torture. More narrowly, the word is appropriate when describing techniques traditionally considered torture, waterboarding being the obvious example. Reasonable fairness can be achieved by adding caveats that acknowledge the Bush camp's view of its narrow legal definition.

I think that following Brisbane's advice would be an important editorial policy change that would in no way inhibit the paper's objectivity. It makes sense: as the Harvard study demonstrates, terms like "enhanced interrogation techniques" were not invented by journalists. Rather, journalists assented to the use of such terms because one side of "the torture debate" insisting on using them. It's fair to recognize this, but wherever possible, those euphemisms should be attributed to the people who deploy them -- the aforementioned "Torture Apologists." That way, if there must be a "mincing" of words, the mincing never comes in the voice of New York Times reporters.

Arthur Brisbane, good on you!

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New York Times Public Editor Arthur Brisbane deserves a lot of credit today for his piece "The Other Torture Debate", in which he notes the mealy-mouthed way his own paper has treated the issue over t...
New York Times Public Editor Arthur Brisbane deserves a lot of credit today for his piece "The Other Torture Debate", in which he notes the mealy-mouthed way his own paper has treated the issue over t...
 
 
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COMMUNITY PUNDITS
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DRaymond 08:38 PM on 05/16/2011
Actually if there is a consistent policy then three terms are appropriate as there are three concepts.

First there are the techniques that conform to the Army Field Manual and/or FBI guidelines.  These are generally considered humane and no court would regard information from them as being inadmissible because it was coerced.  Since this start of the Obama Administration this has been the  Read More...
08:33 AM on 05/19/2011
FINALLY. Before the US employed waterboarding, EVERYONE called it torture. That now it seems to be defined as such only when some other country does it only furthers that reality.
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Drewood
"Sheep go to hell too. " A.Gote
07:20 PM on 05/18/2011
I'm pretty sure the guy in the picture with the towel on his face would call it torture.
11:47 AM on 05/18/2011
How BRAVE of them, to change the policy now...when public opinion is also changing. Wow, there is the NYT, always ready to bend and follow.
10:18 AM on 05/18/2011
Great. Now if only we can get the media to be consistent with its use of the word "terrorist" and apply it equally to corporations, Western governments and Christian militia too, rather than just Muslims.
02:58 PM on 05/18/2011
Get a grip.
09:44 PM on 05/18/2011
Get a soul.
HUFFPOST SUPER USER
MrsGreebers
09:04 AM on 05/18/2011
The word torture should be used for treatment that the mental health professionals define as torture. They are the experts. Political problem solved.
08:56 AM on 05/18/2011
Bin Laden was not 'found' through torture, or any other method. To 'find' something implies that you had first lost it, and the US military has known exactly where to find Osama for a while. The idea that Pakistan's ISI didn't know he was down the road is preposterous, as is the idea that they wouldn't share that little tidbit with their US masters. He was under their gaze for years, they were waiting for the right time. Obama was in desperate need of a win, bang bang, end of story.

Back on topic, a journalist actually showing a bit of integrity is a damn rare thing, and one that should be loudly and publicly applauded! Lets big up Arthur Brisbane! Write about him on your blogs!
08:49 AM on 05/18/2011
For godssake, anyone who can read Dick and Jane can understand that water boarding is torture. All this parsing of NYT's' usage is unnecessary. Just keep calling them on their failure to call torture torture.
06:26 AM on 05/18/2011
Is he just figuring this out now? The quality of the NY Times has gotten so poor in the last few years. BTW: why does the media call OBL's large house a mansion? Looks like a large dump to me.
01:16 PM on 05/18/2011
Tell you what, we put a fountain out front, paint it gold and put a large neon Trump size on the top and bam - it's an expensive hotel and casino!
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basenji
Dog lover
01:55 AM on 05/18/2011
He should also call for the same in the use of the word "border"' as it's guilty of misusing it continuously in the last few days.

http://www.haaretz.com/print-edition/opinion/israel-was-infiltrated-but-no-real-borders-were-crossed-1.362215
10:06 PM on 05/17/2011
WOW!! I didnt realize the Times HAD a policy on torture--other than perhaps to not employ it except in extreme cases. Do other media outlets torture?? MSNBC? less now that ko is gone....CNBC? not that i know of. Newsweek? well...i dont know any of their employees...
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Si1ver1ock
So long, and thanks for all the fish...
06:58 PM on 05/17/2011
"media outlets treated the issue as unsettled, rather than confronting a blatant falsehood."

Yeah, they do that a lot.
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steve11407
pending approval and won't be displayed until ...
07:24 PM on 05/17/2011
Particularly when it comes to Obama's no economy is a good economy policy.
HUFFPOST SUPER USER
patman77
06:38 PM on 05/17/2011
torture,slavery. according to neocons and confederatecelebrators neither was big deal.
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steve11407
pending approval and won't be displayed until ...
07:25 PM on 05/17/2011
Not too bright, are you?
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Grokenspiel
I grok, therefore I spiel
08:16 PM on 05/17/2011
He looks like a genius next to you, though.
HUFFPOST SUPER USER
Farsha
06:34 PM on 05/17/2011
TORTURE or NOT, this debate may be for American themselves that torture may become a policy and get into even local police system.

Bcoz we know US does torture all around the world and has secret prisons.
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Computer Geek
Logician Atheist Lefty
06:16 PM on 05/17/2011
You say tomayto, I say tomato, let's call the whole thing off.

Shakespeare comes to mind: A rose by any other name would smell as sweet.

Torture is torture no matter whether you call it 'heavy petting' or 'enhanced interrogation techniques'.
This user has chosen to opt out of the Badges program
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06:11 PM on 05/17/2011
I don't know enough about international or US law to say whether waterboarding is "torture," but it seems to me the real question is whether we want our military and intelligence agencies using it as an interrogation technique whether it's technically torture or not.
HUFFPOST SUPER USER
yatahayaz
06:33 PM on 05/17/2011
Apparently it was enshrined enough in international law following WWII to allow us to hang the Japanese generals that condoned waterboarding. The previous administration engaged in violations of international law that America is a signatory to. The Obama administration turned its back on that law when it allowed the criminal perpetrators to not only escape charges, but continue to live an exalted post-government existence.
Thus both administrations are complicit in flaunting international law. As a high school teacher I always taught my civics classes we are a nation of laws; and this set America apart from the rest of the world. I no longer teach that lie.
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Si1ver1ock
So long, and thanks for all the fish...
07:00 PM on 05/17/2011
Sharp and to the point. NYT should hire you!
11:45 PM on 05/17/2011
Excellent post.
SapientiaAudit
Tempus Dicit, Sapientia Audit.
08:44 PM on 05/17/2011
http://en.wikipedia.org/wiki/United_Nations_Convention_Against_Torture

'Article 1 of the Convention defines torture as:

Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.'

That's what the treaty we signed, which is under the Constitution U.S. law, defines torture as. I believe that waterboarding inflicts, at the very least, severe mental suffering and therefore qualifies as torture. Not having been waterboarded I don't really know, but I'd imagine that being made to feel like one is drowning over&over&over would inflict rather sever mental suffering, don't you?
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09:23 PM on 05/17/2011
My point is that defining it as torture, or not defining it as such, isn't as important as determining whether we should or shouldn't be doing it. If someone were to demonstrate to me that it doesn't fall within some technically legal definition of torture, I'd still say we shouldn't be doing it.