REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO PARTICIPATION IN MEDIA PROGRAMMES OF VULNERABLE

PROGRAMMES OF VULNERABLE PERSONS

SUBSIDIARY LEGISLATION 350.15

REQUIREMENTS AS TO STANDARDS AND

PRACTICE APPLICABLE TO PARTICIPATION IN

MEDIA PROGRAMMES OF VULNERABLE

PERSONS

7th August, 2007

GOVERNMENT NOTICE 730 of 2007.

The title of these requirements is the Requirements as to

Standards and Practice applicable to Participation in Media

Programmes of Vulnerable Persons.

Introduction and General Principles

1.1

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.

1.2

Programme producers must avoid, for commercial

purposes, all forms of exploitation of all vulnerable situations of

anybody.

The Vulnerable People

2.1

It is not easy to compile a list of people considered to be

vulnerable as it could be a permanent condition or one related to a

particular period in the lifetime of someone who is not normally

considered to be vulnerable.

2.2

In these Requirements individuals considered to be

vulnerable are children, senior citizens with certain problems, those

involved in abusive relationships mainly sexual or emotional, and

s o m e , t h o u g h n o t a l l , p e r s o n s h a v i n g a m en t a l o r p h y s i c a l

impairment. Amongst others one could include prisoners, refugees,

victims of usury, drugs and alcohol.

For the purposes of these Requirements a "child" or

"children" or a "minor", unless the context otherwise requires,

means a person who has not attained eighteen years of age.

2.3

This term also covers those who due to certain

circumstances in life, are considered vulnerable for a given period

of time. These include certain individuals who are mourning the

loss of a loved one, people who have lost their job or are facing

difficulties in their career, couples going through great difficulties

in thei r rel ati onshi p, p eopl e g oin g t hroug h grav e fin ancial

problems, those who are either themselves ill or involved with the

sickness of their loved ones, as well as those who, for whatever

reason, are feeling down, oppressed and generally going through a

tough period of uncertainty.

Practical Information

3.1

Free and informed consent

PROGRAMMES OF VULNERABLE PERSONS

3.1.1 It is vital for such persons to give their informed consent

in complete freedom before participating in programmes where

their condition may be discussed. Programme producers must not

in any way pressurise these people to participate. When programme

producers ask vulnerable persons to take part, they should, as far as

possible, make sure that participants are fully aware of the effect

their participation may have on their life, when they are exposed

before thousands of viewers. Producers should take the same

precautions even when they are approached ñ sometimes very

f o r c e f u l l y - b y v u l n e r a b l e p eo p l e t h e m s e l v e s w h o o ff e r t o

participate in such programmes.

No financial inducement should ever be given to parents

or guardians with the purpose of affecting their decision about

whether to give their consent to the participation of vulnerable

persons.

A qualified person should hold a pre-programme

screening session with the vulnerable person in order to explain to

such person the implications of programme participation and the

effects the programme might have on such person and/or his/her

dependents, particularly minor children. Such screening session

s h o u l d , a s f a r a s p r a c t i c a b l e , b e c a r r i e d o u t w i t h t h e l ea s t

formalities possible and in a welcoming environment.

3.1.2 Producers are in duty bound to check with independent

sources the veracity and correctness of the stories reaching them.

3.1.3 When a considerable level of vulnerability is involved,

that is, when the person concerned is seriously suffering, as well as

in the case of children with some problems, there should be a

qualified person present (social worker, consultant, psychologist,

psychotherapist or psychiatrist), independent of the team producing

the programme, to meet these people and explain clearly to them

what their participation in that programme entails. The person who

gives consent must be made clearly aware that in giving that

consent he/she is renouncing to the right to privacy and that later it

will be impossible to file a complaint concerning a breach of

privacy.

3.1.4 When vulnerable persons have had or are still undergoing

psychological support, the producer shall forward to the vulnerable

person’s therapist a signed letter, through the vulnerable person, so

that the therapist provides the producer with any necessary

feedback.

3.1.5 The qualified person should also be involved whenever a

vulnerable person would be compensated with money or gifts for

participating. In such cases, material needs or other types of needs

may lead the persons involved to sacrifice their desire for privacy.

The broadcaster has to make sure this does not happen.

3.1.6 If the qualified person states that it would be better if

these vulnerable persons, due to their condition, do not participate

in the programme, the producers of the said programme are

expected always to abide by this advice where children are

PROGRAMMES OF VULNERABLE PERSONS

concerned. However the producers are expected to consider the

im po rt anc e o f th is a dvice where adults are concerned, and

generally abide by it. Only in exceptional cases, when vulnerable

persons insist on taking part and declare this in writing, can the

producers take the responsibility to invite them. In similar cases the

producers must, before the programme, send to the Manager

i.

a copy of the advice by the qualified person, as well as

ii.

a copy of the declaration made by the vulnerable

person.

The attitude of the media towards vulnerable persons

4.1

Children’s Programme Participation

4.1.1 The producer is in duty bound to ascertain that children’s

parents are fully aware of the consequences of their children’s

participation before permission from these parents is given. In the

case of other children for whom it would be difficult to give their

free and informed consent, permission should be granted by their

guardians. (Advice need however also be sought from a qualified

person, as indicated in para. 3.1.3).

4.1.2 Producers have to ascertain that although permission is

granted to children to take part in a programme, this is allowed

mainly for their benefit.

Producers should above all consider the need to protect

children.

4.1.3 When parents or carers give their consent for the

participation of children in their care, but the children themselves

refuse, producers should respect the wishes of the children. In

similar cases the qualified person should always be involved and

asked to certify that the whole process was carried out in

accordance with the procedures laid down in these requirements.

4.1.4 When children are the protagonists of a programme

intended for adults and not for children, the children’s parts have to

be recorded.

4.1.5 When children take part in a programme, the producers

have to be extra-careful to ensure that the children’s interests are

properly safe guarded. The producers must pay particular attention

to the fact that very young children find it difficult to discern

between reality and fantasy and are not always able to choose

between truth and gossip.

4.1.6 Programmes aimed at establishing the identity of the

natural parents of children, including adopted ones, may not be

broadcast. Moreover, where programmes or parts thereof deal with

the subject of adoption such programmes or parts thereof are to be

aired after the watershed and no repeats of such programmes or

parts thereof shall be broadcast prior to the watershed. The same

applies to programme promotions of such programmes dealing with

adoption. For the purpose of these Guidelines, the watershed means

between 9:00p.m. and 6:00a.m.

4.1.7

Whenever any child who has any form of problem

PROGRAMMES OF VULNERABLE PERSONS

participates in a programme, the station shall ensure that A[enzija

Appo [[ or any other specialised agency authorised by the

Authority is contacted for its clearance for the participation of such

minor vulnerable person and that A[enzija Appo[[ or such other

agency draws up a written report to be presented to the station in

question.

Moreover, A[enzija Appo[[ or such other agency shall

be given access to monitor programme production at any stage if it

so deems necessary. Similarly, children should also be afforded

protection even though it is their parents and not themselves who

appear on a television programme and such parents discuss any

problem which might in one way or another affect directly the well-

being of their children.

4.1.8 Broadcasters should bear in mind, when drawing up

programme schedules, that children have a right to be safeguarded

more than any other person. Hence, normally children who have

some problem should not be invited to participate in a programme

to discuss their own particular problems. By way of exception,

should the station be of the opinion that a child’s participation be

beneficial to such child, then the station should refer such case to

A[enzija Appo[[ or such other agency in terms of the preceding

paragraph. Children should be permitted by stations to participate

in such programmes only when the provisions of the preceding

paragraph have been complied with.

4.1.9 The provisions of paragraphs 4.1.1 to 4.1.8 shall also

apply to other vulnerable persons who have reached majority age

but are incapacitated in terms of the provisions of article 520 of the

Code of Organization and Civil Procedure or under parental care

and custody or tutorship.

4.1.10 The following additional requirements shall also be

followed

i.

such pre-screening session has to take place at least

one week prior to the date of filming except in the case

of L-Istrina where such screening has to take place at

least one month prior to the date of filming so that in

this latter case the necessary consent verifications may

be made;

ii.

no pre-screening session shall take place where the

child is less than three years. Should a child of less

than three years appear on television, the child’s face

shall be totally blurred so that the child cannot be

identified;

iii. where a child is filmed overseas but subsequently

participates in a local programme and the overseas

film is used during such a programme, a pre-screening

session will still be required;

iv.

when parents/tutors consent to the appearance or

participation of children in the broadcasting media

such consent should be in writing and deposited with

PROGRAMMES OF VULNERABLE PERSONS

A[enzija Appo[[, the broadcasting station in question

and the Broadcasting Authority;

v.

the attached handout is distributed to both the children,

where applicable, and parents/tutors prior to the

screening session so that they are made aware of what

the pre-screening session is intended to achieve;

vi.

the attached Pre-Screening Session Request Form

detailing the child’s participation is filled in and

copies are to be handed in to A[enzija Appo[[ before

the pre-screening session, to the station concerned and

to the Broadcasting Authority;

vii. both the Pre-Screening Request Form and the Consent

Form have to be duly filled and signed in triplicate

before being forwarded to A[enzija Appo[[, the

broadcasting station and the Broadcasting Authority.

4.2

Reference to third parties

4.2.1 Participants invited in a programme to tell a story cannot

be allowed to refer to persons who are easily identifiable but who

would not be present in the studios or who would not have given

their prior consent to be so mentioned. It is not acceptable, for

instance, to have participants say that parents, brothers or sisters or

other individuals are no longer on speaking terms with them and

that they would like to be reconciled with them, without respecting

the right such people have not to be mentioned if they would not

have given their prior consent.

4.3

Group rights

4.3.1 Producers should care not only for the rights of the

individual who is participating in a programme but also to the

rights of others who are in a similar situation but are not

participating in the programme. It may be for example that an

individual with a disability taking part may derive some personal

benefit such as a cash gift. Producers should at all costs try to

prevent that this is not misinterpreted and that these individuals are

neither "victims" nor "innocent beings". Producers should adopt

this attitude not only to individuals with a disability but also to any

group of individuals considered vulnerable.

4.4

The use of close-ups

4.4.1 The use of close-ups (CUs) undoubtedly helps to render a

television programme intimate in style, thereby increasing audience

participation. But CUs can also constitute an invasion of privacy.

For this reason, producers should avoid CUs when these are

reasonably considered to amount to an invasion of privacy or when

there are facial/physical defects.

4.5

Anonymity

4.5.1 When participants are promised anonymity, it is

important that this understanding is strictly adhered to. For

individuals to be protected it is often necessary to conduct the

programme in such a way that the person concerned cannot be

PROGRAMMES OF VULNERABLE PERSONS

recognized by the public in general and sometimes not even by

friends or family.

In order to achieve this it is often necessary to change

both the audio as well as the visual image. Very frequently it would

be better to use a voice over by another person and/or utilize the

services of an actor rather than use distortion. In such cases, the

audience should be informed of the technique adopted.

4.6

Persons suffering from a terminal illness, etc.

4.6.1 Persons suffering from a terminal illness or from acute

physical conditions may participate in programmes only when their

participation is such as to instil hope and inspiration in audiences

watching them. When the station fears that the principal effect of

such vulnerable persons’ participation will be such as to instil a

sense of pity, such participation will not be considered permissible.

Stations should be guided by the principle of respecting human

dignity and avoiding focusing upon situations where people’s

suffering is unduly emphasised and sensationalised.

4.7

Doorstepping

4.7.1 Doorstepping or the approaching without any prior notice

of any vulnerable person with regard to anything concerning his/

her vulnerability shall not be permissible and stations shall desist

from such conduct.

4.7.2 Nor shall doorstepping be allowed where third parties are

requested to comment on the vulnerability of any vulnerable

person.

4.8

Interpretation of requirements

4.8.1 In the interpretation of these Requirements, stations shall

ensure that the spirit of these requirements is adhered to and any

interpretation given should always be in the best interest of the

vulnerable person.

PROGRAMMES OF VULNERABLE PERSONS

FORMOLA G}AL TALBA BIEX ISSIR SEDUTA LI TG}ARBEL

PRE-SCREENING SESSION REQUEST FORM

Isem ta’ l-Istazzjon

Name of Station

Data u ]in ma]suba g]ax-Xandira

Nhar

Fi

Date and Time of Intended Transmission

On

At

Isem u Kunjom tat-Tifel/Tifla li ser jattendu g]as-Seduta li Tg]arbel

Name and Surname of Child to be Screened

Età tat-Tifel/Tifla li ser j/tattendi g]as-Seduta li Tg]arbel

Age of Child attending the Pre-Screening Session

Tul tad-Dehra fil-Programm

Duration of Appearance

Natura tad-Dehra fil-Programm

Nature of Appearance

Dirett

Rikordjat

Live

Recorded

Jekk il-programm hux dirett jew irrekordjat

Whether the programme is live or recorded

Jekk il-{enituri/Tuturi tawx il-kunsens tag]hom

IVA

LE

g]ad-dehra tat-Tifel/Tifla

YES

NO

(Eg]me\ kopja tal-Formola tal-Kunsens)

Whether parents/tutors gave consent for child’s

appearance

(attach copy of Consent Form)

PROGRAMMES OF VULNERABLE PERSONS

F ORMOLA TAL-KUNSENS

CONSENT FORM

Jiena (ni\\el l-isem u l-kunjom)

I (insert name and surname): ....................................................................

nag]ti l-kunsens tieg]i li (ni\\el l-isem u l-kunjom tat-Tifel/Tifla)

hereby consent that (insert name and surname of child): ...........................

jidher fuq (ni\\el l-isem ta’ l-Istazzjon)

appears on (insert name of station): .........................................................

fil-programm (ni\\el l-isem tal-Programm)

on the programme (add name of programme): ..........................................

nhar (ni\\el id-data u l-]in)

on (add date and time): .............................................................................

Jiena niddikjara ukoll li jien ni[i (ni\\el il-parentela - missier, omm, tutur

e``.)

I further declare that I am the (add relationship - father, mother, tutor,

etc)

tat-Tifel/Tifla

.............................. of the said child.

Firma

Data

Signature

Date

VOLANTIN

HANDOUT

Seduti ma’ persuni vulnerabbli

Screening sessions by A[enzija

fil-mezzi tax-xandir

APPO{{ of vulnerable persons in

mill-A[enzija APPO{{

media programmes

L-g]anijiet tas-seduta

Purposes of the screening session

Hu importanti li tkun taf li l-

Please note that the assessment of

assessjar tal-minuri / persuna

the minor / vulnerable person

vulnerabbli ssir f ’seduta wa]da u

takes place in one session and this

din ma sservix biex jinfeta] ka\ ma’

is not intended to open a case with

l-A[enzija.

the Agency.

1. Is-seduti mal-minuri u persuni

1. Screening of minors and

vulnerabbli huma skond il-"Linji

vulnerable persons are in line with

Gwida Dwar is-Sehem ta’ Nies Bla

the "Guidelines regarding

}arsien Xieraq fil-Mezzi tax-

P a r t i c i p a t i o n o f Vu l n e r a b l e

Xandir" ta’ l-Awtorità tax-Xandir.

Persons in Media programmes" by

the Broadcasting Authority.

2. Is-seduta ssir minn persuna

2. The screening session takes

kkwalifikata u kkordinata mill-

place by a qualified person

A[enzija APPO{{, b]ala A[enzija

coordinated by Agenzija

a w t o r i z z a t a m i l l - Aw t o r i t à t a x -

APPO{{, as a designated agency

Xandir.

by the Broadcasting Authority.

PROGRAMMES OF VULNERABLE PERSONS

3. Is-seduti huma mmirati biex

3. The screening sessions are

ikunu m]arsa l-a]jar interessi tal-

aimed to safeguard the best

minuri (dawk ta]t it-18-il sena) jew

interests of the minor (those under

persuni adulti vulnerabbli li jkunu

18 years of age) or vulnerable

ser ji[u esposti fi programmi fuq il-

adult person who would be about

mezzi tax-xandir. Dawn is-seduti

to be exposed in media

huma intenzjonati biex inaqqsu r-

programmes. Such interviews aim

riskju ta’ ]sara li tista’ ssir lit-tfal /

to minimise the potential of harm

persuni vulnerabbli u biex dawn

to the children and to maximise

jibbenefikaw kemm jistg]u mill-

any benefits that they may gain

parte`ipazzjoni tag]hom fil-

through participation.

programm.

4. Matul

is-seduta

mal-

4. During the session with the

professjonist/a minn APPO{{, dan/

Appo[[ professional worker, the

din j/tispjega l-implikazzjonijiet

latter explains all the possible

kollha possibbli li jistg]u jirri\ultaw

implications involved in him/

permezz tal-parte`ipazzjoni

herself and/or his/her children due

tag]hom u/jew tat-tfal tag]hom fi

to his/her exposure on the media.

programmi fuq il-mezzi tax-xandir.

Seduti jsiru wkoll meta tkun il-

5. Screening sessions also take

persuna stess (kemm min u ri kif

place when it is the vulnerable

ukoll adulta) li titlob biex tidher fil-

person (both minor and adult) who

programm.

approaches the producer.

Matul is-seduta jkun hemm

6. During the screening session

enfasi li l-persuna, kemm minuri kif

it is emphasised that the person’s

ukoll adulta, tkun tat il-kunsens

informed consent, be it a minor or

tag]ha ming]ajr ebda pressjoni.

an adult, is given without any

pressures.

Fil-ka\ ta’ minuri, min itella’ l-

7. In case of minors, producers

programm hu mistenni dejjem li

of the programme are always

jimxi ma’ dak li jirri\ulta mis-

expected to abide by the

seduta mmexxija mill-professjonist/

assessment of the professional

a minn APPO{{, li j/tkun ra/t l-

worker, who sees what is in the

a]jar interess tat-tfal.

best interest of the child.

Procedura tas-seduta

Procedure of the screening

session

1. Il-pro`edura tas-seduta tkun

1. The

procedure

of

the

spjegata lill-minuri / persuna adulta

screening session is explained to

vulnerabbli u lill-[enituri/tuturi.

the vulnerable adult persons and/

or minor and parents/carers.

2. Il-professjonist li jmexxi s-

2. The professional worker gives

seduta jag]ti spjegazzjoni dettaljata

a detailed explanation of the

tal-formula ta’ kunsens li l-[enituri/

consent form that the parents/

tuturi je]tie[ li jiffimaw biex jkun

carers need to sign for the

jista’ jibda’ l-pro`ess tas-seduta.

screening process to take place.

3. Il-persuni li jakkumpanjaw lill-

3. The persons accompanying

minuri/persuni

vulnerabbli

the minor/vulnerable person

g]andhom ikunu dawk li legalment

should be the legal parents/carers.

ikollhom il-kura u kustodja

In certain cases, proof of custody

tag]hom. F’`erti ka\ijiet tista’

might be requested.

tintalab biex tintwera prova ta’ dan.

4. Il-professjonist imexxi s-seduta

4. The

professional

worker

mal-min u ri/p ers u n a v u ln e ra bbli

carries out a session with the

we]idhom. Hija g]ad-diskrezzjoni

minor/vulenrable person alone. It

tal-professjonist jekk il-[enituri/

is at the professional worker ’s

tuturi jkunux pre\enti g]as-seduta

discretion whether the parents/

jew le.

carers should be present during

the screening session or not.

PROGRAMMES OF VULNERABLE PERSONS

5. Ir-ri\ultat

tas-seduta

tkun

5. The outcome of the screening

spjegata lill-[enituri / tuturi u lil

session is explained to the parents/

min itella’ l-programm.

carers and the programme

producers.

6. Il-professjonist ta’ APPO{{

6. A report is prepared and

i]ejji u jiffirma rapport. Kopja ta’

Appo [[

signed

by

the

dan ir-rapport ting]ata lill-Awtorità

professional worker. A copy of the

t a x - X a n d i r, l i l m i n i t e l l a ’ l -

report is passed on to the

programm, lix-xandar u lill-[enituri

B r o a d c a s t i n g A u t h o r i t y, t h e

/ tuturi. Kopja o]ra tin\amm mill-

producers of the programme, the

A[enzija APPO{{ g]all-fini ta’

broadcasting station and the

referenza.

parents/carers. A copy is also kept

for reference purposes by

Agenzija APPO{{.

L-Att dwar il-Protezzjoni u l-

The Data Protection Act is

Privatezza tad-Data ikun segwit

followed in all stages of the above

f ’kull stadju tal-pro`edura

procedure.

msemmija hawn fuq.