This is a case where I suspect that both parties were mis-interpreting the intent of the other party; This American Life does a lot of "artistic" work (e.g. nearly everything by David Sedaris, or David Rakoff), and perhaps Daisey felt that he fit into that model. Likewise, TAL seems to have felt that Daisey was venturing into journalism, even though he's clearly an amateur at it (they make skeptical statements to this effect in the original piece).

That said, I think there's a bright-line distinction between "art" and "fabrication" -- when you present your work as a documentary without disclosing it as a work of fiction -- that Daisey seems to have crossed.

The question isn't "is he a journalist or isn't he" it's "did he lie and intentionally mislead" and the answer is "yes;" his chosen profession has no bearing on this fact.

What really chaps my butt is that he could have told this whole narrative without lying. To wit: clearly present it as a work of fiction, based on fact, and thoroughly footnote the whole thing to real sources. Awareness raised, emotional connection with consumers made, integrity still intact. This is essentially what he did (the issues he cites are real), he just lied about it and said they were his personal experiences, presumably to sell more tickets and get some insta-gravitas.

Oh, come now. You're assuming something critical: that Daisey went into the project representing his work as factual. If he walked into WBEZ and said "hey Ira, this segment is a dramatization of what I encountered in China, but I'm not a journalist, and I don't know all the rules", and the staff ignored that statement, or neglected to fact-check completely, then Daisey has a legitimate defense.

Likewise, if I create a radio show that sounds like an NPR news program, but is actually a fictional simuation of an NPR news program, full of falsehoods and distortions of the truth, am I lying? Technically, yes. But I don't think anyone would hold me to an ethical standard that requires absolute truth in a work of art. And perhaps that's what was going on here (that's certainly Daisey's defense.)

As I said before, I doubt that this is true -- it certainly seems as if Daisey crossed an ethical line with all of his appearances on news programs and whatnot. But there's wiggle room here. There's room for someone else to be wrong.

Here’s a transcript of his appearance on the Ed Schultz show on MSNBC:

SCHULTZ: OK. What did you see?

DAISEY: I saw all the things that everyone has been reporting on. I saw under-age workers. I talked to workers who were 13, 14, 15 years old. I met people whose hands have been destroyed from doing the same motion again and again on the line, carpal tunnel on a scale we can hardly imagine.

SCHULTZ: Making Apple products?

DAISEY: Yes. And making products across the electronics industry. All our electronics are made in this fashion.