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Advisory for the Media Persons on Ethical Reporting.pdf
1. “Governments and other actors should promote an active and visible policy of
mainstreaming a gender perspective in all policies and programmes so that, before
decisions are taken, an analysis may be made of their effects on women and men”.
Beijing Declaration and Platform for Action, adopted at the Fourth World
Conference on Women,
Beijing, 15 September 1995
A D V I S O R Y F O R T H E M E D I A P E R S O N S O N E T H I C A L
R E P O R T I N G
2. DO NOT PUBLISH A STORY OR AN IMAGE THAT MIGHT PUT THE CHILD AT RISK
Article 16 of United Nations Convention on the Rights of the Child states a) No Child shall
be subjected to arbitrary or unlawful interference with his or her privacy, family, or
correspondence, nor to unlawful attacks on his or her honour and reputation b) The child
has the right to protection of the law against such interference or attacks. Article 40 of the
convention, states that the privacy of accessed of infringing penal law should be protected
at all stages of the proceedings. Section 21 of Juvenile Justice Act 2000 in India prohibits
publication of name etc. of Juvenile in conflict with law or children in need of care and
protection involved in any proceedings under the act.
Media as the fourth pillar of Democracy has the onus of highlighting and bringing forth
any violation of rights of children for the concerned authority to take due action. From
exposing the plight of children in difficult circumstances to reporting day-to-day
incidents of abuse and exploitation, Media has an extremely significant responsibility
in safeguarding the rights of our children. It is important of the Media to be informed
about various measures and mechanisms, including legislations, treaties, schemes,
programmes etc, already in place in India, for protection of children.The media can be a
powerful advocate for children and is central to promoting awareness and
understanding of the Convention on the Rights of the Child. The Constitution of India
guarantees ‘Fundamental Rights’ to all citizens irrespective of age. In addition, it also
mandates the Government under its Directive policy (article 39(f)) ‘that children are
given opportunities and facilities to develop in a healthy manner and in conditions of
freedom and dignity and that childhood and youth are protected against exploitation
and against moral and material abandonment.
RESPECT THE DIGNITY AND RIGHTS OF EVERY CHILD
PAY SPECIAL ATTENTION TO EACH CHILD'S RIGHT TO PRIVACY AND CONFIDENTIALITY
PROTECT THE BEST INTERESTS OF EACH CHILD OVER ANY OTHER CONSIDERATION
GIVE DUE WEIGHT TO THE CHILD'S RIGHT TO HAVE THEIR VIEWS TAKEN INTO ACCOUNT
GUIDING PRINCIPLES :
[1] NHRC-UNICEF Report (A Guidebook for the media on Sexual Violence against children)
[2] Media Reporting on Children: Hon’ble Delhi High Court in W.P.(C) No. 787/2012
GUIDELINES FOR REPORTING :
DO NOT STIGMATIZE ANY CHILD
GIVING CHILDREN A VOICE
CHANGE THE NAME AND OBSCURE THE VISUAL IDENTITY
PROVIDE AN ACCURATE CONTEXT FOR THE CHILD'S STORY
CONFIRM THE ACCURACY OF WHAT THE CHILD HAS TO SAY
AVOID DESCRIPTIONS THAT EXPOSE A CHILD TO NEGATIVE
REPRISALS
EXERCISE THEIR RIGHT TO FREEDOM OF EXPRESSION
[1]
[2]
3. Giving equal voice and air-time to women,
transgender and men, representing them in their
multiple roles in society is intrinsic to freedom of
expression and speech.
Language used by the media should not perpetuate
stigma, discrimination or sexist attitudes against
women, transgender or men.
Advancing gender equality and to influence public
policy to bring gender justice to the public’s
attention.
Improve coverage of gender violence in the media.
Increasing the number of women, transgender and
person with disability who speak in the media as
sources
Changing the negative portrayal of women,
transgender and person with disability.
Including in larger numbers the voices and
perspectives of women, transgender and person with
disability.
ROLE OF MEDIA TO PROMOTE GENDER EQUALITY
ROLE OF MEDIA TO PROTECT RIGHTS OF THE CHILDREN:
Responsible Reporting of Children in the Media: It is the duty of the media and journalists
to carry out responsible reporting of children and vulnerable young people when they are
involved in news stories.
Portrayal of Children in the Media: Children should be portrayed in a way that does not
impede their rights; they should be seen as individuals.
Protection of the Child and Right to Privacy and Confidentiality "Do No Harm": Children
have a right to protection and privacy. When involving children in controversial stories,
journalists and the media must have their permissionand consent of their parents or
guardians. Children should not be submitted to exposure of a negative nature in the media
without prior agreement.
Protecting Children from Harmful Content: Children should not be exposed to harmful
content on-screen. They must be protected from images that could have a lasting and
detrimental impact on them. This includes images of violence and of a sexual nature,
explicit pornography and extreme language.
Access to the Media, Including Digital and Social Media: Children must be allowed access
to the media, including digital and social media with appropriateness. The child and media
relationship is an entry point to the world of children and their rights to education, freedom
of expression, identity, health, dignity and protection. There is an important function of
mass media to ensure the child has access to information and material aimed at promoting
their social, spiritual and moral well-being.
Educating Society about the Rights of Children: The media has an important role to play in
protecting and promoting the rights of the child. There is a duty to educate and inform the
wider society on the issues affecting children.
[3]
[3] Media Ethics and the Protection of Children’s Rights in the Media by Save the Children
4. REPORTING CHILD RIGHTS ISSUES: LEGAL PROHIBITIONS
Section 74
of JJ Act,
2015,
Not to disclose the name, address or school or any other
particular, which may lead to the identification of a child in
any newspaper, magazine, news‐sheet or audio‐visual media
or other forms of communication
Imprisonment up to six
months or fine which may
extend to two lakh rupees or
both
Section 23
POCSO Act,
2012
No reports or comments on any child without having
complete and authentic information, which may have the
effect of lowering his reputation or infringing upon his
privacy.
Not to disclose the identity of a child including his name,
address, photograph, family details, school, neighbourhood,
or any other particulars which may lead to identification of
the child unless permitted by the Special Court.
The publisher or owner of
the media or studio or
photographic facilities shall
be jointly and severally
liable for the acts and
omissions of his employee.
Imprisonment not less than
six months but which may
extend to one year or with
fine or with both."
Sec. 228-A
of IPC
Sec. 228-A of IPC makes disclosure of identity of victim of
certain offences punishable. The restriction does not relate
to printing or publication of judgment of High Court or
Supreme Court. But keeping in view the social object of
preventing social victimization or ostracism of the victim of
a sexual offence for which Sec. 228 A has been enacted, it
would be appropriate that the name of the victim should not
be indicated.
Imprisonment of either
description for a term which
may extend to two years
and shall also be liable to
fine.
Section
327(3) of
Cr.PC
This section also bars publishing the name of the victim
without the permission of the court where such proceedings
are held in camera.
Section 67B
of IT Act,
2000
Whoever publishes or transmits or causes to be published
or transmitted material in any electronic form which depicts
children engaged in sexually explicit act or conduct or
creates text or digital images, collects, seeks, browses,
downloads, advertises, promotes, exchanges or distributes
material in any electronic form depicting children in
obscene or indecent or sexually explicit manner or
cultivates, entices or induces children to online relationship
with one or more children for and on sexually explicit act or
in a manner that may offend a reasonable adult on the
computer resource or facilitates abusing children online or
records in any electronic form own abuse or that of others
pertaining to sexually explicit act with children.
On first conviction with
imprisonment of either
description for a term which
may extend to five years and
with a fine which may extend
to ten lakh rupees and in the
event of second or
subsequent conviction with
imprisonment of either
description for a term which
may extend to seven years
and also with fine which may
extend to ten lakh rupees.
Press
Council of
India Act,
1978, the
Norms of
Journalistic
Conduct,
2010
While reporting crime involving rape, abduction or kidnap of
women/females or sexual assault on children, or raising
doubts and questions touching the chastity, personal
character and privacy of women, the names, photographs of
the victims or other particulars leading to their identity
shall not be published.
Minor children and infants who are the offspring of sexual
abuse or 'forcible marriage' or illicit sexual union shall not
be identified or photographed. The identity of children
infected and affected by HIV should not be revealed.
LAWS PUNISHMENT
DESCRIPTION
5. INTERVIEWING A CHILD BY THE MEDIA: ETHICAL CODE
The manner and content of the interview doesn’t affect/interfere with the child’s right
to privacy.
While interviewing a child, his/her consent may be obtained, depending upon his/her age
and maturity.
Frequent interviewing of a child must be avoided.
The child’s refusal to be interviewed must be honored.
Before interviewing the child he/she must be duly informed about the purpose and
manner of the interview.
Media shall not give any financial or other inducement to the child or parent /guardian
or others in relation to reporting / broadcasting / publication of news /programs /
documentaries etc on and for children.
Media must balance its responsibility to protect children from unsuitable content with
the right to freedom of expression and the right to know.
To protect the identity of the child media shall ensure that any visual showing the face
of the child must be completely blurred in cases where privacy /anonymity is required.
Compliance with Child Safeguarding and PSEA protocols.
Accompaniment especially for girl child, media personnel can interview only in the
presence of another adult.
[4] Understanding Child Rights: NCPCR’s Handbook for Media Professionals
[5] NHRC-UNICEF Report (A Guidebook for the media on Sexual Violence against children)
https://nhrc.nic.in/publications/MedGuideChild pdf
[4]
DO’S AND DON’TS FOR ETHICAL REPORTING
- Keep in mind the rights and best interests of the child. Promote a positive attitude
towards the victim.
- Make programmes relevant to various target segments.
- Focus your programmes – emphasize on one or two messages.
- Before filling a story, consult resource persons and organizations in the area.
- Treat the subject with understanding and sensitivity.
- Be positive in the portrayal of the child, he/she is a victim and not a party to the crime.
- Be aware of various legal provisions, laws and regulations with regard to the child
rights.
- Remember, though the child is vulnerable and voiceless, he/she has the same human
dignity, rights and worth as any adult.
- Meticulously verify your stories and sources.
- Identify ways to deal with problem situations.
- Provide clear action points for the viewers.
- Promote gender equity and the rights of the girl child.
- Create awareness and demand for support services.
- Focus attention on the gravity of the crime.
-Make programmes to encourage a wider discussion of the sexual abuse and exploitation
of the children. Ensure that these are broadcast/televised/published in a sustained
manner.
[5]
DO'S
6. - Don’t disclose the identity of the victim or the victim’s family.
- Don’t sensationalize or glorify acts of sexual abuse or exploitation of children.
-Don’t make the child re-live the abuse by asking him/her to recount the
abuse/exploitation.
- Don’t re-victimize the child by repeated or incessant questioning.
- Don’t depict the child as insignificant.
- Don’t treat the child as a sexual object.
- Don’t glorify either the crime or the offender.
- Don’t project the child as powerless or without legal support.
- Don’t stigmatize the child, family or community.
- Don't come in close contact with a child without any training or sensitization on child
rights, CSP, PSEA and Do No Harm.
DON’TS