>> MEDIA CODE OF ETHICS

General Media Code of Ethics and Practice

1. Accuracy, balance and fairness.
2. Opportunity to reply.
3. Privacy.
4. Harassment and pursuit.
5. Subterfuge
6. Discrimination.
7. Children.
8. Victims in sexual cases.
9. Sexual relations and conduct.
10. Crime.
11. Payment for articles etc.
12. Innocent relations.
13. Religion.
14. Fijian chiefly and other ethnic institutions.
15. Strong language.
16. Grief and bereavement.
17. Advertising.
18. Personal interest and influences.
19. Financial journalism.
20. Confidential sources.
21. Taste and decency.
22. Impartiality and balance.
23. Deceptive practices.
24. Interviews.
25. Violence.
26. Distressing material.
27. Warning of disturbing or offensive material.
28. Dangerous or anti-social detail.
29. Crime and disorder.
30. Hijacking and kidnapping
31. Alarm, hypnotism and subliminal perception.
32. Cartoons.
33. Supplied material.
34. Product placement and reference.
35. Competition fair dealing

 

1. Principles.
2. Legality. 
3. Spirit of Code. 
4. Recognition. 
5. Deception.
6. Taste and decency. 
7. Portrayal.
8. Discriminatory exploitation.
9. Sexual exploitation.
10. Threatening situations.
11. Violence.
12. Trust, superstition and fear.
13. Disparagement.
14. Comparisons.
15. Testimonials.
16. Inclusion of living people.
17. Identification.
18. Fiji's chiefly institutions. 
19. Prohibited matter or messages.  Racial hatred, religious offence insurrection.
20. Advertisements and children.
21. Alcohol, tobacco, road safety and environmental claims.
22. Use of the words 'guarantee' and 'free'

a) Newspapers and magazines, radio and television broadcasting organizations, web sites and internet newsletters, and journalists working for them, should report and interpret news and current affairs honestly.  They should aim to disclose all known relevant facts and should take care not to publish material, which is inaccurate, misleading or distorted by wrong or improper emphasis or any other factor.

b) If a significant inaccuracy, misleading or distorted statement is published it must be corrected promptly with due prominence and, where appropriate, an apology.

c) Media must distinguish clearly between the news, comment, conjecture, fact and paid advertising.

d) Media organizations are free to be partisan. Each has a duty to be balanced and fair in their treatment of news and current affairs and their dealings with members of the public.

e) Editorial comment in any medium must be clearly identified as such and kept physically separate from news reports.

f)  Media should report fairly the result of any legal action brought against them and have an obligation to publish/broadcast, without diluting the finding, any adjudication by the Media Council on a complaint made against them.

Media have an obligation to give a fair opportunity to reply to any individual or organisation on which the medium itself  comments  editorially.

 a) Publication, whether electronic or traditional, or broadcasting, of information, including, pictures, about the private lives or concerns of individuals without their consent is acceptable only if a serious legitimate public interest outweighs their normal right to privacy.

b) Publishing such material and/or making inquiries about the private lives or concerns of individuals without consent is only justified where the material concerned ought to be published in the public interest, outweighing the normal right of privacy.

c) 'In the public interest' is not synonymous with 'of interest to the public' the public interest relied upon to justify investigation must be the serious and proper public interest and not mere curiosity.  Entry into public life does not disqualify individuals from the right to privacy about their private affairs, except where the circumstances of these are likely to affect their performance of, or fitness for, the public roles they hold or seek.

d) The overriding public interest relied upon in this and other clauses of the Code may include: Detection or exposure of crime.

Protection of public health and safety. Preventing the public from being seriously misled on an important matter by a public statement or action of an individual or institution.

Media must not seek interviews, information or pictures by intimidation or harassment.  Nor should the media invade individuals' privacy by deception, eavesdropping or covert technological means (including the taking of pictures in private places by long lens photography).

Information and picture gathering by such methods can be justified only in very rare circumstances where the material sought ought to be published in the public interest and could not be obtained in any other way.

Media organizations should use straightforward means to obtain information and pictures, normally identifying themselves when doing so.  Use of subterfuge, false identity or covert recording, can be justified only in rare circumstances when the material sought ought to be published in the public interest and could not be obtained in any other way. (See 3 d)

a) The Media should avoid discriminatory or denigratory references to people's gender, race, colour, religion, sexual orientation or preference, physical or mental disability or illness, or age.

b) The Media should not refer to a person's gender race, colour, religion, sexual orientation, or physical or mental illness in a prejudicial or pejorative context except where it is strictly relevant to the matter reported or adds significantly to readers', viewers' or listeners' understanding of that matter.

c) Media organizations should be sensitive to and particularly careful about the possible effects of discriminatory references to vulnerable minorities in prejudicial or pejorative contexts.

d)While media is free to report and comment on all matters of public interest, it is their duty not to publish material in a form likely to promote or encourage racial hatred or discord.

a) Generally, media people should not interview or photograph a child under the age of 16 in the absence of, or without the consent of a parent or other adult responsible for the child.

b) Generally, children should not be approached by the media, interviewed or photographed at school without the permission of school authorities.

c) Publication without consent of material about a child's private life cannot be justified solely by the fame, notoriety or position of his or her parents.

a) Media people must not identify victims of sexual assaults or publish material likely to contribute to their identification even when free by law to do so.

b) Media should not identify children under the age of 16 either as victims or witnesses in cases alleging sexual offences.

c) Reports of cases alleging sexual offences against a child may identify an adult concerned, providing they are not related, but must not identify the child, and must not include facts which imply a close relationship between an accused adult and a child victim. Where either party is identifiable, the word "incest" should not be used.

When reporting, or portraying, sexual activity and conduct, media organizations should be keenly aware of the danger of publishing material that affronts or offends public decency or the likely audience or readership.  Particular regard should be paid to the context of publication and time of transmission.

Crime and antisocial behaviour, especially involving violence, should not be glamorised or reported, portrayed or detailed in a manner which on reasonable judgement would be likely to encourage or incite or experiment.  Media should pay particular regard to the context, time of transmission and probable effect and the likely audience or readership of such items.  Special attention should be paid to the likelihood of such material being read, seen or listened to by children.

a) Payments or offers of payment must not be made directly or through agents to people engaged in or convicted of crime for information or articles related to their crimes, or for pictures whose value lies in their association with crime.  Nor should such payments or offers be made to associates of persons engaged in or convicted of crime, including their family, friends, neighbours and colleagues.

b) No payment or offer of payment should be made directly or indirectly, to any person known to be, or reasonably expected to be, a witness in criminal proceedings, for information or articles in connection with the proceedings until after their conclusion.

c) Payment or an offer of payment may be justified in very exceptional circumstances of  11a) or 11b) above, if information which ought to be published in the overriding, public interest cannot be obtained by any other means (see 3 d), page 6)

Media organizations should generally avoid identifying relations of persons convicted or accused of crime unless the connection is directly relevant to the matter reported.

a) While all public institutions are properly subject to scrutiny, inquiry and comment, media organizations should approach and refer to religious bodies in a balanced, fair and sensitive manner, recognising the respect and reverence in which they, their representatives and their beliefs are likely to be held by adherents.

b) Journalists and broadcasters should avoid intentionally giving offence to believers of all faiths by casual, gratuitous and expletive references to deities, which are unnecessary or unjustified by the context.

c) Recognition of the need for sensitive and balanced treatment of religions and religious affairs is particularly necessary in a society of differing faiths.

While free to report and to comment in the public interest on Fijian chiefly institutions, traditions, affairs and other cultural matters, and on those of other racial or ethnic groups, media should take particular care to deal with these subjects with sensitivity and appropriate respect.

Media should avoid gratuitous use of strong swearwords, obscene or blasphemous language in copy or broadcasts.  Publication or broadcasting of these in direct form can be justified only in rare cases when it is essential to readers' or audiences' understanding of the story reported or the dramatic development of a programme. In such cases care must be taken in choosing the context and scheduling of the material concerned to avoid unnecessarily causing offence to its likely readers or audience.

Media organisations should respect personal grief, taking care to make any necessary approaches and inquiries with sensitivity and discretion.

Advertisements and advertiser-sponsored material must be clearly distinguishable from general editorial and programme matter, where necessary by being clearly labelled in print or on air as 'advertisement', ‘advertising feature' etc.

a) Media people should not allow personal or family interest to influence them in their      professional duties. There will be occasions where journalists may be pressured by close associates about a story. At all times the journalist must make their editor, or supervisor, aware of such pressure.

b) Media people should not allow themselves to be influenced by any consideration, gift or advantage offered to them, or by advertising or other commercial considerations. At all times the journalist must make their editor/supervisor aware of such an offer.

c)      There will be occasions where journalists will be asked to cover assignments where the journalist may have a conflict of interest or a personal; interest. At all times the journalist must make their editor/supervisor aware of such a conflict.

a) Media people should not use for their own, or their families' profit, directly or indirectly, financial information received in their professional capacity in advance of its general publication.

b) They should not write or broadcast about shares or securities in which they or their families have an interest without disclosing the interest to their editor (or financial editor) and, where appropriate, to their readers or audience.

c) They should not buy or sell shares or securities about which they have written recently or which they intend to write about in the near future.

a) Journalists of all media have an obligation to protect confidential sources of information, and to respect confidences knowingly and willingly accepted in the course of their occupation.

B) Plagiarism is not acceptable. Where material originally prepared by another medium is used, credit should be given to the originator of the item or story.

Media should recognise currently accepted general standards of decency and taste in language and behaviour, bearing in mind the context in which the language and behaviour occur (including humour, satire and drama), and, for broadcasters, the timing of transmission and likely audience of the programme.

Media should endeavour to show fairness at all times, and impartiality and balance in any item or programme, series of items or programmes or in broadly related articles or programmes over a reasonable period of time when presenting news which deals with political matters, current affairs, and controversial questions.

Media should abstain from use of any deceptive practice or technique (including transmission or publication of 'reconstructions' or library pictures, film and recordings which are not clearly identifiable as such) which may diminish viewers' and listeners' or readers’ confidence in the integrity of media.

Interviews for print, electronic media, radio and television must be arranged, conducted, and edited fairly and honestly.  Potential interviewees are entitled to know in advance the format, subject and purpose of their interview, whether it will be transmitted live or recorded, when it will be printed, whether it may be edited, and whether only part of it may be used, or it may not be used at all.

They are also entitled to know in advance the identity and roles of other people likely to be interviewed at the same time or on the same subject for the same programme or article.

The presentation and editing of an interview must not distort or misrepresent the views of the interviewee or give a false impression of dialogue or the pretence that a recorded interview is being transmitted live.

Violence shown graphically or realistically indicated by sound must be justifiable in its context and intensity as being necessary to the programme or article.

Violence combined with sexuality should not be printed or transmitted in a manner designed to titillate its audience.

Explicit detail and prolonged focus on sexually violent contact must be avoided.

a) Editors, producers and broadcasters of news, current affairs and documentary programmes and articles should take particular care in deciding whether the inclusion of graphic detail and intensity of violent or distressful  material is warranted by its relevance and add to public understanding, of the subject.

b) Special consideration must be given before publication or transmission of  particularly disturbing, images including:

1) Torture or ill-treatment of people or animals
2) Close-ups of dead or mutilated bodies
3) Images of people in extreme pain or on the point of death          
4) Violence or ill treatment of children.

Warnings should be published or broadcast before or at the beginning of any article or broadcast containing language or pictures which are likely to be disturbing or offensive to normal readers, viewers or listeners bearing in mind for broadcasters the time of transmission, channel or wavelength and the likely audience.

Detailed pictures or information about methods of incendiary devices, or illicit use of drugs or solvents should not be transmitted in a way which might encourage or instruct such actions.

Programmes or articles likely to promote civil insurrection or encourage crime or public disorder must not be broadcast or published.

No information should be published or broadcast which is likely to endanger lives in,  or prejudice attempts to deal with, a hijack or kidnapping.

Media will refrain from publishing or broadcasting, except as legitimate entertainment or information, any material which, when considered whole:

a) Simulates news or events in print, sound or pictures in such a way as to mislead or alarm its audience

b)Depicts the process of putting a subject into a hypnotic state or is designed to induce a hypnotic state in its audience

c) Uses 'subliminal perception' or any similar technique to try to convey information by transmission of messages below or near the threshold of normal awareness, or

d) In an ostensibly factual programme or article depicts or demonstrates exorcism, psychic or occult practices other than as the subject of a legitimate investigation.

Cartoons, particularly when likely to be seen by children, should not include excessive violence especially when they feature human characters and follow realistic story lines as opposed to obviously fantastic or farcical themes.

Where a strong editorial reason warrants the inclusion in any article, programme or video or other recorded material supplied by or on behalf of official bodies, commercial companies or campaigning organisations, its source should be clearly labelled in print or on air in sound or vision.

When media choose to place commercial or other products or promotional material on air or in print in a programme or article context, it should be a clear policy that the commercial or other organisation thus identified has no influence on the content of the programme or article unless specifically publicized as such.

Media will ensure that in programmes or published competitions there is no collusion between broadcasters or publishers and contestants which results in the favouring of any contestant or contestants over others.

Advertising must be legal, decent, honest and truthful.

Advertisements must comply with the laws of Fiji and must be rejected by media if they do not.

The Media is responsible for ensuring that advertisements comply with the spirit as well as the letter of the Code of' Ethics and Practice for Advertisements and for rejecting them if they do not do so.

Advertisements must be clearly distinguishable from news, editorial and other material.  In cases which leave any room for doubt, they must be labelled as advertisements in print or on air in sound or vision.

Advertisements must not contain material likely to deceive or mislead people about any product or service, directly or by implication, by inclusion, omission, ambiguity, or false or misleading, comparison.

Advertisements should not include material which is offensive to prevailing general standards of taste and decency, or likely to prejudice respect for human dignity among its audience.   

Advertisements should not portray individuals or groups in a manner likely to expose them to violence, exploitation, hatred, contempt, abuse, denigration, ridicule or discrimination.

Advertisements may legitimately be aimed at particular audiences or specialised sections of the population but they must not seek to exploit or denigrate race, religion, age, gender, sexual orientation or preference, or cultural, political or reliious beliefs.

Advertisements should not employ sexual appeal which exploits or degrades individuals or groups to promote the sale of goods or services.  People should not  be portrayed irrelevantly in advertisements in attempts to use sexual appeal to draw attention to unrelated products.

Advertisements should not portray people in physically or sexually threatening, situations other than relevantly for educational purposes or to promote products intended to increase safety or security.

Advertisments must not support or encourage the unjustifiable use of violence or appear to do so.

Advertisements should not disparage or denigrate identifiable competitors or other products.

The identity and contact details of any advertiser whose advertisement deals with a matter of public controversy or advocates a particular position on an issue should be made clear on air in sound or vision or when published.

Advertisements must not contain material likely to lower public esteem for Fiji's chiefly institutions or other ethnic cultural institutions which are similarly revered.

Advertisements should not be accepted or transmitted if their effect is likely to:

a) Incite racial hatred, discrimination or discord

b) Cause offence to adherents of any major religion

c) Promote civil insurrection

The possible effects and impact of advertisements which are aimed at children, depict or refer to them, or are transmitted or printed during or immediately before or after programmes or articles principally intended for children must be considered with great care.  Before their acceptance or transmission account must be taken of the Code for Broadcast Advertising to Children and the relevant Guidelines and internal codes of individual  broadcasting or publishing organisations.

Similarly, account must be taken of the relevant internal code of practice before accepting or transmitting advertisements dealing with alcohol, tobacco or financial services, or involving road safety, or which make environmental claims.

Special care should be taken before allowing the use, in an advertisement, of words such as:

‘Guarantee', 'Guaranteed', 'warranty' or 'warranted'.

The medium must be satisfied that the full terms of any guarantee etc. referred to are either expressed or available for inspection 'Free’ products and samples should not be described as 'free' unless they are supplied at no cost, or no extra cost, except that of postage or carriage.

While complying with the Media Council's General Code of Ethics and Practice for Advertisements, publishers and broadcasting organisations, electronic media and advertisers on their services are required to observe the following articles of practice in respect of advertisements aimed at children, i.e. consumers aged 14 years or under to which Article 20 (page 16) Advertisements and Children in the General Broadcast Code also relates.

 

(a) Violence or aggression should not be portrayed in advertisements aimed at children.

(b) Advertisements should not contain menacing, or horrific themes, pictures or sounds likely to disturb children.

(c) They should not encourage anti-social behaviour or show children behaving anti-socially.

(d) Advertisements should not urge children to ask parents to buy particular products.

(e)Advertisements should not suggest that a child who does not own or have the product advertised will be inferior or be regarded as inferior.

(a) Unless specifically advertising safety, advertisements should not contain any oral or graphic representation of children taking part in unsafe acts or in unsafe situations, or encourage them to consort with strangers or to enter strange or hazardous places.

(b)Unless specifically advertising safety, advertisements should not show products being used unsafely or dangerously, or products which would be unsafe if used by children, without supervision.

(c)Advertisements should not depict realistic toy weapons which could be confused with real weapons.

(a) Care should be taken that advertisements are not ambiguous and do not mislead children about the size, value, nature, durability or performance of the product advertised.

(b) Advertisements should make clear when additional items (e.g. batteries, paint or costumes) are needed to use the product or produce the effect shown.

(c)The fact that a product must be assembled should be made clear, and where relevant the source of power and method of operation should be indicated.

(d) Advertisements must not understate the degree of skill required to use a product.  The skill required to obtain results shown or indicated must be attainable by an average child in the age range for which the product is intended.

If price is mentioned, the complete price of the product should be shown, preferably in print or sound and vision.  Advertisements should indicate clearly the cost of an initial item and of any additional items to be purchased separately.

Rules of any competition referred to should be clearly stated.  The value of prizes and the chances of winning must not be exaggerated.

Children's programmes or articles must not contain 'host selling', i.e. where a programme presenter or host endorses or promotes products to children.

 

THE MEDIA COUNCIL TELEVISION PROGRAMME CLASSIFICATIONS CODE
AND OPERATION FREE TO AIR TELEVISION

(a) G programmes may be screened at any time.


(b) They must not include material likely to be unsuitable for viewing by children aged less than 14 years.  They need not, however, be programmes made specifically for children.

(a) PGR programmes may be screened at any time other than those generally devoted to children's programmes. (Currently 4.00pm to 5.30pm on weekdays and 12.00pm to 1.00pm at weekends.)

(b) PGR programmes contain material which is more suitable for adult audiences but is not necessarily unsuitable to be seen by children subject to the guidance and discretion of a parent or responsible adult.

(c) Programme scheduling should recognise that material unsuitable for children should not generally be broadcast at times when large numbers of children are likely to be watching.  No system of classification or code of practice, however, can relieve parents or guardians of the responsibility to judge whether a particular programme is suitable viewing for their particular child.

(d) To assist such judgements broadcasting organizations should publish or transmit clear warnings when the subject, language or treatment of a forthcoming programme is likely to prove unexpectedly disturbing offensive or upsetting to some viewers, in particular to children or those responsible for guiding their viewing.

 

(a) AO programmes must not be screened before 8.30 pm, nor should verbally or graplically explicit trailers for them be screened before 8.30pm.

(b) Broadcasting organizations are responsible for ensuring that nothing is shown before that time on free to air television which would by its adult nature or treatment be unsuitable, whatever the viewing circumstances, to be seen by people aged under 18.

(a) Broadcasting, organisations and schedulers will be aware and should take into account that in the social and domestic circumstances of Fiji some children are likely to be among unintended potential viewers of any programme at any time.  This point is particularly relevant to the scheduling and advertising of films and other programmes made elsewhere and imported for a Fiji audience.

(b) Adult themes, scenes, references and treatment likely to warrant classification as PGR or AO, according to their intensity and explicitness include sex and sexual orientation, graphically depicted sexual intercourse and sexual innuendo, significant violence, including violence in the course of sexual activity, and violence towards children and animals, crime and antisocial behaviour, suicide and attempted suicide, drugs, alcohol and solvent abuse or dependence and medium and high level coarse language.

I   DISTINGUISHING CONSIDERATIONS

(a) Pay TV programmes do not, as free to air television may be said to do, come into viewers' homes uninvited.  They are discretionary, seen only where the household or someone on its behalf has decided to invite them in, and paid for them.  It is reasonable to place greater responsibility for such programmes being seen on viewers themselves, or in the case of children, on their parents or guardians.

b) On Pay TV the operation of programme categories and scheduling, may properly reflect that the standards and choice of what is seen are more obviously under the effective control of the viewer/subscriber.

(c) Logically this does not affect the threshold between General and PGR - Parental Guidance Recommended programmes. It does mean, however, that AO - Adults Only - programmes can appropriately be screened earlier in the evening than on free to air television to their target audience of consenting viewers who know broadly what kind of programmes they are paying for and can expect.

(d) There is a consequential obligation on broadcasting organizations that offer Pay TV services to make clear in advance to potential subscribers and target audiences the nature of the programmes likely to be shown.  There is a particular responsibility to make clear in advance the likelihood of programmes causing concern or embarrassment to audiences, especially to children or their parents, by the choice and treatment of adult themes.

AO - Adults Only programmes should not be screened on Pay TV before 7.30pm.

The Media Council's General Media Code of Ethics and Practice consciously reflects the differing, cultural and traditional values of Fiji Island's society.  The Thomson Foundation of Cardiff, UK, drafted it after wide and detailed consultation in Fiji with private individuals, public figures, Government and other political bodies, professional interest groups and the media.

The code is built around an internationally accepted core, and account was taken of codes and standards adopted elsewhere in the world, those of the following organisations among them: The British Press Council and Press Complaints Commission; The Press Councils of Australia, New Zealand, Sweden, India, Germany, Norway and Slovenia; The Media Council of Ghana; The International Federation of Journalists; The British Independent Television Commission; The British Broadcasting Standards Commission; Westcountry Television; The British Radio Authority; The Australian Office of Film and Literature Classification; The New Zealand Broadcasting Authority.

In January 1988 the Thomson foundation’s recommendations were accepted in principle by both the government and the Media Council (then known as the News Council). In accordance with those recommendations, the Council immediately elected to expand its ranks to include a number of independent members representative of the community at large, to sit along side media industry members.  At the time of going to press there were seven of each.

The Media Council General Media Code of Ethics and Practice and the mechanisms governing its implementation compare very favourably with those of all the countries named above.

The intention has always been that these Codes would be a ‘living’ document taking into account prevalent social mores and conditions, and subject to regular review.

Therefore the Media Council in Fiji carried out an extensive review of the Codes of Ethics and Practice in late 2001 and early 2002. Media Council members and the community at large were consulted in the review. Written submissions were solicited. Several were made and considered by the Committee with the organizations who had made them.

This is therefore the second edition of the Code.