S.L. 350.15 Art. 32 [ 3

Practical Information 3.1 Free and informed consent S.L.350.15 PROGRAMMES OF VULNERABLE PERSONS

3.1.1 It is vital for such persons to give their informed consent in complete freedom before participating in programmes where their condition may be discussed. Programme producers must not in any way pressurise these people to participate. When programme producers ask vulnerable persons to take part, they should, as far as possible, make sure that participants are fully aware of the effect their participation may have on their life, when they are exposed before thousands of viewers. Producers should take the same precautions even when they are approached ñ sometimes very forcefully - by vulnerable people themselves who offer to participate in such programmes. No financial inducement should ever be given to parents or guardians with the purpose of affecting their decision about whether to give their consent to the participation of vulnerable persons. A qualified person should hold a pre-programme screening session with the vulnerable person in order to explain to such person the implications of programme participation and the effects the programme might have on such person and/or his/her dependents, particularly minor children. Such screening session should, as far as practicable, be carried out with the least formalities possible and in a welcoming environment.

3.1.2 Producers are in duty bound to check with independent sources the veracity and correctness of the stories reaching them.

3.1.3 When a considerable level of vulnerability is involved, that is, when the person concerned is seriously suffering, as well as in the case of children with some problems, there should be a qualified person present (social worker, consultant, psychologist, psychotherapist or psychiatrist), independent of the team producing the programme, to meet these people and explain clearly to them what their participation in that programme entails. The person who gives consent must be made clearly aware that in giving that consent he/she is renouncing to the right to privacy and that later it will be impossible to file a complaint concerning a breach of privacy.

3.1.4 When vulnerable persons have had or are still undergoing psychological support, the producer shall forward to the vulnerable person’s therapist a signed letter, through the vulnerable person, so that the therapist provides the producer with any necessary feedback.

3.1.5 The qualified person should also be involved whenever a vulnerable person would be compensated with money or gifts for participating. In such cases, material needs or other types of needs may lead the persons involved to sacrifice their desire for privacy. The broadcaster has to make sure this does not happen.

3.1.6 If the qualified person states that it would be better if these vulnerable persons, due to their condition, do not participate in the programme, the producers of the said programme are expected always to abide by this advice where children are concerned. However the producers are expected to consider the importance of this advice where adults are concerned, and generally abide by it. Only in exceptional cases, when vulnerable persons insist on taking part and declare this in writing, can the producers take the responsibility to invite them. In similar cases the producers must, before the programme, send to the Manager:

i. a copy of the advice by the qualified person, as well as ii. a copy of the declaration made by the vulnerable person.