REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO NEWS BULLETINS AND CURRENT AFFAIRS PROGRAMMES

CURRENT AFFAIRS PROGRAMMES

SUBSIDIARY LEGISLATION 350.14

REQUIREMENTS AS TO STANDARDS AND

PRACTICE APPLICABLE TO NEWS BULLETINS

AND CURRENT AFFAIRS PROGRAMMES

17th October, 2008

GOVERNMENT NOTICE 896 of 2008, as amended by Legal Notice 88

of 2012 and Act XI of 2018.

The title of these requirements is the Requirements as to

Standards and Practice applicable to News Bulletins and Current

Affairs Programmes.

SECTION 1

Introduction

Preamble

1.1

The Broadcasting Authority is the legal guardian over the

impartiality and accuracy of news and current affairs programmes

in terms of article 119 of the Constitution of Malta as well as the

Broadcasting Act of 1991, as amended, now Chapter 350 of the

Laws of Malta.

1.2

Radio and television broadcasters are required to provide

news and current affairs programmes that should be presented with

due accuracy.

1.3

The Authority has to ensure that a broadcaster preserves

due impartiality in respect of matters of political or industrial

controversy or current public policy.

1.4

The right for private and family life and the right of

freedom of expression and information should be preserved and

respected.

1.5

The Broadcasting Authority must seek to ensure that the

provisions of this document are consistent with the principles of

the Constitution and applicable legal instruments.

1.6

These Requirements as to Standards and Practice have

been made by the Broadcasting Authority in virtue of article 20(3)

of the Broadcasting Act, Chapter 350 of the Laws of Malta.

SECTION 2

Definitions and Interpretations

Definitions and Interpretations

2.1

News

2.1.1 The sole criterion for the inclusion of any item in a news

bulletin is its news value. News can be defined as tidings, new

information or fresh information. News values usually cited

include: timelines, proximity, prominence, magnitude, impact,

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conflict and oddity. As such, a news item which is essentially a

repetition or simply constitutes a rehash of a news item already

featured in a previous edition of a news bulletin cannot be justified

for inclusion in a news bulletin.

2.1.2 A broadcaster may produce news items about any subject

or issue he/she chooses. This freedom of choice is subject to the

fulfilment of the obligations to ensure fairness and respect for

truth.

2.1.3 This notwithstanding, comments are considered to be

admissible as long as

i.

they are directly connected with the unfolding story;

ii.

they are accurate, factual and ethical;

iii. they are balanced; and

iv.

depending on the nature of the news item, informed

opinions are sought.

2.1.4 It is the responsibility of the Head of News to decide

what constitutes news value.

2.2

Public Interest

2.2.1 Public interest is not to be confined within narrow limits.

Whenever a matter is such as to affect people at large, so that they

may be legitimately interested in, or concerned about, what is

going on, or what may happen to them or others, then it is a matter

of public interest on which everyone is entitled to make fair

comment.

2.2.2 Any act that relies upon a defence of public interest must

be proportional to the actual interest served. Examples of how the

public interest may be served by the media include

i.

detecting or exposing

crime

or

a

serious

misdemeanour;

ii.

protecting public health and safety;

iii. preventing the public from being misled by some

statement or action of an individual or organisation;

iv.

exposing significant incompetence in public office.

2.2.3 The involvement of minors and other vulnerable persons

(such as the elderly, disabled persons, etc.) requires special

attention so as to provide for their protection and safety. When

minors are involved broadcasters should treat their physical, mental

and emotional health as being of paramount importance. News

editors should demonstrate an exceptional public interest to

override the normally paramount interest of these persons.

2.2.4 The onus shall be upon the journalist and broadcaster

concerned to justify any departure from the requirements indicated

in this document on the grounds of public interest.

2.3

Current Affairs

2.3.1

For the purposes of this document, “Current Affairs”

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means a programme which contains an explanation and/or analysis

of current events and issues, including material dealing with

p o l i t i c a l o r i n d u s t r i a l c o n t r o v e r s y o r w i t h p u b l i c p o l i c y.

Programmes should offer viewers and listeners an intelligent and

informed account of issues that enables them to form their own

views. This is achieved by current affairs programming which

examines in depth the background of events, providing

information, expert analysis, informed comment and open

discussion.

2.4

Broadcaster

2.4.1 A broadcaster is any person or company licensed in terms

of the Broadcasting Act to broadcast by radio or television. The

broadcaster shall be responsible for ensuring compliance with the

provisions of this document by the station’s staff, including

journalists, editors, producers and presenters.

2.5

Head of News

2.5.1 Without prejudice to the editor’s responsibility under the

Press Act, any reference in this document to the Head of News

means the person entrusted with the legal responsibility for the

newsroom of the broadcasting station concerned. Such person shall

be answerable for any decisions taken concerning the content of

news bulletins and /or current affairs programmes transmitted by

the said station.

2.6

Minor

2.6.1 For the purposes of the provisions of this document, a

“minor” is a person who has not yet reached the age of 18.

2.7

Public Capacity

2.7.1 Public capacity includes persons holding public offices,

public figures and other persons who although not public officers

are in the public limelight such as chairpersons and members of

public corporations and government owned companies, officials of

trade unions, employers associations and other similar

organisations, and Church authorities.

SECTION 3

Integrity and Responsibility of the Broadcaster

Integrity and Responsibility of the Broadcaster

3.1

Journalists and broadcasters must guard their own

integrity and credibility in order to be able to act freely and

independently of forces which may exert undue influence and

impair free and balanced judgement.

3.2

Officials in a political party should not be involved in

news-gathering, production and presentation of news.

3.3

Sponsorship should never influence editorial activity,

contents and presentation. Journalists must not accept commissions

or give in to these seeking publicity for commercial purposes.

Editorial favours must not be promised in return for

advertisements.

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3.4

Errors must be quickly acknowledged and publicity

corrected.

SECTION 4

News Bulletins

Accuracy and Impartiality

4.1

Opinion should be clearly distinguished from fact.

As such, opinions and comments on news items should

only follow an accurate report on the facts and should respect the

requirements listed in sub-paragraph 2.1.3 above.

4.2

The Broadcasting Act demands that the Broadcasting

Authority secures due impartiality on the part of a broadcaster in its

news bulletins so far as matters of political or industrial

controversy or current public policy are concerned.

4.3

A broadcaster should ensure that principal divergent

points are reflected in a single news bulletin when the issue

involved is of a current and active controversy. Editorial judgement

can be used when it is not possible to include all views in a single

news bulletin.

4.4

It shall not be permissible for the broadcaster to claim

that news bulletins on other channels will ensure that opposing

views will be heard. A news bulletin should consist of a mix of

active and passive reports. It should avoid looking like a notice

board and, more importantly, as if it forms part of an organisation’s

propaganda machine.

4.5

In dealing with major matters of controversy, a

broadcaster must ensure that justice is done to a full range of

divergent views and perspectives during the period in which the

controversy is active.

4.6

Regarding matters of political or industrial controversy or

current public policy, the Broadcasting Act requires that any news,

given in whatever form, must be presented with due accuracy and

impartiality.

4.7

A news bulletin should comply with the following

standards

i.

news should be presented with accuracy and without

bias;

ii.

news should not be editorial;

iii. news should not be selected for the purpose of

furthering or hindering either side of a controversial

public issue; and

iv.

news should not be designed by the beliefs, opinions

or desires of the broadcaster or others engaged in its

preparation or delivery.

4.8

A news item has to be factual or at the very least based on

fact. Conjectures, distortions, remarks, opinions, judgements or

convictions should not be allowed whether they are termed as

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comments or opinions and whether they are related to the item in

question or not simply because they can - and usually do - mislead

the audience and lead to confusion as to whether the so -called

comment/opinion is what the station/newscaster thinks or whether

it resulted from the fact being reported.

4.9

Editorial opinion shall be clearly labelled as such and

kept entirely distinct from regular broadcasts of news bulletins.

4.10 Combinations of semi-fabricated news items, without

care for accuracy solely aimed for partisan propaganda shall be

prohibited.

SECTION 5

Location Reporting

Location Reporting

5.1

When making on location reports journalists shall be

allowed the facility and freedom to make a remark, a description or

a professional unbiased judgement of a happening, or a note of

interpretation to further illustrate / enhance the presentation of a

breaking story provided that the reporting does not breach the

standards and practice requirements set out in this document or in

other codes, whether of the Authority or otherwise, aimed at

journalists.

5.2

Location reporting calls for due regard for accuracy,

absence of bias, non-intermingling of news and editorial comment,

avoidance of distortion and sensationalism, respect for privacy and

avoidance of conflict of interest.

5.3

If a reporter expresses a professional, journalistic

judgement, such judgement must be recognized as perceptive and

fair and not as a personal opinion. The audience should not be able

to gauge the personal views of the presenters and reporters on

controversial issues of public policy.

SECTION 6

Reconstruction Material

Reconstruction Material

6.1

Any simulation of an event in a television news bulletin

or news flash should either be subtitled, indicating clearly that the

pictures are not actual and there can be no reasonable possibility

that it could be taken to be original footage. When using footage,

the broadcaster should clearly indicate whether it is fresh or

archive material. Certain techniques, such as running footage in

slow motion or repeating the images, must be used sparingly and

only when required to stress a point or highlight a given action.

Also, respect must be shown to the subject in such footage;

unsavoury human practices/habits should not be screened at all, let

alone in slow motion and/or repeatedly.

6.2

By reconstruction material is meant only those cases of

dramatisation in the news or in a current affairs programme which

depict in a dramatised fashion facts which would have actually

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occurred but it does not include allegations concerning anybody or

hypothetical events. For instance, evidence tendered in court can be

dramatised provided that it is factual as to the evidence tendered by

the witness. Dramatisation in the news and in current affairs

programmes which is not factual is prohibited.

6.3

When a programme is broadcast in the Maltese language

the word ‘Drammatizzazzjoni’ should be screened whilst in the

case of programmes broadcast in the English language the words

‘Dramatised Reconstruction’ should appear on screen.

SECTION 7

Media Releases

Media Releases

7.1

Media releases should be evaluated on the merits of their

news value. Moreover, rather than just quoting verbatim from

media releases, the broadcaster should seek that the person/

organisation issuing such release appears on camera or on sound.

7.2

Where a media release is issued in reaction to an earlier

event or statement which had not been previously reported by the

station concerned due to its lack of news value, it shall be the duty

of the said station to provide an account of the original release

together with the reaction thereto.

SECTION 8

Rights of Respect and Privacy

Rights of Respect and Privacy

8.1

Everyone is entitled to respect for his or her private and

family life. People in the news and persons holding office in public

life are entitled to protection of their privacy except in those cases

where their private life may have an effect on their public life.

8.2

There are occasions when the individual’s right to respect

for private and family life must be balanced against the public

interest.

8.3

When covering events in public places, journalists,

editors and producers must exercise due diligence when reporting

on statements or action heard or noticed while ensuring the

individual’s right of privacy is respected.

8.4

The subject’s permission must be obtained when using

material from closed-circuit television cameras of which the

individual is unlikely to have been aware. However, when it is in

the public interest to use footage such as in the case of the exposure

of crime or gross negligence in the management of public affairs,

then the subject’s permission is not required.

8.5

The news service provider should consider carefully

whether unfairness to the person/ persons portrayed results from re-

use of news material in later and different programme contexts.

8.6

Then individual’s right to privacy at times of

bereavement and extreme distress must be respected. Particular

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care should also be taken where personal tragedy is involved.

8.7

Generally, close-up of victims should be avoided, if

necessity does not demand otherwise, such as to help police

identification. The names of the victims, before next-of-kin are

informed, should not as a rule be broadcast.

8.8

Scenes of human suffering and people in distress are

often an integral part of news reportage of natural disasters,

accidents or human violence. Before presenting such scenes a

producer needs to balance the wish to serve the needs of truth

against the risk of sensationalism. A prior announcement should be

made to warn that the subsequent scenes might not be suitable for

viewing by children or impressionable persons.

8.9

Persons accused of criminal matters should not be

projected as if they are already found guilty. Trial by the media

before any court judgement is delivered should be avoided at all

times. Care should be taken to avoid broadcasting repetitive

footage that might prejudice the accused’s right to a fair trial. When

reporting on arraignment, the principle of presumption of

innocence must be fully respected. The same treatment meted out

to persons on arraignment shall likewise be meted out when

judgement is pronounced.

8.10 The location of a person’s home or family should not

normally be revealed unless strictly relevant to the behaviour under

investigation.

8.11

Filming and recording in institutions

8.11.1 When permission is received to film or record material in

an institution, which has regular dealings with the public, but

which would not normally be accessible to cameras without such

permission, it is very likely that the material will include shots of

individuals who are themselves incidental, rather than central,

figures in the programme.

8.11.2 The question arises as to how far and in what conditions

such people retain a right to refuse to allow material in which they

appear to be broadcast. As a general rule, no obligation to seek

agreement arises as to when the appearance of the persons shown is

incidental and they are clearly random and anonymous members of

the general public.

8.11.3 When their appearance is not incidental, where they are

not random and anonymous or where, though unnamed, they are

shown in particularly sensitive situations (for example as

psychiatric patients, prison inmates or disabled persons), individual

consents to use this material should be sought.

8.11.4 When by reason of disability or infirmity a person is not

in a position either to give or to withhold agreement, permission to

use the material should be sought from the next of kin or from the

person responsible for his/her care.

8.11.5 Any exception is justifiable when this is manifestly in the

public interest.

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8.12

Filming on police operations

8.12.1 When permission is given to film police or similar

official operations of any kind, involving members of the public in

other than public places (e.g. visits to homes under warrant, raids

on licensed premises, etc) it is the responsibility of the producer or

senior crew-member to stop filming or to leave premises if they are

asked to do so by persons in authority.

8.13

Fairness to innocent parties

8.13.1 Where innocent parties are central figures in any news

b u ll e t i n , s p e c ia l c a r e sh o u l d b e t a k e n n ot t o p r e s e n t i t e m s

concerning serious crimes, a tragic event or disaster in an unfair

light. Arguments of public interest would be relevant, for example,

where questions of a possible miscarriage of justice arise or where

major legal, social or moral principles are at issue.

8.14

Hidden microphones and cameras

8.14.1 The use of hidden microphones and cameras should only

be considered where it is necessary to the credibility and

authenticity of the story. The use of hidden recording techniques

can be unfair to those recorded as well as an infringement of their

privacy. In such a case, the journalist must always seek the explicit

consent of the Head of News.

8.14.2 When recording does take place secretly, the words or

images recorded should serve an overriding public interest that

justify

i.

the decision to gather the material

ii.

the actual recording

iii. the broadcast

8.14.3 An unattended recording device should not be left on

private property without the full and informed consent of the

occupiers, unless seeking such permission might frustrate the

investigation by the programme-producers of matters of overriding

public interest.

8.14.4 The open and apparent use of cameras or recording

devices on both public and private property, must be appropriate to

the importance or nature of the story. The broadcaster should not

intrude unnecessarily on private behaviour.

8.14.5 When broadcasting material is obtained secretly, whether

in public or private property, the broadcaster should take care not to

infringe the privacy of bystanders who may be caught inadvertently

in the recording. The identity of innocent parties should be

obscured. Material shot or recorded secretly by third parties, which

becomes available to the broadcaster, should be treated in the same

way.

8.14.6 The Broadcaster must keep full records, including the

edited and unedited versions of secret recordings for the duration of

ninety days after broadcasting date.

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8.15.

Broadcasting Rights of Reply

8.15.1 When broadcasting a right of reply, stations shall comply

with the following mandatory requirements

i.

a reply shall not normally exceed 180 seconds;

ii.

the reply shall be read as submitted without any station

comments made within the actual text of the reply;

iii. should the station wish to comment, it should do so

after the entire right of reply is read out;

iv.

the station remains at liberty to edit the reply to ensure

that it is not defamatory;

v.

the reply shall be broadcast within two days from its

receipt and the same prominence should be given to it

as that given to the original broadcast about which the

reply has been requested;

vi.

the right of reply shall lapse after one month from the

date of the original transmission.

8.15.2 Such requirements are without prejudice to article 15 of the

Media and Defamation Act.

8.15.3 An application for exercise of the right of reply may be

rejected if such a reply is not justified according to the conditions

laid down in paragraph 8.15.4, would involve a punishable act,

would render the broadcaster liable to civil-law proceedings or

would transgress standards of public decency.

8.15.4. Without prejudice to the provisions of any other law, any

natural or legal person, regardless of nationality, whose legitimate

interests, in particular reputation and good name, have been

damaged by an assertion of incorrect facts in a television or radio

programme may exercise a right of reply. The Authority shall

ensure that the actual exercise of the right of reply is not hindered

by the imposition of unreasonable terms or conditions. The reply

shall be transmitted within a reasonable time subsequent to the

request being substantiated and at a time and in a manner

appropriate to the broadcast to which the request refers.

SECTION 9

Violence in the News

Violence in the News

9.1

News Bulletins, like any other programming, fall under

the requirements of family viewing and should be treated as such.

However this should not restrict the range of different stories

covered in any news bulletin or imply that some news events may

not be properly and appropriately covered.

9.2

It is required that all news subjects are presented in a

manner that takes account of the audience. In case of violent

footage, the appropriate warnings are to be given well in advance.

9.3

Care should be taken when scenes of violence are

repeated in succeeding news bulletins, at times when children

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would be watching.

SECTION 10

Children’s Rights

Children’s Rights

10.1 Particular consideration and prudence should be

exercised in all cases concerning minors, whether interest therein is

derived from private or public matters.

10.2 Where minors are or have been involved in police

enquiries or court proceedings, particularly but not limited to

sexual offences, special care needs to be taken to avoid any

indication of the identity of the person.

10.3 Particular care needs to be taken when reporting sexual

crimes within a family. Naming the accused and describing the

crime can have the effect of identifying the victim. Giving

information about an accused person’s address may contribute to

the jigsaw, which identifies the victim.

SECTION 11

Promotional material in the News

Promotional material in the News

11.1 The source of promotional material supplied by or on

behalf of official bodies, commercial companies or campaigning

organisations should be briefly but clearly labelled on-air for a

maximum duration of five seconds either in sound or vision.

11.2 Exceptions to this rule may be made where the material

itself is very brief and in no sense promotes the supplier’s interests.

Material whose effect is clearly promotional should, however, be

avoided, unless the organisation’s activity is itself a subject of the

news story.

11.3 In the case of items of a commercial nature, their

inclusion shall be dependent on the items’ intrinsic news value and

not on the value of the advertiser’s account with the station.

SECTION 12

Current Affairs Programming

Current Affairs

12.1 Broadcasters should aim to present current affairs

programmes

i.

in a way which allows informed public debate on

substantial issues affecting the community;

ii.

to provide reasonable opportunities to present

significant viewpoints when dealing with controversial

issues of public importance;

iii. of immediate relevance to the community, including

interviews and commentary dealing in depth with

news items.

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As such, a series of current affairs programmes should be

balanced with a diversity of topics, including topics of a social,

cultural, educational, environmental, economic, industrial and

political nature, as well as other subjects of general interest. Where

the topics selected address issues of political or industri al

controversy or of current public policy, the broadcaster is to ensure

that, at least over a series of programmes, the selected topics

adequately reflect the current debate affecting the whole political

spectrum in the country.

12.2 The Broadcasting Act requirements about impartiality

allow a series of programmes to be considered as a whole provided

that when a single current affairs programme is not per se balanced,

the legal requirement of impartiality may be discharged: (i) over

two or more related programmes within the same series; (ii) where

the broadcasts are transmitted within a reasonable period from each

other; and (iii) when the broadcaster informs the viewers or

listeners during the first programme of the date of the subsequent

programme wherein he/she intends to balance the first programme

giving sufficient information as to date of programme, subject of

the programme and proposed participants. For this purpose, a

“series” means a number of current affairs programmes, broadcast

in the same service, each one of which is clearly linked to the

others, and which deals with the same or related issues.

12.3 The provisions of these Requirements which regulate

News Bulletins shall apply also to current affairs programmes apart

from section 7.

12.4 Apart from the matters specified in section 4.3 above,

impartiality does not mean that balance is required in any simple

mathematical sense or that equal time must be given to each

divergent point of view. Journalists and producers do not have to be

absolutely neutral on every controversial issue. They should

nevertheless tackle evenhandedly with divergent points of view to

supplement or create a democratic debate amongst contrasting

ideas.

12.5 The choice of participants in research-led investigative

journalism or a studio discussion will be determined by the need to

be fair, balanced and knowle dgeable on the subject matter.

However, in a studio discussion participants are normally chosen

with a view to reflect divergent viewpoints. Where the subject

matter refers to an issue of political or industrial controversy or

addresses public policy, this Requirement implies that participation

in the programme should reflect a balanced and adequate

representation of all the interested parties, political or otherwise. It

also implies that the use of audiovisual material, including clips

and features, in such programmes should reflect in a balanced

manner the views of all the parties concerned. Where the

programme involves the active participation of an audience, the

audience selection process should, to the extent possible, ensure

that the audience is composed of persons with different views.

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SECTION 13

Interviews

Interviews

13.1

Interviews

13.1.1 Interviewees dealing with political or industrial

controversy or current public policy should be made adequately

aware of the format, subject matter and purpose of the programme

to which they have been invited to contribute and the way in which

their contribution is likely to be used. The broadcaster shall retain

that part of the interview where s/he has sought the consent of the

interviewee to record the interview. A station has to retain a

recording of that interview for a period of three months from the

date that the interview or part thereof is recorded. During these

three months the Broadcasting Authority Chief Executive shall

have the right to request the station to submit to him the recordings

so that they can be verified and, should it be the case, to take the

necessary measures if there is a lack of compliance with the

Requirements mentioned above in this paragraph.

13.1.2 Interviewees should also be informed of the identity and

intended role of other proposed participants in the programme, as

soon as the persons are known.

13.1.3 On occasion, proposed interviewees will be unable or

unwilling to accept an invitation to participate in a programme.

This need not cancel the programme. Reference to the absence of

such a spokesperson should be referred in as detached and factual a

manner as possible and the presenter should as far as practicable

make known the absent interviewee’s or his or her organisation’s

views on the subject under discussion, where known.

13.1.4 Where the subject consents to being interviewed for a

different purpose from that covertly intended by the producers of a

news programme, the use of such material without the subject’s

permission can only be justified if it is necessary in order to make

an important point of public interest.

13.1.5 Impromptu interviews with public figures and people in

the news are a normal and usually unproblematic part of news

gathering. There are, however, occasions when a reporter confronts

and records a potential interviewee without prior arrangement on

private property or locations such as restaurants, churches and

other places where the subject would reasonably expect personal

privacy. The use of such interviews should however be generally a

last resort and should be guided by two main aspects

i.

the investigation involves crime or serious anti-social

behaviour and/or

ii.

the subject so being interviewed has failed to respond

to a repeated request to be interviewed, refused an

interview on unreasonable grounds or has a history of

such failure or refusal.

13.1.6 Particular care needs to be taken where the person

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approached is not the subject of the allegations, for example a

relative, friend or associate, to avoid the risk of unwarranted

invasion of their privacy.

13.2

Editing of Interviews

13.2.1 Impartiality and fairness also apply to the editing of

interviews. Editing of recorded interviews must not be distorted as

to create misrepresentation of the known view of the interviewee.

13.2.2 Interviews held on library tapes should be checked before

use to see whether the views expressed are still valid, and where

necessary captioned to show the date when the original interview

was recorded.

13.3

Recorded Telephone Interviews

13.3.1 Interviews or conversations conducted by telephone

should not normally be recorded for inclusion in a programme

unless the interviewer has identified himself or herself as speaking

on behalf of a licensee or a broadcaster, and has informed the

interviewee that the conversation is being recorded, and the

interviewee has given consent to the use of the conversation in

news bulletins or current affairs programmes. The broadcaster shall

air that part of the interview where s/he has sought the consent of

the interviewee to record the interview.

13.3.2 In investigative journalism, there may be occasions, such

as those involving investigation of allegedly criminal or otherwise

disreputable behaviour, when these normal requirements cannot be

observed.

13.3.3 When, in the considered judgement of the journalist/

producer, such a case arises, he or she must obtain the explicit

consent of a broadcaster’s most senior programme executive in the

newsroom, before such material is broadcast in a programme.

SECTION 14

Discussion Programmes

Discussion Programmes

14.1 When the programme takes the form of a discussion, it is

the presenter’s duty to note that a public figure has been invited to

participate and such person has declined the invitation. Whilst the

presenter is obliged to inform his/her audience of the reason for

such refusal, if known, the presenter shall not inform the audience

that a person has declined an invitation as aforesaid if such person

is not invited in a public capacity and in such case the presenter

shall comply with the provisions of the last sentence of paragraph

13.1.3 above.

14.2 Any organisation or any person has the right to decline an

invitation to participate in a programme but refusal to take part in a

programme shall not automatically imply the cancellation of that

programme. The reason is that cancellation would be equivalent to

granting a right of veto over the particular subject. This would be

inconsistent with the broadcasting services’ duty to deal with

important issues.

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Note

The enforceable provisions of this document regulating news

bulletins, also apply to current affairs programmes. Likewise, the

provisions of sections 13.2 and 13.3 of this document also apply to

the production of news bulletins.

SECTION 15

Independent Productions

General Obligations of Independent Producers

15.1. Independent productions made for broadcasters must

observe the same standards and practice requirements set out in the

preceding parts of this document for in-house productions.

Ultimate responsibility for the method and content of any material

commissioned by a broadcaster rests with the said broadcaster.

SECTION 16

Contractual Obligation of Independent Producers

Contractual Obligation of Independent Producers

16.1 All contracts made by a broadcaster with an independent

producer should include their obligation to observe the previous

provisions of this document, of the Constitution, of the

Broadcasting Act and of any other relevant law.

SECTION 17

The Public Service Broadcaster

Rules applicable to the Public Service Broadcaster

17.1 The rules in Sections 18 to 19 are not enforceable by the

Broadcasting Authority but may be applied by the public service

broadcaster.

SECTION 18

Impartiality of the Public Service Broadcaster

Impartiality of the Public Service Broadcaster

18.1 Producers of news and current affairs programmes should

have no outside interests or commitments which could damage the

public service broadcaster’s reputation for impartiality, fairness

and integrity.

SECTION 19

Presenters and Reporters primarily associated

with the Public Service Broadcaster

Presenters and Reporters primarily associated with the

Public Service Broadcaster

19.1 Those known to the public primarily as presenters of, or

reporters on, news programmes or programmes about current

affairs broadcast on the public service broadcaster must be seen to

be impartial. It is important that no off-air activity, including

writing, the giving of interviews or the making of speeches, leads

CURRENT AFFAIRS PROGRAMMES

to any doubt about their objectivity on-air. If such presenters or

reporters publicly express personal views off-air on controversial

issues, then their on-air role may be severely compromised. It is

crucial that in both their work with the public service broadcaster

and in other non-public service broadcasting activities such as

writing, speaking or giving interviews, they do not

i.

state how they vote or express support for any political

party;

ii.

express views for or against any policy which is a

matter of current party political debate;

iii. advocate any particular position on an issue of current

public controversy or debate;

iv.

exhort a change in high profile public policy.

SECTION 20

Application of these Standards and Practice Requirements

Applicability of these Requirements

20.1 Unless otherwise provided in this document, these

provisions apply to all broadcasters, whether they are television or

radio, and to all news bulletins and current affairs programmes

whether made by a broadcaster or by an independent production

house for the said broadcaster.

SECTION 21

Editor for the purposes of these Requirements

Editor for the purposes of these Requirements

21.1 Each broadcasting station shall appoint an editor for the

purposes of these Requirements.

21.2 The editor shall act as a compliance officer to ensure the

due observation of the provisions of these standards and practice

requirements.

21.3 Each broadcasting station shall notify the Authority of

the name, surname and contact details of the said editor as well as

of any changes in appointment to this position.