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REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO DISABILITY AND ITS PORTRAYAL IN THE BROADCASTING MEDIA

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Laws of Malta — Subsidiary Legislation 350.17 — REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO DISABILITY AND ITS PORTRAYAL IN THE BROADCASTING MEDIA

REQUIREMENTS AS TO STANDARDS AND PRACTICE

APPLICABLE TO DISABILITY AND ITS PORTRAYAL

IN THE BROADCASTING MEDIA

SUBSIDIARY LEGISLATION 350.17

REQUIREMENTS AS TO STANDARDS AND

PRACTICE APPLICABLE TO DISABILITY AND ITS

PORTRAYAL IN THE BROADCASTING MEDIA

22nd March, 2007

GOVERNMENT NOTICE 260 of 2007.

The title of these requirements is the Requirements as to

Standards and Practice applicable to Disability and its Portrayal in

the Broadcasting Media.

Laws of Malta — Subsidiary Legislation 350.17 — REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO DISABILITY AND ITS PORTRAYAL IN THE BROADCASTING MEDIA

Introduction

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 There is no doubt that persons with disabilities are persons

first and foremost, who have full human and civil rights, and are

entitled to dignity and respect. The social exclusion of persons with

disabilities by the majority is an example of social intolerance. The

frank acknowledgement of differences is an important step in the

attainment of an inclusive society. When disabled people seek to be

addressed as persons, they are not negating their disability, but

placing it in its context. The "news value" of disabled persons is

their overcoming of the hurdles society puts in front of them. In so

d o i n g , t h e y a r e m ak i n g t h e m s e l v e s l e s s d i s a b l e d , a n d a l s o

contributing directly to the mainstream of society.

1.3 A major contributory factor to disability is prejudice,

stereotyping or "institutional discrimination" against disabled

people. In this respect the media has enormous power to either

perpetuate stereotyping and prejudice, or educate the public to have

a more understanding, positive attitude towards disabled people.

1.4 It is the commonly accepted myths and stereotypes about

disabled people that make disability an extraordinary thing. The

common assumptions about disability focus on the disabled

per s o n ’s l a c k o f a bi li t ie s . I n dee d, th e n e ga ti v e t e r m s m os t

frequently used to describe disabled people as: "crippled",

"handicapped", "less fortunate", all accentuate the disabled

individual’s biological (or medical) imperfections. All these

negative terms compare disabled persons less favourably with their

(presumably) more "fortunate" peers.

1.5 Even more "politically correct" designations, such as,

"differently challenged", impaired, persons with special needs, etc,

accent the disabled personís apartness, the disabled individual’s

dislocation from the group and the community.

1.6 Many of the definitions of disabled people and disability

have been created by non-disabled people who tend to equate

REQUIREMENTS AS TO STANDARDS AND PRACTICE

APPLICABLE TO DISABILITY AND ITS PORTRAYAL

IN THE BROADCASTING MEDIA

disability with the individual’s physical and/or intellectual

impairments; that is, they focus on the biological, or medical

aspect. So widespread is this belief that it is biological impairment

and lack of function which create disability, that the World Health

Organisation (in the early 1980s) based its own definitions on these

assumptions. The whole focus of this viewpoint is on the individual

and their perceived inadequacy.

1.7 However, over the last twenty years this viewpoint has

been systematically and widely rejected, by disabled people and

their organisations. They argue that by focusing on individual,

medical inadequacies the so called "medical model" of disability

holds disabled people themselves responsible for any difficulties

they may encounter during the course of their daily lives. At the

same time it totally ignores the restrictive environments and

disabling barriers created, not by the disabled persons, but by a

society in general.

Laws of Malta — Subsidiary Legislation 350.17 — REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO DISABILITY AND ITS PORTRAYAL IN THE BROADCASTING MEDIA

Misrepresentation of Disabled People

2.1 It is difficult to overestimate the damage caused by

negative terms and the resultant negative images of disabled

people. Disabled people often feel they are misrepresented by the

way in which they are portrayed in words, pictures and sound on

the mass media.

2.2 Representation of disabled people as "different" or

"special" simply because of their disability; imagery is used which

portrays them in extreme terms, such as the "hero" or "victim"

approach

i.

VICTIMS are portrayed as tragic helpless and

pathetic;

ii.

HEROES are portrayed as eternally cheerful,

superhumanly good and tremendously courageous;

2.3 The patronising attitude towards disabled people reinforces

stereotypes even when they are presented positively. This happens,

for example, when disabled persons are praised for achieving

something that would be unremarkable if done by others.

2.4 The frequent use of particular phrases and terms in daily

language which may be purely subjective and result in inaccurate,

patronising and ultimately damaging imagery. This includes the use

of emotive terms like "afflicted", "stricken", "sufferer" and

"victim", the use of phrases such as "confined to a wheelchair", the

treatment of disabled people as if they were a homogenous group

instead of a diverse group of individuals and the making of

assumptions or generalisations about how disabled people feel.

2.5 The portrayal of impairment, especially when evident, by

focusing on the individual’s impaired condition at the expense of

the person’s other attributes.

2.6 Lack of consultation with disabled people and their

organisations about issues affecting their lives.

2.7

The undignified portrayal of disabled people during

REQUIREMENTS AS TO STANDARDS AND PRACTICE

APPLICABLE TO DISABILITY AND ITS PORTRAYAL

IN THE BROADCASTING MEDIA

broadcasts of fund-raising events and charity campaigns depicting

them as uni-dimentional stereotypes.

2.8 The ridiculing of the disabled in productions, especially

teleserials exploiting disability for humour.

2.9 Failure to check accuracy of information before it is

broadcast; and

2.10 The portrayal of disabled people in a sensational manner.

Laws of Malta — Subsidiary Legislation 350.17 — REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO DISABILITY AND ITS PORTRAYAL IN THE BROADCASTING MEDIA

Broadcasters’ Responsibilities

3.1 It is the responsibility of all Broadcasters to be sensitive to

problems outlined above and to avoid them.

3.2 Moreover broadcasters should take positive steps in order

to ensure a more inclusive representation of disabled persons in

programming.

3.3 Broadcasters should aim to recruit disabled persons to

work among their staff and in particular the portrayal of disabled

persons in drama should wherever possible be carried out by

disabled actors.

3.4 Broadcasters are in duty bound to minimise common

problems such as those of physical access which impede the

participation of disabled persons in broadcasting activity.

3.5 Broadcasters should be guided by such policy which may

from time to time be officially adopted regarding the portrayal of

disabled persons in the media.

3.6 Each station shall be responsible for the way disabled

persons and disability issues are portrayed in every broadcast,

including the responsibility to refer to the competent organisations

and authorities on matters relating to disability.

3.7 Where a licence is issued the broadcaster will be expected

to portray disabled persons and disability issues in a proper way.

3.8 Overall, the guiding principle of broadcasters should be to

deal with disabled persons without dwelling on their disability,

unless the topic being presented is specifically that of disability;

when the latter is the case to treat the subject with due dignity and

fairness.

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