Mirko Bagaric: Mining community can gain from media frenzy

The next chapter of the miraculous survival of Todd Russell and Brant Webb is likely to be far less uplifting than their rescue. Attention will now turn to the manner in which they tell their story to a country that held its breath as it counted down the metres while the drills made their slow journeys to their tomb nearly a kilometre beneath the earth's surface.

The miners will be offered hundreds of thousands of dollars by hungry media outlets trying to outbid each other for the exclusive right to tell their story.

The miners will quickly have to decide whether they will relieve a media entity of a sizeable chunk of money or tell their story to all and sundry, thereby ensuring that it will reach all Australians, eager to learn more about their incredible experience.

Should the miners cash in on their misfortune? In short, they should pocket as much loot from the cashed-up media outlets as possible, but then spread a fair bit of it around to those most adversely affected by the their ordeal.

If the miners played it straight and refused payment for the exclusive right to broadcast their story, they would set a refreshing precedent, which would buck the recent irritating trend of "celebs" selling the right to publish their images.

The miners, however, do not have a duty to set an example which will reverse this selfish trend.

The capacity to sell your story to the highest bidder is merely an inevitable by-product of living in a market economy.

We live in an increasingly materialistic world. Many things are now commodified, ranging from water, personal exercise training and even images of famous people. The message is "no pay, no use".

A person's story is simply another commodity.

Normally the story is not that interesting and hence has no value in publication terms. But some people have sufficiently unique, extreme or inspiring stories to tell that can captivate the rest of us.

The rarity of the event makes it valuable - just your typical supply-and-demand equation at work.

How or why that story is rare does not matter in terms of a person's capacity to sell it and unashamedly pocket the proceeds.

The rare event can occur as a result of a long-term (normally successful) commitment to a particular goal (for example sports stars and politicians) or sometimes it is just a happenstance, as is the case with the miners.

The miners at least have a genuine story to tell, unlike most celebs engaging in yet another tiresome "Look at me, me, me."

Moreover, the media outlet that tells their story will make a lot of extra money. And in the tussle for the extra revenue with a media outlet, the miners win hands down.

The pain and despair that underpin the story was experienced solely by the miners. So good luck to them in negotiating the best price possible.

This does not mean that it is appropriate to sell any story. There is one limit. It stems from the fundamental legal and moral principle that "no person should benefit from his or her criminal wrongdoing".

This principle was perhaps given its strongest expression in a late 19th-century United States legal case (Elmer's case), when a grandson who killed his grandfather was prevented from benefiting under his will, even though he was named as the beneficiary.

This principle explains why in many jurisdictions criminals can no longer profit by recounting their exploits in a book.

There is another aspect to this saga of the miners. While they don't have a legal obligation to share their newfound wealth with others, morally it is a different story.

The world is a better place if benefits and burdens are distributed with regard to, and commensurate with, a person's merit or desert. This has an important role to play in ensuring that we live in a just and fair society.

If benefits and burdens were randomly distributed we would have little reason to strive hard to succeed or to avoid engaging in harmful conduct.

A heavy burden has been cast on many people as a result of the rockfall that nearly buried the miners. The highest price was paid by their dead colleague Larry Knight.

The heroic effort of rescuers who worked around the clock at considerable personal risk to their safety cannot be overstated.

The miners should distribute part of the proceeds from the sale of their story to the Knight family and their rescuers.

They should also consider the Beaconsfield community. A community has been forged by a rockfall and it could be strengthened by the miners' windfall.

* Professor Mirko Bagaric is on the staff of Deakin Law School and is the author of How to Live: Being Happy and Dealing with Moral Dilemmas. (University Press of America, 2006).