In our coverage of the pictures posted by the Associated Press of Lance Corporal Joshua Bernard I called the AP editors who chose to publish the photo liars.  To me the rule they broke was fairly clear.

” … as long as the service member’s identity and unit identification is protected from disclosure until OASD-PA [Office of the Assistant Secretary of Defense, Public Affairs] has officially released the name. Photography from a respectful distance or from angles at which a casualty cannot be identified is permissible.”

The last clause stands on its own.  Embedded reporters may not publish photos prior to notification of the family, and also may not publish them even after notification if the terms of the agreement are violated, i.e., if the casualty or the unit can be identified.

They chose to break the pre-embed agreement they signed, and thus did they lie.  Now the Washington Post is carrying a clarification of the position of the U.S. military and ISAF.

The U.S. military command in eastern Afghanistan on Thursday imposed a new ban on publication of photographs taken by embedded journalists that identify American war casualties.

The restriction is outlined in ground rules for reporters embedded with U.S. forces battling Taliban insurgents in eastern Afghanistan along the Pakistani border. The new rules say that “media will not be prohibited from viewing or filming casualties; however, casualty photographs showing recognizable face, nametag or other identifying feature or item will not be published.”

The new rules mark a change from a broader rule issued Sept. 30 that said, “Media will not be allowed to photograph or record video of U.S. personnel killed in action.”

The restriction on publishing was prompted by controversy over an Associated Press photograph of a mortally wounded Marine. An embedded AP photographer took a picture of Marine Lance Cpl. Joshua M. Bernard during a firefight with Taliban insurgents in Afghanistan’s Helmand province in August, and the AP published the photograph last month over the objections of Bernard’s family and Defense Secretary Robert M. Gates.

“After that incident, we felt that for the sake of the soldier and the family members that was what we needed to do,” said Lt. Col. Clarence Counts, a spokesman for the U.S. military command in eastern Afghanistan. He said the earlier rules “left it too wide open with regard to protecting the soldier and his family members if we had a KIA,” he said, referring to a service member killed in action.

Before the incident, the command’s rules had stated that the news media would not be prohibited from covering casualties provided several conditions were met, including gaining written permission from the wounded before publishing any images that could identify them and waiting until after the notification of next of kin to publish photographs of those killed in action …

The revised ground rules ease the Sept. 30 restriction by allowing casualties to be photographed, but the publication prohibition remains. The new set of rules appears contradictory, though. Another provision permits release of images of wounded troops if they give permission, stating that “in respect to our family members, names, video, identifiable written/oral descriptions or identifiable photographs of wounded service members will not be released without the service member’s prior written consent.”

I had gone on record saying that if I was proven wrong concerning the rules at the time of publication of Joshua’s photo, I would retract my charge that the AP editors are liars.  It appears to me that the “clarification” issued by the military is just that, or in other words, additional wording that makes it unappealing for the media to lawyer their way out an agreement.

I’m still waiting for proof that the rules at the time of the embed didn’t spell it out in enough detail to be damning by itself.  If the AP wants to send me the agreement I will study it and issue a retraction if it can be proven that I was wrong.

Brian Palmer writing at the Huffington Post takes issue with my assessment of the situation surrounding the publication of the photos.  More correctly, he lets the reader make his own mind up concerning whether Joshua’s face is identifiable.  Brian correctly says I “hammered” the AP.  And so I did.  I will hammer anyone who steps on the parents of military men who are fighting our wars in contravention of their signed agreements.

As a final note, Brian says that contributors to The Captain’s Journal have been critical of his own reporting from Iraq.  Well, perhaps, but this isn’t the full story.  Brian’s reporting from Anbar was admirable and informative, but I took issue with his characterization of the rules of engagement (Recon by Fire, otherwise called the Drake Shoot) as potentially killing noncombatants without also acknowledging that the tactic of hiding in a field wouldn’t be used again by the insurgents after this incident.  There are both intended and unintended consequences to every event.

Prior:

Concerning Lance Corporal Joshua Bernard

Publishing the Marine Photo: Remember the Words of Christ