S.L. 350.14 Art. 88 [

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 [

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. S.L.350.14 CURRENT AFFAIRS PROGRAMMES

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 bulletin, special care should be taken not to present items 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. [

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