APPENDIX 2
GUIDANCE NOTES, SECTION 8: PRIVACY
This guidance is non-binding. It is provided
to assist broadcasters interpret and apply the Broadcasting Code.
Research which is relevant to this section of the Broadcasting
Code is indicated below.
Every complaint or case will be dealt with on
a case by case basis according to the individual facts of the
case.
We draw broadcasters' attention to the legislative
background of the Code which explains that:
"Broadcasters are reminded of the legislative
background that has informed the rules, of the principles that
apply to each section, the meanings given by Ofcom and of the
guidance issued by Ofcom, all of which may be relevant in interpreting
and applying the Code. No rule should be read in isolation but
within the context of the whole Code including the headings, cross
references and other linking text".
PRACTICE TO
FOLLOW 8.1 AN
INFRINGEMENT OF
PRIVACY IN
CONNECTION WITH
OBTAINING MATERIAL
Ofcom may only consider an infringement of privacy
in the making of a programme if the programme is broadcast.
PRIVATE LIVES,
PUBLIC PLACES
AND LEGITIMATE
EXPECTATION OF
PRIVACY
Privacy is least likely to be infringed in a
public place. Property that is privately owned, as are, for example,
railway stations and shops, can be a public place if readily accessible
to the public. However, there may be circumstances where people
can reasonably expect a degree of privacy even in a public place.
The degree will always be dependent on the circumstances.
Some activities and conditions may be of such
a private nature that filming, even in a public place where there
was normally no reasonable expectation of privacy, could involve
an infringement of privacy. For example, a child in state of undress,
someone with disfiguring medical condition or CCTV footage of
suicide attempt.
PRACTICE TO
FOLLOW 8.11 DOORSTEPPING
Doorstepping may be used (depending on the circumstances)
where there has been repeated refusal to grant an interview (or
a history of such refusals) or the risk exists that a protagonist
might disappear. In such circumstances, broadcaster may themselves
require programme-makers to refer to the responsible editor first.
Doorstepping in public places is most frequently
and in most circumstances acceptably used in news programmes,
where journalists often film and record those in the news without
having pre-arranged the interview.
PRACTICE TO
FOLLOW 8.12 TELEPHONE
CALLS
It is acceptable to record telephone calls for
note taking purposes.
PRACTICE TO
FOLLOW 8.13 SURREPTITIOUS
FILMING OR
RECORDING
Broadcasters normally have their own procedures
in place to authorise such filming or recording. In such circumstances,
broadcaster may themselves require programme-makers to refer to
the responsible editor first.
PRACTICE TO
FOLLOW 8.14 THE
BROADCAST OF
MATERIAL GAINED
BY SURREPTITIOUS
FILMING AND
RECORDING
When broadcasting material is obtained surreptitiously,
whether in a public or private place, broadcasters should take
care not to infringe the privacy of bystanders who may be caught
inadvertently in the recording eg by obscuring the identity of
those recorded incidentally.
Broadcasters should be aware that "innocent"
bystanders can be inadvertently caught (potentially causing an
unwarranted infringement of privacy) with the transmission of
material gained through surreptitious filming or recording.
Broadcasters should apply the same practice
to follow to material shot surreptitiously by others (including
CCTV footage) as they do to their own recordings in taking the
decision whether to broadcast the material.
PRACTICE TO
FOLLOW 8.16 PEOPLE
CAUGHT UP
IN EMERGENCIES,
VICTIMS OF
ACCIDENTS, OR
THOSE SUFFERING
A PERSONAL
TRAGEDY
As has been explained in the foreword to Section
Eight: "there may be a strong public interest in reporting
on an emergency situation as it occurs and [...] there may be
pressures on broadcasters at the scene of a disaster or emergency
that may make it difficult to judge at the time whether filming
or recording is an unwarrantable infringement of privacy. These
are factors Ofcom will take into account when adjudicating on
complaints". For instance, when news crews arrive at the
scene of emergencies etc, they often film and record as much information
as possible (which could result in infringements of privacy).
However, it is then later, when the broadcaster actually transmits
the footage that appropriate decisions can be made in an edit
suite in the "cold light of day". Ofcom has a statutory
duty to consider unwarranted invasions of privacy irrespective
of the circumstances and genre of programmes. Nevertheless, in
the light of a complaint, Ofcom will always take the full circumstances
into account as well as the context in which the original footage
was obtained.
At funerals, programme-makers should respect
requests that they should withdraw.
Broadcasters should also respect any reasonable
arrangements made by the emergency services to supervise media
access to victims of crime or accident or disaster, or their relatives,
in the immediate aftermath of a tragedy.
PRACTICE TO
FOLLOW 8.17 PEOPLE
IN A
STATE OF
DISTRESS
Even if grieving people have been named or suggested
for interview by the police or other authorities broadcasters
and programme makers will need to make their own judgements as
to whether an approach to such people to ask them to participate
in a programme or provide interviews may infringe their privacy.
PRACTICE TO
FOLLOW 8.22 PERSONS
UNDER THE
AGE OF
SIXTEEN AND
VULNERABLE PEOPLE
A child of five has a very different view and
understanding of the world around it than a 15 year old teenager
has. Questions need to be appropriate to both age and development
whether the child or young person is taking part in a factual
programme or an entertainment programme.
Care must be taken to not to prompt children
and that they should be allowed to speak for themselves. Questioning
that is likely to cause distress should be kept to a minimum.
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