Annex A: The Code of Press Conduct
| The PCC Code of Practice - March 2003
| The Press Industry's Code of Practice - 1993
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| 1 Accuracy
i) Newspapers and periodicals must take care not to publish inaccurate, misleading or distorted material including pictures.
| 1 Accuracy
i) Newspapers and periodicals should take care not to publish inaccurate, misleading or distorted material including pictures.
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| ii) Whenever it is recognised that a significant inaccuracy, misleading statement or distorted report has been published, it must be corrected promptly and with due prominence.
| ii) Whenever it is recognised that a significant inaccuracy, misleading statement or distorted report has been published, it should be corrected promptly and with due prominence.
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| iii) An apology must be published whenever appropriate.
| iii) An apology should be published whenever appropriate.
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| iv) Newspapers, whilst free to be partisan, must distinguish clearly between comment, conjecture and fact
| See below, Clause 3 |
| v) A newspaper or periodical must report fairly and accurately the outcome of an action for defamation to which it has been a party.
| iv) A newspaper or periodical should always report fairly and accurately the outcome of an action for defamation to which it has been a party.
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| 2 Opportunity to reply
A fair opportunity for reply to inaccuracies must be given to individuals or organisations when reasonably called for.
| 2 Opportunity to reply
A fair opportunity for reply to inaccuracies should be given to individuals or organisations when reasonably called for.
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| See above, Clause 1(iv) | 3. Comment, conjecture and fact
Newspapers, while free to be partisan, should distinguish clearly between comment, conjecture and fact.
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| 3 *Privacy
i) Everyone is entitled to respect for his or her private and family life, home, health and correspondence. A publication will be expected to justify intrusions into any individual's private life without consent
ii) The use of long lens photography to take pictures of people in private places without their consent is unacceptable. Note—Private places are public or private property where there is a reasonable expectation of privacy.
| 4 *Privacy
Intrusions and enquiries into an individual's private life without his or her consent are not generally acceptable and publication can only be justified when in the public interest.
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| 4 *Harassment
i) Journalists and photographers must neither obtain nor seek to obtain information or pictures through intimidation, harassment or persistent pursuit
| 7 *Harassment
i) Journalists should neither obtain information through intimidation or harassment.
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| ii) They must not photograph individuals in private places (as defined by the note to clause 3) without their consent; must not persist in telephoning, questioning, pursuing or photographing individuals after having been asked to desist; must not remain on their property after having been asked to leave and must not follow them.
| ii) Unless their enquiries are in the public interest, journalists should not photograph individuals on private property without their consent; should not persist in telephoning or questioning individuals after having been asked to desist; should not remain on their property after having been asked to leave and should not follow them.
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| iii) Editors must ensure that those working for them comply with these requirements and must not publish material from other sources which does not meet these requirements.
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| 5 Intrusion into grief or shock
In cases involving personal grief or shock, enquiries must be carried out and approaches made with sympathy and discretion. Publication must be handled sensitively at such times but this should not be interpreted as restricting the right to report judicial proceedings.
| 9 Intrusion into grief or shock
In cases involving personal grief or shock, enquiries should be carried out and approaches made with sympathy and discretion.
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| See below, Clause 10(i) | 10 Innocent friends and relatives
Unless it is contrary to the public's right to know, the press should generally avoid identifying relatives or friends of persons convicted or accused of crime.
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| 6 *Children
i) Young people should be free to complete their time at school without unnecessary intrusion.
ii) Journalists must not interview or photograph a child under the age of 16 on subjects involving the welfare of the child or any other child in the absence of or without the consent of a parent or other adult who is responsible for the children; iii) Pupils must not be approached or photographed while at school without the permission of the school authorities; iv) There must be no payment to minors for material involving the welfare of children nor payments to parents or guardians for material about their children or wards unless it is demonstrably in the child's interest; v) Where material about the private life of a child is published, there must be justification for publication other than the fame, notoriety or position of his or her parents or guardian.
| 11 Interviewing or photographing children
i) Journalists should not normally interview or photograph a child under the age of 16 on subjects involving the personal welfare of the child, in the absence of or without the consent of a parent or other adult who is responsible for the children.
ii) Children should not be approached or photographed while at school without the permission of the school authorities.
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| 7 *Children in sex cases
1. The press must not, even where the law does not prohibit it, identify children under the age of 16 who are involved in cases concerning sexual offences, whether as victims or as witnesses.
2. In any press report of a case involving a sexual offence against a child—i) The child must not be identified; ii) The adult may be identified; iii) The word "incest" must not be used where a child victim might be identified; iv) Care must be taken that nothing in the report implies the relationship between the accused and the child.
| 12 *Children in sex cases
1. The press should not, even where the law does not prohibit it, identify children under the age of 16 who are involved in cases concerning sexual offences, whether as victims or as witnesses or defendants.
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| *Listening Devices
Journalists must not obtain or publish material obtained by using clandestine listening devices or by intercepting private telephone conversations.
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| 9 *Hospitals
i) Journalists or photographers making enquiries at hospitals or similar institutions must identify themselves to a responsible executive and obtain permission before entering non-public areas.
ii) The restrictions on intruding into privacy are particularly relevant to enquiries about individuals in hospitals or similar institutions.
| 5 Hospitals
i) Journalists or photographers making enquiries at hospitals or similar institutions should identify themselves to a responsible official and obtain permission before entering non-public areas.
ii) The restrictions on intruding into privacy are particularly relevant to enquiries about individuals in hospitals or similar institutions.
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| 10 *Reporting of crime
(i) The press must avoid identifying relatives or friends of persons convicted or accused of crime without their consent.
(ii) Particular regard should be paid to the potentially vulnerable position of children who are witnesses to, or victims of, crime. This should not be interpreted as restricting the right to report judicial proceedings.
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| 11 *Misrepresentation
i) Journalists must not generally obtain or seek to obtain information or pictures through misrepresentation or subterfuge.
ii) Documents or photographs should be removed only with the consent of the owner.
iii) Subterfuge can be justified only in the public interest and only when material cannot be obtained by any other means.
| 6 *Misrepresentation
i) Journalists should not generally obtain or seek to obtain information or pictures through misrepresentation or subterfuge.
ii) Unless in the public interest, documents or photographs should be removed only with the express consent of the owner.
iii) Subterfuge can be justified only in the public interest and only when material cannot be obtained by any other means.
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| 12 Victims of sexual assault
The press must not identify victims of sexual assault or publish material likely to contribute to such identification unless there is adequate justification and, by law, they are free to do so.
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| 13 Discrimination
i) The press must avoid prejudicial or pejorative reference to a person's race, colour, religion, sex or sexual orientation or to any physical or mental illness or disability.
ii) It must avoid publishing details of a person's race, colour, religion, sexual orientation, physical or mental illness or disability unless these are directly relevant to the story.
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| 14 Financial journalism
i) Even where the law does not prohibit it, journalists must not use for their own profit financial information they receive in advance of its general publication, nor should they pass such information to others.
ii) They must not write about shares or securities in whose performance they know that they or their close families have a significant financial interest without disclosing the interest to the editor or financial editor.
iii) They must not buy or sell, either directly or through nominees or agents, shares or securities about which they have written recently or about which they intend to write in the near future.
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| 15 Confidential sources
Journalists have a moral obligation to protect confidential sources of information.
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| 16 Witness payments in criminal trials
i) No payment or offer of payment to a witness—or any person who may reasonably be expected to be called as a witness—should be made in any case once proceedings are active as defined by the Contempt of Court Act 1981. This prohibition lasts until the suspect has been freed unconditionally by police without charge or bail or the proceedings are otherwise discontinued; or has entered a guilty plea to the court; or, in the event of a not guilty plea, the court has announced its verdict.
*ii) Where proceedings are not yet active but are likely and foreseeable, editors must not make or offer payment to any person who may reasonably be expected to be called as a witness, unless the information concerned ought demonstrably to be published in the public interest and there is an over-riding need to make or promise payment for this to be done; and all reasonable steps have been taken to ensure no financial dealings influence the evidence those witnesses give. In no circumstances should such payment be conditional on the outcome of a trial.
*iii) Any payment or offer of payment made to a person later cited to give evidence in proceedings must be disclosed to the prosecution and defence. The witness must be advised of this requirement.
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| 17 Payment to criminals
*Payment or offers of payment for stories, pictures or information, must not be made directly or through agents to convicted or confessed criminals or to their associates—who may include family, friends and colleagues—except where the material concerned ought to be published in the public interest and payment is necessary for this to be done.
| See above, Clause 8. |
| The public interest
There may be exceptions to the clauses marked * where they can be demonstrated to be in the public interest.
1. The public interest includes: i) Detecting or exposing crime or a serious misdemeanour; ii) Protecting public health and safety; iii) Preventing the public from being misled by some statement or action of an individual or organisation.
2. In any case where the public interest is invoked, the PCC will require a full explanation by the editor demonstrating how the public interest was served.
3. There is a public interest in freedom of expression itself. The Commission will therefore have regard to the extent to which material has, or is about to, become available to the public.
4. In cases involving children editors must demonstrate an exceptional public interest to over-ride the normally paramount interest of the child
| The public interest
The public interest would include:
i) Detecting or exposing crime or serious misdemeanour.
ii) Detecting or exposing anti-social conduct.
iii) Protecting public health and safety.
iv) Preventing the public from being misled by some statement or action of that individual or organisation.
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