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REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE COVERAGE OF TRAGEDIES IN BROADCASTING

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Laws of Malta — Subsidiary Legislation 350.16 — REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE COVERAGE OF TRAGEDIES IN BROADCASTING

IN BROADCASTING

SUBSIDIARY LEGISLATION 350.16

REQUIREMENTS AS TO STANDARDS AND

PRACTICE APPLICABLE TO THE COVERAGE OF

TRAGEDIES IN BROADCASTING

22nd March, 2007

GOVERNMENT NOTICE 259 of 2007.

The title of these requirements is the Requirements as to

Standards and Practice applicable to the Coverage of Tragedies in

Broadcasting.

Laws of Malta — Subsidiary Legislation 350.16 — REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE COVERAGE OF TRAGEDIES IN BROADCASTING

Introduction

1.1

The Broadcasting Authority has approved these

Requirements to assist television broadcasters and radio

broadcasters, where applicable, in the reporting of tragedies.

1.2

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.

Laws of Malta — Subsidiary Legislation 350.16 — REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE COVERAGE OF TRAGEDIES IN BROADCASTING

The Victim

2.1

When a tragedy occurs, the event affects primarily the

victim and his/her relatives/friends. Once the event is reported, it

also becomes the concern of the audience.

2.2

When reporting a tragedy, broadcasters must keep in mind

that notwithstanding the news value of the event, the subject is a

person or persons who deserve to be treated with respect and

dignity.

2.3

No other consideration should override such respect and

dignity, which must be reflected in the way the tragedy is visually

portrayed.

2.4

Injured or deceased victims should not be shown in close-

up unless there are compelling reasons for doing so.

2.5

Close-ups of the injuries suffered by victims should

generally be avoided.

2.6

Care should be taken not to linger unduly on the physical

consequences of the tragedy.

2.7

Decency requires that people should be allowed to die in

private. Only in the rarest circumstances should broadcasters show

the intimate moments of death itself.

2.8

Respect for the dignity of the victim requires that

reporters must not make unsavoury or sensational speculation

i.

on the causes of the tragedy;

ii.

on the state of the victim before the tragedy;

iii. on how the tragedy may have happened;

IN BROADCASTING

iv.

on any other factor which has not been duly verified.

Laws of Malta — Subsidiary Legislation 350.16 — REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE COVERAGE OF TRAGEDIES IN BROADCASTING

The Relatives

3.1

The considerations respecting the dignity of the victim in

certain respects apply also to relatives and friends.

3.2

The rights of these people to grieve in private merits

special consideration.

3.2.1 They should not in any way be subjected to further

distress.

3.2.2 They should not be put under any pressure to provide

interviews.

3.2.3 Their consent should be sought if they are to be filmed in

hospital wards, funerals and other places where grieving is taking

place. This also applies when relatives and friends happen to be

present on the scene of the tragedy.

3.2.4 There should be no unnecessary intrusion on the privacy

of relatives and friends especially through the use of hidden

microphones or cameras.

3.2.5 Above all they should be spared the distress of receiving

the tragic news from the broadcasting media. Hence, broadcasters

should take care not to reveal the identity of the victim unless and

until they have ascertained that the immediate family has been

informed.

3.3

Programmes produced for the sole intention of examining

past events involving tragedy, should try to minimise the potential

distress to surviving victims or relatives in retelling the story.

3.4

As far as it is reasonably practicable, surviving victims or

the immediate families of victims whose experience will feature in

the programme, should be informed of the programmeís plans and

its intended transmission. Failure to do this might be deemed an

unwarranted infringement of privacy, even if the events or

materials to be broadcast have been in the public domain in the

past.

Laws of Malta — Subsidiary Legislation 350.16 — REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE COVERAGE OF TRAGEDIES IN BROADCASTING

The Viewer

4.1

The viewer is entitled to fair and well-composed coverage

of a story and should not be subjected to cheap sensationalism.

4.2

Images shown on television can have an overwhelming

impact. While broadcasters should not shy away from showing

tragic events and their consequences, they must take care that the

choice of accompanying words ensures they put the scenes in the

right perspective. Those exercising editorial judgements should be

aware of the impact such material may have on the audience.

4.3

A balance needs to be struck between the demands of

truth and the danger of desensitising people. Where the results of

tragic events are shown in television news bulletins, the fact that

the tragedy has distressing consequences should not be glossed

over.

IN BROADCASTING

Laws of Malta — Subsidiary Legislation 350.16 — REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE COVERAGE OF TRAGEDIES IN BROADCASTING

Verification of Facts

5.1 Verification of facts - the basis of news reporting - is

crucially important particularly in the coverage of tragedy.

Laws of Malta — Subsidiary Legislation 350.16 — REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE COVERAGE OF TRAGEDIES IN BROADCASTING

Suicides

6.1 There should be no mention of suicide except in

extraordinary circumstances. It is particularly important to avoid

detailed portrayal of suicide when there is some novel aspect which

may be copied. Care also needs to be taken over the choice of

words to describe the event.

Laws of Malta — Subsidiary Legislation 350.16 — REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE COVERAGE OF TRAGEDIES IN BROADCASTING

Children

7.1 Children’s vulnerability must be a prime concern for

broadcasters.

7.2 It must be understood that children do not lose their rights

to privacy because of tragic events concerning their parents or their

school.

7.3 Care should be taken that a child’s gullibility or trust is not

abused to obtain more information concerning the tragedy.

7.4 Children should not be questioned about private family

matters or asked for views on matters likely to be beyond their

capacity to answer properly.

7.5 Consent from parents or those in loco parentis should be

obtained before interviewing children under 18 on matters of

significance. Where consent has not been obtained or actually

refused, any decision to go ahead can only be justified if the

tragedy is of overriding public interest and the childís appearance is

absolutely necessary.

7.6 Similarly, children under 18 involved in tragedies where

police enquiries or legal proceedings are taking place should not be

identified in programmes.

7.7 Notwithstanding what may be deemed to be acceptable for

reasons of newsworthiness and the publicís right to know, certain

situations, particularly those involving gory, shocking and other

appalling scenes likely to impress, should not be broadcast before

the watershed.

Laws of Malta — Subsidiary Legislation 350.16 — REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE COVERAGE OF TRAGEDIES IN BROADCASTING

Further Points

8.1 Tragic events should not be exploited for political reasons,

ulterior motives or hidden agendas.

8.2 Broadcasters should prevent attempts by peripheral actors,

institutions and interested third parties to exploit the situation for

their own ends.

8.3 As tragedy is newsworthy to the public and not to specific

agencies, the latter may not use the information for their own

advancement and benefit.

Laws of Malta — Subsidiary Legislation 350.16 — REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE COVERAGE OF TRAGEDIES IN BROADCASTING

Conclusion

9.1

Only strong overriding public interest can provide

IN BROADCASTING

exceptions to these norms of behaviour.

9.2 The foregoing while referring generally to

broadcasting applies to the medium of radio where relevant.

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