Editors Code Flashcards
How many clauses are there?
16
What are the 16 clauses?
- Accuracy
- Privacy
- Harassment
- Intrusion into grief or shock
- Reporting Suicide
- Children
- Children in sex cases
- Hospitals
- Reporting of crime
- Clandestine devices and subterfuge
- Victims of sexual assault
- Discrimination
- Financial Journalism
- Confidential Sources
- witness payments in criminal trials
- Payment to Criminals
Which clauses can be over-ruled by a Public interest defence?
Privacy, Harassment, reporting suicide, children, children in sex cases, Hospitals, reporting of crime, clandestine devices and subterfuge, and payment to criminals
What does the public interest include?
- detecting or exposing crime / the threat of crime / serious impropriety
- Protecting public health or safety
- Protecting the public from being misled by an action/statement of an individual or org
- Disclosing a person’s or organisation’s failure or likely failure to comply with any obligation to which they are subject.
- Disclosing a miscarriage of justice
- Raising or contributing to a matter of public debate (including serious cases of impropriety, unethical conduct, or incompetence concerning the public interest)
- disclosing concealment or likely concealment of any of the above.
- There is a public interest in freedom of expression itself.
Accuracy
- No inaccurate, misleading or distorted info or images are to be published (including headlines not supported by the text)
- Any misleading/distorted/inaccurate info must be corrected promptly and with due prominence & where appropriate an apology issued
- A fair opportunity to reply to any inaccuracies should be given
- The press must clearly distinguish between fact, conjecture and comment BUT are free to editorialise & campaign
Privacy
- Everyone is entitled to to respect for their private and family life, home, health and correspondence, including digital communications
- Editor’s will be expected to justify any intrusion into a person’s private life without consent - Reasonable expectation of privacy
- it is unacceptable to take photos of someone without their consent in public of private places where there is a reasonable expectation of privacy.
Harrassment
- Journalists must not engage in intimidation, harassment or persistent pursuit
- Must not persist in questioning, telephoning, pursuing or photographing individuals once asked to desist.
- Must not remain on property once asked to leave
- If requested, they must identify themselves and whom they represent.
- Must ensure these principles are observed by those working with them
Intrusion into Grief or Shock
- approaches must be made with sympathy and discretion.
- Publication must be handled with sensitivity
- These provisions do not restrict the right to report legal proceedings
Reporting Suicide
- Avoid reporting excessive detail of method used to prevent stimulative acts
Children
- All pupils should be free to finish their time in school without intrusion
- They must not be approached or photographed at school without permission from school authorities
- Under 16s must not be photographed or interviewed without permission from a custodial parent or similar responsible adult.
- Under 16s must not be paid for material involving their welfare, nor parents/guardians for material about their children or wards, unless it is clearly in the child’s interest.
- Must not use the fame/notoriety/position of a parent as a sole justification for publishing details about a child’s personal life.
children in sex cases
- Must not identify under 16s who are victims/witnesses of sex cases.
In any report about a case involving a sexual offence against a child:
- The child must not be identified
- The adult may be identified
- The word “incest” must not be used where a child victim may be identified
- Care must be taken that nothing in the report implies the relationship between the accused and the child.
Hospitals
- Journalists must identify themselves and obtain permission from a responsible executive before entering non-public areas of a hospital or similar institutions to pursue inquiries.
- Restrictions of intruding privacy are particularly relevant to enquiries about individuals in hospitals or similar situations.
Reporting of crime
- Relatives of the accused/convicted must not be identified without consent, unless they are genuinely relevant to the story.
- Particular regard should be given to under 18s who are witnesses or victims of crimes. - does not restrict the right to report legal proceedings
- Avoid naming under 18s after they have been arrested but before they appear in a youth court unless name is already in the public domain or child has given consent - does not restrict the right to name juveniles who appear in a crown court, or whose anonymity has been lifted.
Clandestine devices and Subterfuge
- must not seek to obtain material by using hidden cameras or clandestine listening devices, intercepting private or mobile phone calls, messages or emails,
- Must not gain info from the removal of unauthorised documents or photos or accessing digitally held info without consent
- Engaging in misrepresentation or subterfuge can generally be justified only through the public interest and then only when the material cannot be obtained any other way.
Victims of sexual assault
- Must not publish material that could lead to the identification of a victim (unless there is adequate justification and they are legally free to do so)
- Journalists are entitled to make enquiries but must take care and exercise discretion.
Discrimination
- Must avoid prejudicial or pejorative references to an individual’s race, religion, colour, sex, gender identity, sexual orientation or any physical/mental illnesses and disabilities
- Details of an individuls race, colour, religion, sex, gender identity, sexual orientation, physical/mental illnesses and disabilities must be avoided unless genuinely relevant to the story.
Financial journalism
- Must not use financial info they receive in advance of its own publication for their own benefit or pass on the info to others - even if the law does not prohibit it.
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confidential sources
- Have a moral obligation to protect confidential sources of info
Witness payments in criminal trials
Don’t pay witnesses for info
Payment to criminals
- Do not directly pay criminals, their friends or families for info which seeks to exploit a particular crime or glamorise crime in general
- Editors invoking the public interest as a defence for making payments must demonstrate that there was good reason to believe the public interest would be served. if no public interest emerged then the material should not be published.