Tuesday 8 March 2011

PCC Code of Practice

16 clauses of code of practice:

ClauseDetails
Accuracy
  • Publishing inaccurate, misleading or distorted information/pictures
  • Must distinguish between comment, conjecture and fact
Opportunity to reply
  • Fair opportunity to reply to inaccuracies
* Privacy
  • Respect for private/family life, home, health and correspondence (inc. digital communication)
  • Unacceptable to photograph individual in private place without consent
* Harassment
  • Engaging in intimidation, harassment & persistent pursuit
  • No questioning/photography when asked to desist
Intrusion into grief/shock
  • Cases involving personal grief/shock must have sympathy approach with suitable discretion
  • Avoid excessive detail about method used in suicide
* Children
  • Young people should be free to complete school without intrusion
  • Under 16s need adult consent to do interviews/photographs when involving issues of their/another child's welfare
  • Minors must not be paid
  • Fame/notoriety/position of parent doesn't justify publishing details of child's private life
* Children in sex cases
  • No identification of victims of sex offences under 16
  • The word 'incest' can't be used where child may be identified
  • No implications the child is responsible
* Hospitals
  • Obtain permission from executive before entering non-public areas of hospital (or equivalent)
* Reporting of crime
  • Relatives/friends of convicts should not be identified without consent unless relevant to story
  • Particular regard to vulnerability of children who are witnesses/victims
* Clandestine devices and subterfuge
  • Must not seek to obtain/publish material acquired via hidden cameras, clandestine listening devices, intercepting phone calls
  • No accessing unauthorised digitally-held private information without consent
  • Engaging in misrepresentation/subterfuge (inc. by agents or intermediaries) can only be justified in public interest
Victims of sexual assault
  • Press not likely to publish identites of victims or material likely to contribute to identification
Discrimination
  • Avoid prejudicial reference to an individual's race, colour, religion, gender, sexual orientation or physical/mental illness or disability
  • Irrelavent details to be avoided
Financial journalism
  • Must not use financial info they recieve in advance of general publication for own profit
  • No writing about shares/securities in whose performance they know without disclosing interest to the (financial) editor
  • Must not buy/sell shares or securities which they have recently written about or intend to
Confidential sources
  • Moral obligation to protect confidential sources of information
Witness payments in criminal trials
  • No payment/offer to a witness in any case once proceeding are active
  • Contempt of Court Act 1981
  • Any payment/offer made even if prior to start of court proceedings must by disclosed to prosecution and defence
  • Witness must be advised on their requirements
* Payment to criminals
  • No direct payment (or via agents) of material which seeks to glorify crime in general or exploit a particular crime
  • No payments to convicts, confessed criminals or their associates
  • Editors must demonstrate reasonable public benefit for publishing material under this issue 


The public interest:
  • May be exception to clauses marked with *
  • Detection/exposure of crime or serious impropriety
  • Protecting public health and safety
  • Preventing public from being misled by action/statement of an individual or organisation
  • Freedom of expression
  • When public interest invoked, editors required to defend why they think public interest was served
  • PCC considers extent material is already in public domain/will become so
  • When involvement of under 16s, exceptional public interest must be demonstrated to over-ride normally paramount interest of the child

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