විද්‍යුත් මාධ්‍ය වැඩසටහන් වල වෘත්තීය ප්‍රමිති පිළිබඳ සාකච්ඡා කෙටුම්පතක්

මෙරට විද්‍යුත් මාධ්‍ය වල වෘත්තීයභාවය ඉහළ නැංවීමේ අරමුණින් පුද්ගලික සහ රාජ්‍ය යන දෙවර්ගයේම විද්‍යුත්මාධ්‍ය වලින් ප්‍රචාරය කෙරෙන වැඩසටහන් සම්බන්ධ වෘත්තීය ප්‍රමිති හඳුන්වා දීම සඳහා ගුවන් විදුලි සංස්ථා පණත යටතේ විෂය භාර ඇමති වරයා විසින් ගැසට් කළ හැකි ප්‍රමිති ලයිස්තුවක් කෙටුම්පත් කර දෙන මෙන් 2019 ජුනි මස  නියෝජ්‍ය ඇමති කරුණාරත්න පරණවිතාන ප්‍රමුඛ කණ්ඩායමක් මගෙන් කළ ඉල්ලීමකට අනුව සකස් කළ විද්‍යුත් මාධ්‍ය වැඩසටහන් ප්‍රමිති සංග්‍රහයක සාකච්ඡා කෙටුම්පතක්ට පහත දැක්වේ.  වඩාත් යහපත් ක්‍රමය වන්නේ නිසි ස්වාධීන නියාමන ආයතනයක් මගින් ලබා දෙන විකාශන බලපත්‍රයක අනුල්ලංඝනීය කොන්දේසියක් වශයෙන් එවැනි ප්‍රමිති හඳුන්වා දීම වුවද විද්‍යුත් මාධ්‍ය පිහිටුවීම සඳහා දැනට බලපත්‍ර ලබා දෙන්නේ1967 අංක 37 දරණ ගුවන් විදුලි සංස්ථා පනතෙන් විෂයය භාර ඇමති වරයාට දී ඇති බලය අනුව වන බැවින් එම  පනතේ විධි විධාන ප්‍රකාරව මෙම ප්‍රමිති ගැසට් කිරීමට ඇමති වරයාට බලය ඇත. ග්‍රාහක ජනතාවට තමා නරඹන අසන වැඩසටහන් වල ප්‍රමිතිය කෙබඳු විය යුතු දැයි අවබෝධ කර ගැනීමටත් තමන් ඉදිරිපත් කරන වැඩසටහන් වල තිබිය යුතු වෘත්තීය ගුණාත්මක භාවය ගැන වැඩසටහන් නිෂ්පාදකයන් සහ ඉදිරිපත් කරන්නන්  දැනුවත් කිරීමටත් එවැනි ප්‍රමිති ගැසට් කිරීම අතිශයින් වැදගත්ය. විද්‍යුත් මාධ්‍ය සම්බන්ධයෙන් දියුණු ප්‍රජාතන්ත්‍රවාදී රටවල ප්‍රමිති වලට අනුව යමින් සකස් කළ මෙම ලේඛනයේ සිංහල පරිවර්තනය මට සොයා ගැනීමට නොහැකි විය.

DISCUSSION DRAFT – 26 JUNE 2019

PROGRAMME GUIDELINES FOR THOSE WHO HAVE OBTAINED BROADCASTING LICENSES …………….

  1. The under mentioned guidelines constitute a licensing condition to be fulfilled by all broadcast licensees irrespective of whether they are included or not in their current broadcasting licenses issued by the Ministry.
  •  All licensees should adhere to these programme guidelines which are provided to ensure the right of people to receive information which are accurate, credible, comprehensive and presented with due impartiality. Editorial responsibility for all content broadcast by a broadcasting service lies with the licensee.
  • Willful violation of these guidelines, which are in force from the date of this gazette, shall be considered as a violation of licensing conditions by the licensee.

4. SPECIAL IMPARTIALITY REQUIREMENT

4.1. The broadcast licensees should adhere to the following impartiality requirements in all broadcast programmes:

  • the exclusion, in the case of broadcasting programmes included in any of the broadcasting services offered, of all expressions of the views or opinions of the broadcast licensee on any of the following matters:
    • matters of political or industrial controversy;
    • matters relating to current public policy; and
    • matters influencing the outcome of elections and referendums held in Sri Lanka or any other country.
  • the preservation, in the case of every broadcasting service of due impartiality, on the part of the broadcast licensee, as respects all of those matters;
  • the prevention, in the case of any broadcasting licensees giving of undue prominence in the programmes included in the service to the views and opinions of particular persons or bodies on any of those matters.

4.2. This special impartiality requirement may be satisfied in relation to a series of broadcast programmes taken as a whole and transmitted within a reasonable period of each other.

4.3. In this regard the meaning of “due impartiality” should be understood in the following manner:

“Due” is an important qualification to the concept of impartiality. Impartiality itself means not favouring one side over another. It requires licensee to be fair and open minded when examining the evidence and weighing all the material facts, as well as being objective and even handed in licensee’s approach to a subject.  “Due” means adequate or appropriate to the subject and nature of the programme.  Thus, “due impartiality” does not mean an equal division of time has to be given to every view, or that every argument and every facet of every argument has to be represented. 

  •  NEWS, CURRENT AFFAIRS AND OTHER FACTUAL PROGRAMMES

The following requirements are particularly applicable to the news, current affairs and other factual programmes including programmes which contains news and information attributed to other sources such as the newspapers and online news sites.

  • Broadcast licensees must report news truthfully, accurately, fairly and without any expression of the broadcaster’s own view.
  • News must be presented in the correct context and in a fair manner, without intentional or negligent departure from the facts whether by distortion, exaggeration, misrepresentation, material omissions or summarizations.
  • Only that which may reasonably be true, having reasonable regard to the source of the news, may be presented as fact, and such fact must be broadcast fairly with reasonable regard to context and importance.
  •  Where a report is not based on fact or is founded on opinion, supposition, rumors or allegations, it must be presented in such manner as to indicate clearly that such is the case. Such news judgments should be informed by the best expertise available.
  • The reporting in the news should be dispassionate and authoritative. Except for the matters which are subjected to above mentioned special impartiality requirement, a news reporter may express a professional judgement but not a personal opinion and such judgements must not be prescriptive or fail to take account of other views. Such judgements must be backed with clearly presented evidence and be recognised as perceptive and fair.
  • Where there is reason to doubt the correctness of the report and it is practical to verify the correctness thereof, the report must be verified. Where such verification is not practical, that fact must be mentioned in the report.
  •  Where it subsequently appears that a broadcast report was incorrect in a material respect, it must be rectified forthwith, without reservation or delay. The rectification must be presented with such a degree of prominence and timing as in the circumstances may be adequate and fair so as to readily attract attention.
  • The identity of rape victims and other victims of sexual violence must not be divulged in any broadcast, whether as part of news or not, without the prior valid consent of the victim concerned.
    • Broadcasting service Broadcast licenseesmust advise viewers in advance of scenes or reporting of extraordinary violence, or graphic reporting on delicate subject matter such as sexual assault or court action related to sexual crimes, particularly during afternoon or early evening newscasts and updates.
  • News coverage of a demonstrations and public meetings should offer a comprehensive and impartial view. Estimates of attendance – whatever their source – need to be treated with due skepticism. When covering a demonstration, the broadcaster should be aware that the presence of cameras may influence the way people behave. Such coverage should not normally be used in the news and current affair programmes, but if its nature makes it necessary to report it, then reference should be made to how it occurred. 
  • Broadcasting service Broadcast licenseesmust not include explicit or graphic language related to news of destruction, accidents or sexual violence which could disturb children or sensitive audiences, except where it is in the public interest to include such material.
  • Depicting trauma in the case of a suffering should not add to the distress of people who already know of their loss.
  • The licensee should ensure that the broadcast treatment of current affairs, including matters which are either of public controversy or the subject of current public debate, is fair to all interests concerned and that the broadcast matter is presented in an objective and impartial manner and without any expression of the broadcaster’s own views.
  • When audience might reasonably expect to hear counter-arguments or where an individual, viewpoint or political party is not represented in a programme the licensee should explain the absence. This should be done in terms that are fair to the missing contributor. The presenter of the programme should consider whether he or she can represent their views based on what they already know. The licensee should strive not to misrepresent or to exclude a missing view altogether.
  •  In regard to the broadcast programmes the licensee must check and verify information, facts and documents, including those researched on the internet or gathered through any other sources. This should include confirming with an individual or organisation that they posted material and that it is accurate.
  • The ability to digitally create, manipulate and copy audio-visual material, including still photographs, video and documents poses ethical dilemmas and creates the potential for hoaxing. Therefore, the broadcaster should ensure that any digital manipulation, including the use of production techniques to create scenes or characters, does not distort the meaning of events, alter the impact of genuine material or otherwise seriously mislead the audience.
  • In the broadcast programmes the licensee should identify on air and online sources of information and significant contributors, as well as providing their credentials, so that the audiences can judge their status.
  • The licensee should not broadcast any material in which allegations are made against another person or organisation without ensuring the following:
  • the accuracy of the facts contained in the allegations, including in the statements attributed to the others;
  • whether the story is of significant public interest;
  • whether the source is of proven credibility and reliability and in position to have sufficient knowledge of the events and facts featured in the allegation;
  • whether a response to allegations has been sought by the licensee from those people or organisations who have been subjected to the allegations;
  • When a broadcast programme make allegations of wrong doing, iniquity or incompetence or lay out a strong and damaging critique of an individual or institution those criticized should be given a “right of reply”, that is, given a fair opportunity to respond to the allegations before the broadcast. The licensee’s request for a response must be properly logged with the name of the person approached and the key elements of the exchange. The licensee should always describe the allegations in sufficient detail to enable an informed response. The response should be reflected fairly and accurately and should normally be broadcast in the same programme, or published at the same time, as the allegation.
  • When broadcast drama realistically portrays living people in contemporary situations, particularly a controversial or sensitive event, the same standards of fairness which apply to factual programmes should generally be observed. It is inevitable that the creative realization of some dramatic elements such as characterization, dialogue and atmosphere, will introduce a fictional dimension, but Broadcast licensees have an obligation to be accurate and to ensure the drama does not unduly distort the known facts and thus become unfair.
  • PRIVACY

6.1`. The Broadcast licenseesmust not infringe privacy of individuals unless their justifiable overiding public interest involved. It is essential to respects an individual’s privacy and treats them fairly, while investigating and establishing matters which it is in the public interest to reveal. Private behaviour, correspondence and conversation should not be brought into the public domain unless there is a clear public interest. The Broadcast licenseesshould

  • balance the public interest in freedom of expression with the legitimate expectation of privacy by individuals.
  • balance the public interest in the full and accurate reporting of stories involving human suffering and distress with an individual’s privacy and respect for their human dignity and the right to grieve in private.
  •  justify intrusions into an individual’s private life without consent by demonstrating a clear public interest.
  • normally only report the private legal behavior of public figures where broader public issues are raised either by the behavior itself or by the consequences of its becoming widely known.
  • in the protection of privacy, dignity and reputation special weight must be afforded to the privacy, dignity and reputation of children, the aged and the physically and mentally disabled.
  • The fact of publication by other media does not justify the Broadcast licenseesreporting it.

6.2.  An individual’s right to privacy is also qualified by their behavior. People are less entitled to privacy where their behavior is criminal or seriously anti-social.

6.7. The people in a public place cannot expect the same degree of privacy as in their homes. They run the risk of being spotted by any one and that means they may be spotted by cameras or recorded by microphones. In general broadcasters should operate openly in public where they can see and be seen.

6.8. Although broadcaster may not able to guarantee that the broadcasting of recording made in public will not cause individual embarrassment, broadcaster should not intend that to be a consequence unless they are engaged in clearly anti-social activity.

6.9. On private property – and specially in their homes- people may reasonably expect not to be watched or listened to by a broadcaster.  Therefore:

  1. Broadcasters should not plant an unattended recording device on private property without permission of the owner, occupier or their legitimate agent unless for the purpose of gaining evidence of serious crime. The broadcaster should obtain prime facie evidence that the crime has been planned or committed by those who are the subject of the recording.
  2. It is necessary for the broadcaster to show why an open approach would be unlikely to succeed and why the material is needed in programme terms. Each such case must be approved by the Head of the Programmes
  3. Prominent public figures must expect media attention when they become the subject of news stories, but the open an  apparent use of cameras or other equipment on public property aimed at recording them on private property must be appropriate to the importance of the story and must respect the rights of public figures to a proper level of privacy.
  4. Normally the programmes should cover funerals only when the permission of the family has been obtained. Justification of overriding public interest requirement is needed if the wishes of the family are to be ignored. In any event, the funerals should be covered sensitively, and should avoid intrusive conduct, such as close camera shots of people who are grieving.
  5. When a broadcaster want to record for possible broadcast a telephone call to which the broadcaster  is one of the parties the broadcaster should normally seek agreement of the other party in advance, unless there is an overriding public interest involved in recording the conversation without seeking prior consent.

6.9. The definition of public interest mention in these guidelines includes but is not confined to:

  • exposing or detecting crime.
  • exposing significantly anti-social behavior.
  • exposing corruption or injustice.
  • disclosing significant incompetence or negligence.
  • protecting people’s health and safety.
  • preventing people from being misled by some statement or action of an individual or organisation.
  • disclosing information that allows people to make a significantly more informed decision about matters of public importance
  • Personal View Programmes:

Factual programmes that allow a single individual or group to offer a coherent though partial view of an issue can add significantly to public understanding, especially when they bring forward unusually and rarely heard perspectives on topics that are well known from orthodox viewpoints.

  • The licensee must ensure that while these programmes may be partial, they are also accurate and fair and does not misrepresent the opposing viewpoints.
    • The licensee should ensure to make clear to the audience the nature of the personal view programme so that people should be in no doubt that they are viewing or listening to a viewpoint.
    • Since reactions to the personal view programmes may be instructive as well, the licensee should consider suitable opportunities for credible responses in good time and in appropriate programmes.
  • Interviewing – even handedness
    • Licensee should ensure that broadcast interviews should be searching and to the point. They should always be wells mannered, not aggressive, hectoring or rude, whatever the provocation and the subject. The licensee should adhere to the following requirements in broadcast interviews.
  • anyone expressing contentious views in the programmes are rigorously tested by the interviewer without appearing to be emotional or threatening.
  • when a testing interview becomes charged, the emotion should come from the interviewee and not from the interviewer.
  • interviewers in programmes covered by the special impartiality requirement should not cross the line and appear to viewers and listeners personally to be sympathetic to a particular position.
  • The behavior of the interviewer should enable listeners and the viewers to regard the interviewer as working on their behalf.
  •  The interviewer should appear though minded, sharp, skeptical and sufficiently informed – but not partial, committed or emotionally attached to one side of an argument.
  • The interviewer should not ask questions which attempt to disorientate an interviewee such as “Are you in this mess because you are dishonest or just foolish?” or questions which tackle people unfairly.
  • The interviewer should ensure to reveal any evasion by the interviewee coolly and politely – if necessary by repeating the question and explaining to the interviewee and to the audience why the previous answer did not address it.
  • The tone and approach for ordinary people who find themselves as interviews has to be appropriate. They are not likely to be experience in broadcasting and Broadcast licenseesneed to make sure they are not talked down to nor intimated by brusque questioning.
  • Some interviews are important for elucidation and the techniques appropriate to this purpose are different from those used to test the stance of public figures on controversial issues. The people interviewed as eyewitnesses or as experts may need to be encouraged rather than challenged.
  • The people in a state of distress must not be put under any pressure to provide interviews against their wishes.
  • When editing of recorded Interview and extracts are to be included in an edited report, interviewees should be dealt with fairly. This includes telling them that their contributions will be edited, bear in mind that the editing process can give rise to disputes between interviewees and the broadcaster.
  • If an interviewee is being asked or provided an opportunity to reply to detailed criticism the licensee should ensure that the interviewee is given an opportunity to respond to each of the main points aired in the programme. Care should also be taken to reflect in the edited programme the points of substance made by the interviewee in the full recording. Choosing only the weaker responses of an interview in preference to effective rebuttal is unfair. Overall, a reasonable person, seeing or hearing the interview both in full and edited form, should conclude that it has been edited fairly.
  • Recorded interviews should be well focused and where possible they should be of a length appropriate to the likely amount of material to be included in the finished programme. Using only brief extracts from long and unfocused interviews can cause justified ill-feeling.
  • REPORTING FROM THE COURTS
  • The broadcaster should avoid broadcasting any material that might give rise to a substantial risk that the course of justice will be seriously impeded or prejudiced. The licensee should avoide the following hazard of contempt during the active period of the case which ends once sentence is passed on a criminal case and on judgement in a civil case:
  1. broadcasting pictures or comments which could influence, those involved (witnesses, judges, jurors, lawyers, and parties in the action)
  2. broadcasting of detailed account of evidence likely to be given  in a case which would run the risk of contempt if broadcast during the active period.
  3. broadcast of material which could effect the way in which one of the parties conducts the case.
  4. broadcasting an interview with a witness before the case is over.
  5. having dealings with witnesses which might influence or be though likely to influence their evidence
  6. speaking to a juror in a case about the case at any time, before during or after the hearing – this applies whether or not the report is actually transmitted.
  7. reporting what judge has forbidden to be reported.
  8. speculating about the outcome of the case.
  9. commenting on a case due for retrial.
  10. publishing material of general nature about the courts capable of undermining confidence in the conduct of a particular cas
  11. publishing what is said in court in the absence of a jury.
  1. RECORDING FOR COMEDY OR ENTERTAINING CONTENT
    1. The following principles should be adhered to gathering programme material for the purpose of the comedy or light entertainment:
  2. the people who feature prominently in the recordings should be asked to give their permission before the material is broadcast.
  3. the purpose should not be to expose people to hurtful ridicule or to exploit them
  4. the broadcaster should respect the wishes of the individual who become aware of the recording and ask for it to stop.
  5. the broadcaster should give assurance of any material recorded if such assurances are sought.
  6. the broadcaster should obtain permission from the owners or occupiers before recrding on private property.
  1. BROADCASTING OPINION POLLS

The polls tell nothing about future shifts in opinion. They are based on what a sample of people tells the pollsters at a given point in time. Therefore, broadcasters should not say that an opinion poll proves or shows what the nature at large is thinking. When the polls are accurate, they indicate or suggest what people were saying at the time the field work was done.

  1. Once an election is declared by the election commission the broadcaster should not broadcast results of any opinion poll which might influence the outcome of the elections.
  1. The broadcasters should not commission exit polls for use on air before the results of an election is officially declared.
  1. When reporting on polls in other circumstances broadcasters should not rely on the interpretations given to a poll’s results by the publication or organisation which commissioned it. Instead broadcasters should look at the sample size, representativeness, methodologies, framing of questions, data and interpretation of data with the assistance of independent experts before deciding to air the information gathered through such polls.
  1. Broadcasters should not use the language which gives greater credibility to the polls than they merit – results never “prove” or even “show”, they simply “suggest”
  1. When reporting on polls the broadcaster should:
  2. mention who commissioned and who carried out the poll
  3. mention the size of the sample and how representativeness was it.
  4. whether it was a random sample or a quota sample
  5. the margin of error.
  1. BROADCASTING OF ADVERTISMENTS
  1. Licensee should ensure that all advertisements comply with the laws of Sri Lanka and that no broadcast advertisement is misleading or deceptive or likely to mislead or deceive the consumer. All broadcasting dvertisements should be prepared with and observe a high standard of social responsibility to the consumer and to the society. The licensee should adhere to the following guidelines when broadcasting advertisements.
  1. Identification – Advertisements should be clearly distinguishable as such, whatever their form and whatever the programme used; when an advertisement appears in a programme which contains news or editorial matter, it must be presented so that it is readily recognised as an advertisement.
  2. Truthful Presentation – Advertisements should not contain any statement or visual presentation or create an overall impression which directly or by implication, omission, ambiguity or exaggerated claim is misleading or deceptive, is likely to deceive or mislead the consumer, makes false and misleading representation, abuses the trust of the consumer or exploits his/her lack of experience or knowledge. (Obvious hyperbole, identifiable as such, is not considered to be misleading).
  3. Research, Tests and Surveys – Advertisements should not use tests and surveys, research results or quotations from technical and scientific literature, in a manner which is misleading or deceptive.
  4. Decency – Advertisements should not contain anything which clearly offends against generally prevailing community standards of decency  taking into account the context, audience and product (including services).
  5. Offensiveness – Advertisements should not contain anything which in the light of generally prevailing community standards is likely to cause serious or widespread offence taking into account the context, medium, audience and product (including services).
  6. Fear – Advertisements should not exploit the superstitious, nor without justifiable reason, play on fear.
  7. Violence – Advertisements should not contain anything which lends support to unacceptable violent behavior.
  8. Denigration – Advertisements should not denigrate identifiable products or competitors.
  9. Testimonials – Advertisements should not contain or refer to any personal testimonial unless it is genuine, current, related to the experience of the person giving it and representative of typical and not exceptional cases. The claims in the testimonial should be verifiable.
  10. Privacy – Unless prior permission has been obtained an advertisement should not portray or refer to any persons, whether in a private or public capacity, or refer to any person’s property, in a way likely to convey the impression of a genuine endorsement.
  11. Advocacy Advertising – Expression of opinion in advocacy advertising is an essential and desirable part of the functioning of a democratic society. Therefore, such opinions may be robust. However, opinion should be clearly distinguishable from information. The identity of an advertiser in matters of public interest or political issue should be clear.
  12. Safety – Advertisements should not, unless justifiable on educational or social grounds, contain any visual presentation or any description of dangerous or illegal practices or situations which encourage a disregard for safety.
  13. Children: Advertisements should not by implication, omission, ambiguity or exaggerated claim mislead or deceive or be likely to mislead or deceive children, abuse their trust or exploit their lack of knowledge or without reason play on fear.
  1. 2.   Licensee should ensure that political advertisement during election times follows the guidelines issued by the Election Commission.
  1. Licensee should ensure that the maximum  hourly  advertising  which  may  be  carried  by  a  broadcasting service  shall in no case exceed fifteen (15) minutes in any given hour, provided that, for this purpose, sponsorship shall not be deemed to constitute advertising.
  1. CHILDREN AND JUVENILE PARTICIPANTS

13.1. The Broadcast licenseesmust not broadcast material which is harmful or disturbing to children at times when a large number of children is likely to be part of the audience,

13.2. The Broadcast licenseesmust exercise particular caution, as provided below, in the depiction of violence in children’s programming,

  1. In children’s programming portrayed by real-life characters, violence may, whether physical, verbal or emotional, only be portrayed when it is essential to the development of a character and plot. 4.
  2. Animated programming for children, while accepted as a stylized form of storytelling which may contain non-realistic violence, must not have violence as its central theme, and must not incite dangerous imitation,
  3. Programming for children must with reasonable care deal with themes that could threaten their sense of security when portraying, for example, domestic conflict, death, crime or the use of drugs or alcohol.
  4. Programming for children must with reasonable care deal with themes which could influence children to imitate acts which they see on screen or hear about, such as the use of plastic bags as toys, tile use of matches or the use of dangerous household objects as toys.
  5. Programming for children must not contain realistic scenes of violence which create the impression that violence is the preferred or only method to resolve conflict between individuals.
  6. Programming for children must not contain realistic scenes of violence which minimise or gloss over the effect of violent acts. Any realistic depictions of violence must portray, in human terms, the consequences of that violence to its victims and its perpetrators.
  7. Programming for children must not contain frightening or otherwise excessive special effects not required by the story line.
  8. Offensive language, including profanity and other religiously insensitive material, must not be broadcast in programmes specially designed for children.
  9. No excessively or grossly offensive language should be used at times when a large number of children is likely to be part of the audience on television or radio.  

13.3. Due care must be taken over the physical and emotional welfare and the dignity of people under eighteen who take part or are otherwise involved in programmes. This is irrespective of any consent given by the participant or by a parent, guardian or other person over the age of eighteen in loco parentis.

13.4.  People under eighteen must not be caused unnecessary distress or anxiety by their involvement in programmes or by the broadcast of those programmes.

13.5.  Prizes aimed at children must be appropriate to the age range of both the target audience and the participants.

  1. EMERGENCY APPEALS AND COVERING DISASTERS:

14.1. All emergency appeals, in the case of natural disasters and serious emergencies should be broadcast in consultation with the respective agencies responsible of dealing with such disasters and emergencies.

14.2. Any funds or material collected and disbursed through such appeals should be audited and reported to the ministry which grants the broadcasting license within a four months period from such appeal is made.  

  1.  In covering accidents and disasters licensees need to balance full accurate report against the obligation to avoid causing any unnecessary distress or anxiety.
  1. In covering accidents and disasters emphasis should be placed on providing, swiftly and accurately basic factual material such as time, location, rote and flight number etc. as they serve to narrow the are of anxiety for viewers and listeners.
  1. Such incidents being covered live call fo special care. Broadcast commentary must not be alarmist and description of horrific events should be measured so that it will not provoke to create violent responses. Camera work must be thoughtful and closed up shots should be included only when fully justified.
  1. RIGHT OF REPLY
    1. Those who consider that they have suffered damaged to their legitimate interests, and their reputation and good name, as a consequence of the distortion of facts in a broadcast shall have the right to reply in the broadcasting service concerned or to another equivalent remedy. The aggrieved party should seek right to reply from the broadcaster within 14 days of the relevant broadcast.
  1. Replies shall be published or made available immediately after reasons have been advanced in support of a request to this effect. Replies shall be published or presented, irrespective of the form of the broadcast programme, in such a manner as to command attention.
  1. The licensee shall not seek payment for publishing the reply or making it available.
  1. The licensee may reject a request to reply where:
  2. the reply exceeds the time considered necessary to rectify the facts of the case;
  3. the reply contains other content and/or more content than that which rectifies the facts that have been publicised by the licensee;
  4. the reply contains content that violates the Penal Code and is of such a nature as to involve the licensee in compensatory liability, or is contrary to public morals;
  5. the reply infringes the legally protected interests of a third party;
  6. the interested parties are unable to demonstrate that they have personal legally protected interests at stake, or
  7. the information broadcast by the licensee consists of direct citations of content originating from the president, parliament, government authorities or courts of law.
    1.  A rejection under the above section shall be announced to the party in question within 72 hours of the submission of the request to make a reply.
    1.  If a Licensee rejects a request to make a reply or fails to respond to a party’s request within the time limit stated there, the party in question may refer the matter to the Secretary of the Ministry, who shall decide whether or not to grant the party a right of reply.
  1. The Secretary of the Ministry  shall render his or her decision within a week of receiving the request and shall require the Licensee concerned to communicate the reply without delay where appropriate.
  1. Those who consider that their rights have been violated and who are entitled to make a reply under the first and second paragraphs of this section shall be provided, free of charge, with a copy of the content in question. Disputes regarding entitlement to content according to this paragraph may also be referred to the Secretary for a decision.
  1. Licensees shall indicate on their website or in another public manner where parties may apply if they consider that their lawful interests have been damaged. The name, telephone number and/or email address of the media service provider’s contact person shall be indicated.
  1. PRESERVATION OF BROADCAST PROGRAMMES

16.1. Broadcast licensees should keep recordings of all programme broadcasts. The television recordings have to be kept for 90 days from the broadcast; radio recordings for 42 days. When a programme is repeated the period starts from the day of the repeat.

16.2. All broadcasters are obliged to provide a true copy of the broadcast programme free of charge whenever requested by the Secretary of the Ministry dealing with the subject of broadcasting licenses.

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