S.L. 350.15 Art. 44 [ 5 6 [ 7 8 [

The attitude of the media towards vulnerable persons 4.1 Children’s Programme Participation 4.1.1 The producer is in duty bound to ascertain that children’s parents are fully aware of the consequences of their children’s participation before permission from these parents is given. In the case of other children for whom it would be difficult to give their free and informed consent, permission should be granted by their guardians. (Advice need however also be sought from a qualified person, as indicated in para. 3.1.3).

4.1.2 Producers have to ascertain that although permission is granted to children to take part in a programme, this is allowed mainly for their benefit. Producers should above all consider the need to protect children. 4.1.3 When parents or carers give their consent for the participation of children in their care, but the children themselves refuse, producers should respect the wishes of the children. In similar cases the qualified person should always be involved and asked to certify that the whole process was carried out in accordance with the procedures laid down in these requirements. 4.1.4 When children are the protagonists of a programme intended for adults and not for children, the children’s parts have to be recorded.

4.1.5 When children take part in a programme, the producers have to be extra-careful to ensure that the children’s interests are properly safe guarded. The producers must pay particular attention to the fact that very young children find it difficult to discern between reality and fantasy and are not always able to choose between truth and gossip. 4.1.6 Programmes aimed at establishing the identity of the natural parents of children, including adopted ones, may not be broadcast. Moreover, where programmes or parts thereof deal with the subject of adoption such programmes or parts thereof are to be aired after the watershed and no repeats of such programmes or parts thereof shall be broadcast prior to the watershed. The same applies to programme promotions of such programmes dealing with adoption. For the purpose of these Guidelines, the watershed means between 9:00p.m. and 6:00a.m. 4.1.7 Whenever any child who has any form of problem S.L.350.15 PROGRAMMES OF VULNERABLE PERSONS

participates in a programme, the station shall ensure that A[enzija [[ Appo or any other specialised agency authorised by the Authority is contacted for its clearance for the participation of such minor vulnerable person and that A[enzija Appo[[ or such other agency draws up a written report to be presented to the station in question.

Moreover, A[enzija Appo[[ or such other agency shall be given access to monitor programme production at any stage if it so deems necessary. Similarly, children should also be afforded protection even though it is their parents and not themselves who appear on a television programme and such parents discuss any problem which might in one way or another affect directly the well-being of their children. 4.1.8 Broadcasters should bear in mind, when drawing up programme schedules, that children have a right to be safeguarded more than any other person. Hence, normally children who have some problem should not be invited to participate in a programme to discuss their own particular problems. By way of exception, should the station be of the opinion that a child’s participation be beneficial to such child, then the station should refer such case to A[enzija Appo[[ or such other agency in terms of the preceding paragraph. Children should be permitted by stations to participate in such programmes only when the provisions of the preceding paragraph have been complied with. 4.1.9 The provisions of paragraphs 4.1.1 to 4.1.8 shall also apply to other vulnerable persons who have reached majority age but are incapacitated in terms of the provisions of article 520 of the Code of Organization and Civil Procedure or under parental care and custody or tutorship. 4.1.10 The following additional requirements shall also be followed: i. such pre-screening session has to take place at least one week prior to the date of filming except in the case of L-Istrina where such screening has to take place at least one month prior to the date of filming so that in this latter case the necessary consent verifications may be made; ii. no pre-screening session shall take place where the child is less than three years. Should a child of less than three years appear on television, the child’s face shall be totally blurred so that the child cannot be identified; iii. where a child is filmed overseas but subsequently participates in a local programme and the overseas film is used during such a programme, a pre-screening session will still be required; iv. when parents/tutors consent to the appearance or participation of children in the broadcasting media such consent should be in writing and deposited with

A[enzija Appo[[, the broadcasting station in question and the Broadcasting Authority; v. the attached handout is distributed to both the children, where applicable, and parents/tutors prior to the screening session so that they are made aware of what the pre-screening session is intended to achieve; vi. the attached Pre-Screening Session Request Form detailing the child’s participation is filled in and copies are to be handed in to A[enzija Appo[[ before the pre-screening session, to the station concerned and to the Broadcasting Authority; vii. both the Pre-Screening Request Form and the Consent Form have to be duly filled and signed in triplicate before being forwarded to A[enzija Appo[[, the broadcasting station and the Broadcasting Authority.

4.2 Reference to third parties 4.2.1 Participants invited in a programme to tell a story cannot be allowed to refer to persons who are easily identifiable but who would not be present in the studios or who would not have given their prior consent to be so mentioned. It is not acceptable, for instance, to have participants say that parents, brothers or sisters or other individuals are no longer on speaking terms with them and that they would like to be reconciled with them, without respecting the right such people have not to be mentioned if they would not have given their prior consent.

4.3 Group rights 4.3.1 Producers should care not only for the rights of the individual who is participating in a programme but also to the rights of others who are in a similar situation but are not participating in the programme. It may be for example that an individual with a disability taking part may derive some personal benefit such as a cash gift. Producers should at all costs try to prevent that this is not misinterpreted and that these individuals are neither "victims" nor "innocent beings". Producers should adopt this attitude not only to individuals with a disability but also to any group of individuals considered vulnerable. 4.4 The use of close-ups

4.4.1 The use of close-ups (CUs) undoubtedly helps to render a television programme intimate in style, thereby increasing audience participation. But CUs can also constitute an invasion of privacy. For this reason, producers should avoid CUs when these are reasonably considered to amount to an invasion of privacy or when there are facial/physical defects. 4.5 Anonymity

4.5.1 When participants are promised anonymity, it is important that this understanding is strictly adhered to. For individuals to be protected it is often necessary to conduct the programme in such a way that the person concerned cannot be S.L.350.15 PROGRAMMES OF VULNERABLE PERSONS

recognized by the public in general and sometimes not even by friends or family. In order to achieve this it is often necessary to change both the audio as well as the visual image. Very frequently it would be better to use a voice over by another person and/or utilize the services of an actor rather than use distortion. In such cases, the audience should be informed of the technique adopted. 4.6 Persons suffering from a terminal illness, etc. 4.6.1 Persons suffering from a terminal illness or from acute physical conditions may participate in programmes only when their participation is such as to instil hope and inspiration in audiences watching them. When the station fears that the principal effect of such vulnerable persons’ participation will be such as to instil a sense of pity, such participation will not be considered permissible. Stations should be guided by the principle of respecting human dignity and avoiding focusing upon situations where people’s suffering is unduly emphasised and sensationalised. 4.7 Doorstepping 4.7.1 Doorstepping or the approaching without any prior notice of any vulnerable person with regard to anything concerning his/ her vulnerability shall not be permissible and stations shall desist from such conduct.

4.7.2 Nor shall doorstepping be allowed where third parties are requested to comment on the vulnerability of any vulnerable person. 4.8 Interpretation of requirements

4.8.1 In the interpretation of these Requirements, stations shall ensure that the spirit of these requirements is adhered to and any interpretation given should always be in the best interest of the vulnerable person.

FORMOLA G}AL TALBA BIEX ISSIR SEDUTA LI TG}ARBEL PRE-SCREENING SESSION REQUEST FORM Isem ta’ l-Istazzjon: Name of Station:

Data u ]in ma]suba g]ax-Xandira: Nhar: Fi: Date and Time of Intended Transmission: On: At:

Isem u Kunjom tat-Tifel/Tifla li ser jattendu g]as-Seduta li Tg]arbel: Name and Surname of Child to be Screened:

Età tat-Tifel/Tifla li ser j/tattendi g]as-Seduta li Tg]arbel: Age of Child attending the Pre-Screening Session:

Tul tad-Dehra fil-Programm: Duration of Appearance:

Natura tad-Dehra fil-Programm: Nature of Appearance: ................................................................................................................. ................................................................................................................. .................................................................................................................

Dirett Rikordjat Live Recorded Jekk il-programm hux dirett jew irrekordjat: Whether the programme is live or recorded:

Jekk il-{enituri/Tuturi tawx il-kunsens tag]hom IVA LE g]ad-dehra tat-Tifel/Tifla: YES NO (Eg]me\ kopja tal-Formola tal-Kunsens) Whether parents/tutors gave consent for child’s appearance: (attach copy of Consent Form) S.L.350.15 PROGRAMMES OF VULNERABLE PERSONS

FORMOLA TAL-KUNSENS CONSENT FORM Jiena (ni\\el l-isem u l-kunjom): I (insert name and surname): .................................................................... nag]ti l-kunsens tieg]i li (ni\\el l-isem u l-kunjom tat-Tifel/Tifla): hereby consent that (insert name and surname of child): ........................... jidher fuq (ni\\el l-isem ta’ l-Istazzjon): appears on (insert name of station): ......................................................... fil-programm (ni\\el l-isem tal-Programm): on the programme (add name of programme): .......................................... nhar (ni\\el id-data u l-]in): on (add date and time): ............................................................................. Jiena niddikjara ukoll li jien ni[i (ni\\el il-parentela - missier, omm, tutur e``.): I further declare that I am the (add relationship - father, mother, tutor, etc): tat-Tifel/Tifla .............................. of the said child. ................................. ............................. Firma Data Signature Date

VOLANTIN: HANDOUT: Seduti ma’ persuni vulnerabbli Screening sessions by A[enzija fil-mezzi tax-xandir APPO{{ of vulnerable persons in mill-A[enzija APPO{{ media programmes L-g]anijiet tas-seduta: Purposes of the screening session: Hu importanti li tkun taf li l-Please note that the assessment of assessjar tal-minuri / persuna the minor / vulnerable person vulnerabbli ssir f’seduta wa]da u takes place in one session and this din ma sservix biex jinfeta] ka\ ma’ is not intended to open a case with l-A[enzija. the Agency.