CONSULTATION
DOCUMENT
FOR THE DEVELOPMENT OF
The National Broadcasting
Code for the Republic of Trinidad and Tobago
(DRAFT)
April 18th 2005
1.
Introduction
1.1
The Telecommunications Authority of
Trinidad and Tobago (TATT), established on July 5th 2001,
is an independent regulatory body responsible for the liberalization and
the regulation of both the telecommunications and broadcasting sectors
in Trinidad and Tobago.
1.2
The development and promulgation of a
Broadcasting Code are prescribed in Section 79 of the Telecommunications
Act No 4 of 2001, which also mandated the establishment of the
Authority. The Act states the following:
“(1) Subject to this Act, the Authority
shall, within a year of its establishment, by Order subject to
affirmative resolution of Parliament, promulgate a Broadcasting Code to
regulate the practices of concessionaires of broadcasting services.
(2) In The course of developing a
Broadcasting Code, the provisions section 78(3) shall apply mutatis
mutandis.
(3) The Authority may, by Order, amend the
Broadcasting Code, subject to affirmative resolution of Parliament.”
1.3
The Broadcasting Code applies to the
transmission of audio, video and text broadcasts via any medium, whether
“free to air”, subscription based or the Internet.
1.4
Enshrined in the Trinidad and Tobago
Republican Constitution, are a number of rights and freedoms that guide
the maintenance of this country’s democratic process. Among these are
the “freedom of thought and expression’ and “freedom of the press”. The
Broadcasting Code does not seek to abrogate, abridge or authorize the
abrogation, abridgement or infringement of these freedoms. The
Broadcasting Code, like the National Policy on Broadcast and the
Broadcasting Industry, seeks to ensure the healthy development of
Trinidad and Tobago’s dynamic broadcasting sector which meaningfully
contributes to our economic, social and cultural development.
1.5
The provisions of this Code therefore
should not be construed as preventing or impeding the broadcast of the
wide range of material necessary to help broadcasters fulfill their
obligations and to operate in the public interest and be viable
corporate entities. The challenge to the broadcaster would now be to
determine how to cater suitably for the complexities of human behaviour
in our multi-ethnic, multi-cultural, and multi-religious democratic
society within the parameters of the Code.
1.6
Over the last decade this country’s
broadcasting sector has been undeniably transformed, primarily as a
consequence of rapidly evolving information and communications
technologies, fueled by the market forces of a globalized environment.
1.7
The broadcast media, including radio
and television, in Trinidad and Tobago and indeed worldwide, are potent
and dynamic cultural platforms that allow for the interactive exchange
of ideas and information between broadcasters and the general public.
Arguably, no other form of telecommunications has as much impact upon
the psyche of the average individual as broadcasting.
1.8
The broadcasting industry in Trinidad
and Tobago operates in a multi-ethnic, multi-cultural, and
multi-religious democratic society, where the rich diversity of its
people should be a source of pride. These virtues can contribute to the
building of an enviable democracy.
1.9
Positive discussions on our radio and
television stations on issues such as race religion and politics as well
as programmes and broadcasts, that deal with real life issues such as
rape, violence and relationships can aid in shaping social consensus on
acceptable behaviour, introducing positive values, crafting the soul of
the individual – that is the thinking, feeling and deciding aspects of
our being.
1.10
Unfortunately, there has been the
persistent dissemination of offensive information in some of the local
broadcast media that results in denigration and and a sense of
humiliation among various sections of our national community, and may
prompt negative inter-group perspectives and stereotyping and may even
incite violence. This can, over time, lead to the erosion and ultimate
collapse of our democracy.
1.11
Cognisant of the need to guide and
encourage broadcasters to develop and transmit programmes directed
towards advancing the cultural, social and educational aspects of our
communities and by extension, the wider national community, the
Government of the Republic of Trinidad and Tobago (GoRTT), through the
Telecommunications Authority of Trinidad and Tobago is proposing to
develop the National Broadcasting Code in collaboration with the general
public. The document gives broadcasters and the general public an
understanding of the factors which should to be taken into account when
making editorial judgments.
1.12
The Authority is of the view that
Broadcasters must respect and value the diversity that exists in the
society and, as such, must not only support all efforts and activities
that redound to to social peace and mutual respect among its constituent
groups, but also never engage in any activity which may directly or
indirectly lead to a breakdown in the societal harmony, which the vast
majority of citizens of our twin island state hold so dearly.
1.13
Broadcasters are required to exercise
the utmost responsibility and diligence when deciding upon the content
of the material to be broadcast, the manner of interaction with the
general public and the quality of exchanges with members of the public.
1.14
Broadcasters should provide coverage
of public events consistent with the needs of an informed and
enlightened citizenry. The treatment of such events by television and
radio broadcasters must serve to provide adequate and informed coverage.
1.15
Television provides a valuable forum
for the expression of responsible views on public issues of a
controversial nature. The responsibility of the television broadcaster
is to seek out and develop with accountable individuals, groups and
organizations, programmes relating to controversial public issues of
importance to his or her fellow citizens; and to give fair
representation to opposing sides of issues which in any way affect the
life or welfare of a substantial segment of the national community, as
defined by culture, religion, faith and values or as enshrined in the
Telecommunications Act of 2001.
1.16
Programmes devoted to the discussion
of National public issues and events must not be presented in a manner
which may mislead listeners or viewers to believe that the programme is
purely of an entertainment, news, or other nature.
1.17
Similarly, statements of station
opinion are to be appropriately distinguished from news or any other
programme material. Broadcasts in which the opinions of stations are
expressed on issues of general public and national interest must be
clearly identified as editorials.
1.18
Ultimately, editorial responsibility
lies with the broadcasters themselves. However the Code draws attention
to specific issues on which it offers clear guidance. The Code provides
a set of principles and rules for the practice of broadcasting and for
broadcasters to interact with the general public in a manner which is
acceptable to the national community.
1.19
The Authority will respond to
registered complaints and concerns from the listenership, viewership and
customers as they pertain to this Code and substantiated breaches
thereof, so as to apply graduated sanctions where deemed appropriate.
The procedures to be employed in effecting such sanctions must be
transparent, and should be consistent with the nature, degree and number
of complaints.
1.20
The Authority recognizes that audience
expectations are varied. Yet in fulfilling the expectations of a varied
audience, broadcasters must do so in a manner that is acceptable to the
national community. Broadcasters must therefore be guided by the general
effect of this Code when their own codes or guidelines are formulated.
2.
THE BROADCASTING CODE
The Broadcasting Code of the Republic of
Trinidad and Tobago is as follows:
Definitions
2.1
The “Broadcasting Code” hereinafter
referred to as “the Code” means the rules for regulating broadcasting in
the Republic of Trinidad and Tobago.
2.2
“Broadcasting Service” means the
offering of the transmission of programmes, whether or not encrypted, by
any means of telecommunications, for reception by the general public,
local and international, including sound, radio, television and other
types of transmissions, such as those on a point to multipoint basis.
2.3
“Broadcaster” means an individual or
company who provides and/or enables the provision of a “Broadcasting
Service” in the Republic of Trinidad and Tobago.
2.4
“Telecommunications” includes the
transmission, emission, or reception of signals, writing, pulses,
images, sounds, or other intelligence of any kind by wire, wireless,
optical or electromagnetic spectrum or by way of any other means.
2.5
“Pornography” means sexually explicit
pictures, writing or other material whose primary purpose is to cause
sexual arousal.
2.6
“Explicit” in relation to sexual acts
means portraying or depicting the act in a manner which exhibits the
genitalia of the participants.
2.7
“Indecent” means offending against
socially acceptable standards.
2.8
“Obscene” means offensively or
repulsively indecent.
2.9
“Profanity delay” is a facility that
affords the broadcaster the ability to edit obscene or offensive
material prior to broadcast.
3.1 TAPED RECORDINGS OF PROGRAMMES
BROADCAST
3.2
Broadcasters must provide within 48
hours of a written request by the Telecommunications Authority of
Trinidad and Tobago, unedited audio and/or videotaped recordings and
transcripts of any programme, transmitted by the broadcaster’s
station.
3.3
Broadcasters shall be required to keep
a manual and electronic log of actual and planned programme broadcasts
for a minimum period of fourteen (14) days. Thereafter planned and
actual programme logs can be electronically stored and archived.
3.4
PROVISION OF HELP LINES
3.5
Broadcasters shall provide information
on recognized available relevant help lines, prior to and after
transmitting programmes identifying abuse and portraying individuals as
victims of any form of abuse.
3.6
THE CHILD AUDIENCE
3.7
The child audience covers a wide age
range (as identified by the Children Act 68 of 2000). Some children’s
programmes or news programmes may contain offensive or disturbing
material. Parents or guardians must be given the opportunity to make
informed judgments about the programmes to be viewed. Broadcasters
have a clear duty to give sufficient information about the nature and
content of programmes to allow parents and guardians to make an informed
judgment on a programme’s suitability for their children to view or
hear. Such information shall, in the case of any feature film broadcast
via television, include as a minimum such rating or classification given
to such film under the relevant legislation in force from time to time,
or in the absence of such classification or legislation or where such
notification is made impracticable by the broadcast (for example the
re-broadcast of unedited international channels on subscription
television) a classification issued by any body (whether situated in
Trinidad and Tobago or not) whose classifications have been approved by
the Authority for this purpose.
Broadcasters are not permitted under
any circumstances to broadcast or transmit at any time of day or night
any material which depicts or contains explicit scenes of intercourse or
other sexual activity.
3.8
Parents must be confident that their
children can view or listen to programmes without the risk of being
exposed to disturbing or offensive material. Broadcasters shall
not transmit disturbing or offensive material before 11:30 pm)
3.9
Television and radio programming,
which starts at 11:30 pm and lasts until 5.30 am, will be viewed as a
scheduling marker to distinguish clearly between programmes intended to
be suitable for family viewing and those intended primarily for adults.
Broadcasters shall only be allowed to
transmit mature audience rated material between 11:30 pm and 5:30 am.
3.10
Some footage contained in news
programmes may be unsuitable for child audiences. Broadcasters
shall provide suitable effective parental warnings before the broadcast
of disturbing or offensive material during news programmes.
3.11
Programmes transmitted via
cable and licensed satellite are viewed by a very wide child audience
who must not be exposed to programmes containing disturbing or offensive
material. Cable and licensed satellite services shall operate by
the standard 9:00 pm to 11:30 pm time frame for the airing of
children’s material and 11:30 pm to 5:30 am for mature material for
all channels.
3.12
Pay Per View services give subscribers
greater choice over what they may choose to view. While these services
have stricter access systems the programmes shown must also conform to
the Code. Operators of Pay Per View services shall ensure that
their films or programmes conform to the principles set out in this
Code.
3.13.1 Children are exposed to radio
broadcasts, especially during breakfast programming and school
broadcasts and as such they must not be exposed to disturbing or
offensive material. Broadcasters shall exercise sensitivity at all
times when children are more apt to listen to radio programmes.
Broadcasts are therefore required to clearly identify programming for
child audiences.
3.14.1
News bulletins and documentary
programmes are now part of the day-long output of many broadcast
services. At certain times of the day, large numbers of children are
viewing or listening. Although documentary programmes may be seen to
have greater licence, similar considerations must apply. In airing
news bulletins and documentaries, Broadcasters shall exercise discretion
over what is transmitted at different times of the day and provide
appropriate warnings as identified within the Code.
3.15
There should be no
justification for the broadcast of intrusive material about children,
even if the children and their families have been fully briefed and
given their consent beforehand. Broadcasters shall not air
material containing intrusive material about children without written
consent from their parents or guardians (as identified in the Children
Act 68 of 2000). Even so, Broadcasters shall exercise extreme caution
when including this material in programmes.
3.16.1
The Authority is concerned about the
use of profane and abusive language especially by those whom children
look upon as role models, for example, sporting and entertainment
personalities. Broadcasters shall not subject the audience to the
use of profane language by anyone, in their material, particularly
before 11:30 pm.
3.17
In reporting certain kinds of
crimes, such as sexual assaults or incidents involving children, the
time of transmission and protection of the children involved must be
taken into account and the degree of explicit detail matched to the
probable presence of children listening or viewing. Children must be
protected from any psychological trauma. Steps should be taken to
minimize psychological trauma on a child. Broadcasters shall draw
a definitive line as far as possible between what is required for
accurate reporting and what may result in engendering unjustified fear.
Programme Repeats, Trailers and
Advertisements
3.18
Trailers come upon audiences
without warning, so that individuals cannot make informed choices about
whether or not to be exposed to them. Broadcasters shall ensure
that trailers that contain material unsuitable for children are
broadcast only between 11:30 pm and 5.30 am .
3.19
Similarly, advertisements also appear
without warning and can have the power to surprise and shock an audience
which cannot selectively screen them out. There must be advertised
cautions to surrounding programmes and any juxtaposition that might
cause offence – especially in relation to programmes which appeal to
children. Broadcasters shall ensure that the content and style of
an advertisement are suitable for the time of its transmission and
likely audience in accordance with the Code.
Incest and Child Abuse
3.20
Where a programme takes incest
or child abuse as its theme, there should be particular awareness of the
relative ease with which some people, including children, may identify
characters or actions with their own circumstances. Broadcasters
shall ensure that material for broadcast that takes incest or child
abuse as its topic or theme, is accompanied by a clear warning of the
programme’s content; sensitive scheduling and labeling are also required
as identified in this Code.
3.21
The inclusion of incest or child abuse
in a well-established series or single programme can be justified as
public information, even in programmes directed at older children. These
programmes may also play a legitimate role in warning children about the
dangers of abuse and advising them of the help available.
Broadcasters shall ensure that programmes that take incest or child
abuse as their topic or themes shall provide suitable warnings prior to
airing and also provide information on help-lines.
3.22
A sexual relationship between
an adult and a child or between under-age young people can be a
legitimate theme for programmes. However, it is the treatment that can
make it inappropriate or unlawful. The treatment must reflect the
legality of such behaviour and such legality must be encouraged.
Material of this nature should be treated with the utmost care and
sensitivity by Broadcasters bearing in mind the psychological effects
it can have on child-victims. Broadcasters shall not air
programmes in which a sexual relationship between an adult and a child
or between under-age young people is illegal or be viewed as acceptable
behaviour.
Children and Drama
3.23.1 Broadcasters should be aware that some
children are disturbed by the portrayal of extreme violence in familial
surroundings. Domestic violence is particularly distressing for
children. Broadcasters shall not air programmes in which there is
violence in settings familiar to a child or acts of domestic violence,
outside of the 11:30 pm to 5;30 am time frame.
3.24
Coarse humour and sexual innuendos can
cause offence, especially when there are children in the audience.
Broadcasters must give clear guidance to their audience as to the
material to be aired or broadcast and shall not air slightly indecent
material before 10:30 pm, and in programmes which would not normally be
expected to contain material of this kind or in radio broadcasts when a
substantial number of children may be in the listening audience, such as
at breakfast time, during school broadcast times; and school holidays
between 11:30 pm and 5:30 am.
Factual Programmes
3.25
In the course of news reporting there
may be occasions when some content may be of a sexual nature. It is
important that these instances are presented with due audience caution
and without exploitation. The broadcaster shall edit this
broadcast given the relative explicitness of such content against the
time of day at which it is transmitted and the likely presence of
children in the audience. Where factual programmes deal with a variety
of sexual themes, explicit or fictional representations must not be
broadcast.
3.26
Broadcasters shall not transmit
programmes with the following dramatic material:
Material
that suggests that violence does not injure people or have consequences
for the perpetrator as well as the victim.
Material
that implies that violence does not cause damage or psychological harm.
Material
that shows dangerous conduct that might be copied by children.
Material
that portrays characters, especially those likely to be children’s
heroes, who resort easily to violence as the means of resolving
differences, exhibit callousness to their victims or enjoy inflicting
pain and humiliation.
3.27.1
Broadcasters shall alert parents
and guardians both by scheduling and by providing adequate information
about a programme’s content so that they are able to make an informed
choice about its suitability for their child or children.
Informing and Warning
3.28
Broadcasters have to fulfill the
conflicting objectives of attracting audiences while simultaneously
warning viewers or listeners that they may find a programme offensive.
Providing as much clear information as possible in advance about the
nature of programmes can often fulfill both of these objectives.
Broadcasters shall give accurate information about the nature and
content of programmes to allow the audience to make an informed
listening or viewing choice.
3.29
RESPECT AND DIGNITY
3.30
Broadcasting touches the lives of its
audiences in many ways and from time to time involves them in programme
making. Challenging or deliberately flouting the boundaries of taste in
drama and comedy is a time-honoured tradition. These programmes have a
special freedom but do not give unlimited licence. Broadcasters
shall be responsible for preserving the dignity of the individual and
respect for human life. Programmes of a dramatic or comic nature shall
in no way humiliate individuals or groups gratuitously.
3.31
Individuals, particularly vulnerable
members of the community, should not be exploited or caused distress,
nor should the audience be made to feel like voyeurs of others’ distress
or humiliation, particularly if consent has only been given by a third
party. Broadcasters shall not air programmes that may cause
members of the community to be exploited or distressed unless a clear
public interest justification exists, or unless the broadcast is live
and consensual. Wherever possible, written consent of the individual(s)
concerned shall be obtained before transmission.
3.32
Call-in programmes afford viewers in
democratic societies the opportunity to contribute to meaningful public
debates for shaping public policies or influencing the crafting of
important legislation. This must be encouraged without the audience
being the victims of insults, abuse or unreasonable treatment.
Persons participating in programmes, particularly children, callers to
radio programmes, shall not be treated unreasonably, nor should they
appear to the audience at large to have been so treated, by the
Broadcaster. (See THE CHILD AUDIENCE)
3.33
Individuals identified as the
victims of prank calls and set-ups must be treated with respect and
dignity. Broadcasters must inform those individuals of the nature and
content of the programme and obtain their right of release.
3.34
The line between the public’s right to
receive information and the citizen’s right to privacy can be fine and
difficult to draw – the public accepts that people have legitimate
expectations of privacy that can, at times, be overridden by the wider
public interest. There is a strong sense that certain information is
publicly owned because it relates to individuals who hold public office,
publicly funded bodies or because of its potential impact on the public
in general. Broadcasters shall not invade the privacy of members
of the public to the point where this action can result in harmful
consequences.
3.35
Broadcasters shall take steps to
avoid airing material containing defamatory or misleading information on
members of the public.
3.36
OCCASIONS OF GRIEF AND BEREAVEMENT
3.37
Matters of decency are based on deep,
fundamental values and emotion: the respect owed to the bereaved at
funerals is one example. Viewers and listeners can easily be offended if
they consider that a broadcaster has failed to observe basic decencies
or to demonstrate due sensitivity on occasions where there is grief
and/or bereavement. Broadcasters shall exercise the highest
sensitivity when broadcasting material in which there is grief and
bereavement and shall respect the rights of the bereaved.
3.38
Technology enables the programme-maker
and the reporter to bring the starkness of grief and bereavement to the
audience immediately. Intimate details can be available to everyone
within minutes, if not seconds, before those affected can be shielded.
Not every community, nor every family – nor indeed every individual –
deals with this in the same way. Some are more willing than others to
articulate their emotions. Broadcasters shall not take advantage
of individuals in deep shock, or persuade them into an expression of
their emotions or views which they may later regret; such approaches
must be made with discretion and sensitivity and approved at a senior
management or editorial level.
3.39
If the explicit consent of the
bereaved is obtained, the significance of funerals as a turning point in
the story of an individual tragedy, or a major disaster in exceptional
circumstances can justify the presence of reporters and their equipment.
Broadcasters shall not exploit situations in the belief that
stories emanating from tragic incidents could be used to trigger
corrective behaviour in the lives of others.
3.40
The broadcast of calls to emergency
services and amateur footage of incidents must be treated with extreme
caution and approved at a senior management or editorial level.
Broadcasters shall avoid sensationalism and undue repetition of material
from distressing emergencies.
3.41
When using archived material,
programme-makers should bear in mind the distress that can be caused to
survivors or the relatives of victims when coverage of previous
disasters or serious incidents is used to illustrate other programmes.
Broadcasters shall exercise extreme sensitivity when using
archived material from disasters to create programmes. Such historical
footage must conform to the guidelines in this Code.
Explicitness
3.42
A balance needs to be struck between
the demands of truth and the danger of desensitising individuals. As
general guidance in striking this balance, the following principles
should be observed when transmitting non-fictional material:
Decency
requires that people should be allowed to die in private; therefore
Broadcasters should not show moments of death.
The
dead should be treated with respect and not shown in close-up, unless
there are compelling reasons for doing so: therefore close-ups of the
injuries suffered by dying victims should be avoided.
3.43
PROFANE AND OFFENSIVE LANGUAGE
3.44
Language is never static; words
acquire new meanings and interpretations, and levels of offence undergo
constant change. The impact of particular words can differ between
generations, as well as between different tones of voice. The repeated
use of expletives can cause significantly greater offence than isolated
incidents which may be justified by the context. Broadcasters
shall use the Profanity Delay facility for live shows where the
Broadcasters does not have full control over the material being
broadcast to minimize the airing of offensive language.
3.45
Racist terms and terms mocking
disability and mental illness are regarded as deeply offensive,
overtaking some traditional terms of abuse. Broadcasters should also be
alert to the use of derogatory terms originating from ethnic origin,
race, gender, mental or physical disability and religious affiliation.
Broadcasters should be sensitive to the offence caused to the majority
by these words, as well as to those sections of the National Community
directly affected. Broadcasters shall use the Profanity Delay
facility especially in relation to call-in talk shows to minimize the
broadcast of offensive content in relation to ethnic origin, race,
gender, mental or physical disability and religious affiliation of
individuals.
3.46
OFFENCES AGAINST RELIGIOUS
SENSIBILITIES/ RELIGIOUS PROGRAMMES
3.47
Religion and faith is a contentious
topic, mainly because it is the source of deeply held convictions on the
part of believers that are not easily understood by non- believers.
Although religion and faith are not exempt from critical scrutiny, it
is an important aspect of the culture of our diverse society, and
particular care must be taken when referring to religion and faith in
entertainment. Broadcasters shall not use derogatory language or
encourage the use of derogatory language regarding any religious or
faith belief.
3.48
While many people may not themselves
be offended by the casual use of holy names as expletives, the majority
would not wish to cause offence to others by their usage.
Programme-makers shall not make casual, the use of names, words or
symbols regarded as sacred by religious and faith groups. Broadcasters
shall not link holy names with profane language.
Religious programmes
3.49
The freedom of religious expression is
enshrined in the Republican Constitution giving individuals of varying
responsible religious and faith groups, organizations and individuals
the right to share their beliefs. Broadcasters shall not air
religious and faith programmes used as forums for the denigration or
condemnation of the ethnic origin, race, religion, gender, mental or
physical handicap of individuals.
3.50
Broadcasters shall not air
religious or faith programmes used for incitement to perpetrate criminal
and/or terrorist acts.
SUICIDE / SELF – HARM FACTUAL PROGRAMMES
3.50 The reporting of suicide and self-harm
requires particular care and responsibility. Programmes should avoid
being precise about the means of suicide/self harm, especially when that
method is readily available or contains some novel aspect. When
transmitting programmes containing scenes or information on suicide and
self-harm, broadcasters shall include help-line information for agencies
and organizations available to offer help and advice in the particular
area.
3.51 Factual reports/should not suggest that
there is a simple explanation or conversely that the suicide/self-harm
was inexplicable. The action must not be conveyed as an understandable
response to difficulties encountered in life or perceived failures.
Broadcasters shall ensure that news on suicides and self-harm is not
overly prominent or used repetitively, especially when a possible role
model is involved.
3.52
In addition to the guidelines noted
under the previous paragraphs, broadcasters shall exercise particular
care over fictional suicides/self-harm involving role models, especially
sporting or entertainment personalities. It is also important to depict
the realities and the consequences of their actions for others.
Broadcasters shall not transmit material containing explicit hanging
scenes, suicides and attempted suicides.
3.53
DRUGS AND NARCOTICS
3.54
It is considered proper for programme-makers
to explore the style and prevalence of the drug culture in the society
in both factual and fictional programmes but the use of these substances
must not be encouraged. Broadcasters shall ensure that no
individual programme, taken in its entirety shall promote or encourage
the use of illegal drugs and narcotics or the abuse of legally available
drugs .
3.55
There is particular danger in showing
in any detail how to administer drugs and in failing to illustrate the
adverse consequences that drug abuse can bring about, especially in
programmes that appeal to young people. Similar considerations apply to
any other drug-related substance abuse. Broadcasters shall be
obliged to publicize help-lines and appropriate warnings if the material
transmitted is designed to bring about behavioural changes.
3.56
While some programmes may be construed
to have portrayed drugs in an unrealistic manner, other programmes may
be perceived to have glamorised those discovered to be drug abusers.
This is particularly the case with so called celebrity coverage
illustrated by library or archive footage. Broadcasters shall
exercise extreme vigilance and responsibility and never broadcast
material which directly or indirectly promotes or glamorises the use of
illegal drugs and narcotics.
3.57
The use of alcohol and cigarettes is
widespread and is promoted by manufacturers and distributors. Equally as
widespread are the negative effects from the abuse of alcohol and
tobacco. Broadcasters shall not transmit any advertisement which
contains material that glamorizes the use of alcohol and tobacco.
Advisories as to the negative effect of alcohol and tobacco must be used
in accordance with the guidelines of this Code.
3.58
Broadcasters shall ensure that
neither smoking nor the abuse of alcohol or dangerous drugs is promoted,
particularly in programmes directed towards young people.
3.59
RACE AND DIVERSITY
3.60
Care must be taken by broadcasters to
foster tolerance, encourage appreciation and respect for difference and
avoid the adoption of stereotypes with respect to ethnicity, race,
culture, gender and religion. There are times when racial or national
stereotypes, whether physical or behavioural, can be used without
offence in programmes, but their use and likely effect should always be
from an informed stance and considered well in advance. This applies to
stereotypes of people from places, regions or nations which are foreign
to Trinidad and Tobago. Broadcasters shall not transmit any
material which negatively stereotypes a particular ethnicity, race,
culture, gender or religion.
3.61
Broadcasters must be cognisant of the
fact that due to trade and the existing tourism industry Trinidad and
Tobago will be visited from time to time by persons from various
countries. Our visitors must be made to feel welcomed during their stay.
Broadcasters shall not use programming material which denigrates a
particular region or country and the people thereof.
3.62
PERSONS WITH DISABILITIES OR MENTAL
HEALTH PROBLEMS
3.63
There are many persons in our society
who for one reason or another are mentally or physically challenged or
both. Programmes should avoid anything encouraging prejudice or
patronizing attitudes towards persons with disabilities or mental health
problems. Broadcasters shall not transmit material encouraging
prejudice or patronizing attitudes towards persons with disabilities or
mental health problems; where there is no medical evidence or legal
grounds to so declare an individual insane, broadcasters shall not so
declare individuals.
3.64
It is also important when portraying
acts of criminal violence not to associate them uncritically with
questions about the mental health of their perpetrators.
Broadcasters shall not transmit in their programmes material portraying
acts of criminal violence associated with the mental health of
perpetrators.
3.65
While representing a small percentage
of our society, the hearing and visually impaired have needs that must
not be overlooked by the Broadcaster. Broadcasters shall be
cognisant of hearing-impaired individuals of the society and in this
respect, provide a facility for the hearing impaired for television news
broadcasts and other news-related programmes.
3.66
CRIME TERRORISM AND VIOLENCE
3.67
Broadcasters shall ensure that
programmes containing material of a violent nature are transmitted only
within the guidelines and timeframes given in the Broadcast Code.
3.68
Broadcasters shall also ensure
that programmes with violent content are scheduled and trailed
appropriately so that audiences can exercise informed judgement on
whether or not to view; it is also important to have pre-transmission
announcements for programmes with violent content.
3.69
Although there are programmes that can
legitimately be built around real-life crimes or criminals, the acts of
these individuals must not be sensationalised. Broadcasters shall
not air programmes which sensationalised or condone any form of crime
and/or terrorism.
3.70
The re-counting by criminals,
terrorists or their relatives of their stories of criminal or
anti-social behaviour must not result in their personal gain, unless
there is an overriding public interest both in the telling of the story
and in the making of payments. Broadcasters shall not transmit
material which seeks to sensationalise the lives of offenders or their
families.
3.71
It is possible to arrange interviews
with named criminals and terrorists – sometimes with the legitimate aim
of drawing attention to injustice or with the declared intention of
helping the audience to understand the criminal mind. Programme-makers
should be clear about the purpose of such an interview and ensure that
its presentation is consistent with that goal. In such cases,
broadcasters should also, where practicable, inform victims or their
families. Consideration of the portrayal of an offender and their
offences should also include that of the possible effect on his or her
victim(s). Broadcasters shall be liable for the accuracy of the
information contained in interviews with named criminals and terrorists
particularly where national security can be breached. Broadcasters shall
also ensure that details of such crimes are not transmitted in such a
way that could lead to the copying or emulation of those or similar
crimes.
3.72
Violence is a fact of life that
society can do without. As long as it exists in society, television and
radio programmes will portray it and report it. There are some
significant concerns, however, about the portrayal of violence which
broadcasters need to take into consideration. These include the concern
that repeated exposure to violence desensitizes audiences, making them
apathetic towards increases in actual violence or indifferent to
the plight of victims. There is also the concern that viewers might
identify violence on the screen with the reality of their own lives and
become unreasonably fearful; and the concern that it could also
encourage the view that violence or aggressive attitudes are
acceptable as responses to difficult situations or as the means
of resolving disputes. Broadcasters shall pay particular attention
to avoid airing material with the overly detailed portrayal of criminal
or violent techniques and the sensationalisation and glamorization of
weapons; this also applies to any action which could promote illegal or
anti- social behaviour in real life.
3.73
In scheduling a programme containing
violence, especially where it is violence with which viewers may
identify closely, broadcasters should consider the programmes placed on
either side of it and their likely audiences, as well as the time of
transmission. Broadcasters shall not air programmes containing
scenes of graphic violence between 5:30 am and 11:30 pm.
3.74
Broadcasters shall not air
political advertisements which contain and\or incite acts of violence.
Reconstruction of Violent Crimes
3.75 In the reconstruction of violent crimes
it may be necessary to use some special video effects, give some details
of the event or make mention of the weapon or weapons used to bring the
story as close as possible to the real event. This must be done with a
great deal of sensitivity. Broadcasters shall not overemphasize
certain aspects of a reconstructed crime by the insensitive use, for
instance, of slow motion, music or other special dramatic effects; the
weapons used shall not be discussed in unnecessary detail and
broadcasters shall also ensure that helpline information is made
available to the audience.
Violence in Drama
3.76 Violence in situations which are more
distant, and which are further from reality, are less likely to disturb;
viewers are most shocked when violence occurs in locations that are
familiar to them and with which they can identify, particularly if that
violence 'erupts' and cannot be foreseen. Conversely, the apparently
gratuitous intrusion of violence into locations regarded as places of
safety can be deeply shocking. The impression of violence goes beyond
the actual violence seen or heard, and is connected with the audience's
expectations. People are more concerned when the act of violence is
personal and shown explicitly and realistically. It is the combination
of pain, cruelty and viciousness in a recognizable situation that causes
anxiety, as fictional violence is seen by some as more real than the
actual violence of war in a distant place. Broadcasters shall
ensure that in programmes containing violence, the context of the
violence is clear.
Rape
3.77.1 Particular care needs to be taken when
portraying sexual violence. When a scene involves rape or indecent
assault, consideration must always be given, while achieving the
dramatic purpose to minimizing the depiction of the details and avoiding
any suggestion that such crimes are erotic or endorsed.
Broadcasters shall ensure that programmes portraying sexual violence do
not contain material which suggest that such crimes are erotic or
endorsed.
Imitation
3.78 The description of ingenious methods of
crime, the use of dangerous items and weapons, and the use of readily
available objects for criminal purposes should be avoided. Detailed
instructions on how to make weapons, explosives or other harmful or
destructive substances are not permissible. Broadcasters shall
avoid any material likely to encourage or facilitate imitation of
violent behaviour and that can cause harm or injury.
Music Videos
3.79 Music videos have become popular among
persons of all ages. These videos are very effective in helping to
popularize the music of songwriters and provide entertainment for its
listeners. However some music videos contain scenes which sensationalise
and glamorize crime and drug-taking, encourage aggressive, hedonistic
and nihilistic behaviour or debase human relationships.
Broadcasters shall not transmit music videos, at any time of day or
night containing scenes which sensationalise and /or glamourize crime
and drug-taking, encourage aggressive, behaviour or debases human
relationships.
3.80 Images and music shown on television can
have an overwhelming impact. While broadcasters can not shy away from
showing the consequences of violence, they must also take care in the
choice of accompanying words to ensure that they put the scenes into the
right perspective. Editorial judgement shall be displayed and
exercised in assessing the impact broadcasting the consequences of such
violent material may have on the audience.
Violence in News, Current Affairs, Music
Videos and Documentary Programmes
3.81
News and factual programmes play
an important part in informing citizens about their society and the
state of the world. The immediacy and speed with which images and
reports can be relayed into people's homes means that decisions about
the suitability of items for different time slots sometimes have to be
made swiftly, with little time for prior consultation.
Broadcasters shall exercise good and sound judgement in assessing the
impact such material may have on the audience and in using such
material.
3.82
The increasing availability of
amateur videos and webcam footage provide another source of material
where careful editorial decisions at a senior level are called for,
balancing the immediacy of the material with its impact and suitability
for transmission at one time of the day or another. Broadcasters
shall make responsible decisions about how much detail of shocking
material is necessary or acceptable, and to what degree material must be
edited before it can be shown at all. Broadcasters shall be guided by
this Code at all times when making any decision pertaining to programme
content. Where the Code is silent broadcasters must use their conscience
and sound judgement
3.83 Broadcasters shall not transmit
material that lingers unduly on the physical consequences of violence.
RADIO AND TELEVISION NEWS/ INTERVIEWS
3.84 Radio and television respond rapidly to
news events and face the difficulty of maintaining a perspective on the
violence reported. In this regard the choice of language is crucial.
The broadcaster's news schedule shall be adequate and well- balanced
and news reporting shall be responsible, factual, fair and without bias.
3.85 The time slots in which news programmes
are broadcast are considered prime time by advertisers and therefore
news broadcasts are littered with advertisements some of which may
contain offensive and/or disturbing material.
Broadcasters shall exercise particular
discretion in the acceptance, placement and presentation of advertising
in news programs so that such advertising could be clearly
distinguishable from the news content and also to ensure that disturbing
or offensive material is not broadcast outside of the 11.30 pm to 5:30
am time-slot.
3.86 Morbid, sensational or alarming details
are not essential for factual reports, especially in connection with
stories of crime or sex. At all times, pictorial and verbal material for
both news and comment should conform to these standards. News
shall be broadcast in such a manner as to avoid panic and unnecessary
alarm. Commentary and analysis shall be clearly identified as such.
Pictorial material should be chosen with care and not presented in a
manner to mislead.
3.87 A television broadcaster shall
exercise due care in the supervision of content, format, and
presentation of newscasts originated by his or her station.
3.88 Broadcasters shall exercise
discretion in the airing of movies or any other type of programme in
which there are explicit scenes of hangings or other executions.
Animals
3.89 Images of cruelty to animals are
especially upsetting to many members of the audience, particularly
children – even when no harm comes to the animals during production.
Broadcasters shall exercise discretion when broadcasting material
depicting cruelty to animals.
3.90 POLITICAL BROADCASTS
3.91 Political broadcasts presented by a
broadcaster must not mislead or attempt to mislead listeners or viewers
to believe that the programme is of any other character.
Broadcasters shall air such programmes only if clearly identified as
such. Political advertisements shall not incite violence, denigrate, or
humiliate individuals or communities based on ethnic origin, race,
religion, gender, physical and/ or mental handicap.
3.92.1 Broadcasters shall not air,
political advertisements in which graphic material depicting crimes is
used for political purposes.
3.93 Broadcasters will have private opinions
and likewise personal political preferences. Broadcasters who have
made a conscious decision to openly and publicly endorse a particular
political party, politician and/ or political viewpoint(s) shall make
this stance explicitly known to their audiences.
3.94 PORTRAYAL OF SEXUAL CONDUCT/ NUDITY/
PORNOGRAPHY.
3.95 On general broadcast channels, radio and
television have to meet the expectations of wide audiences with widely
varying levels of tolerance of the portrayal of sexual relationships.
Even those unlikely to be offended, themselves may be concerned about
viewing some programmes in the company of others and are likely to be
mindful of the effects on children. Broadcasters shall accurately
schedule and provide straightforward labeling in clear language and
sufficient warnings about programmes containing material of a sexual
nature. Such programmes shall not be broadcast outside of the 11:30 pm
to 5:30 am time-frame.
3.96 Broadcasters have a duty to act
responsibly and reflect the fact that relationships normally reflect
moral choices. Editorial judgment shall be exercised when there is
any association of sex with restraint pain or humiliation, especially if
this is non-consensual. Such programmes shall not be broadcast outside
of the 11:30 pm to 5:30 am time-frame.
Nudity
3.97 The appearance of the nude human body
can be a legitimate element in a programme, provided it does not exploit
the nude person and there is a clear editorial rationale.
Programmes where the appearance and use of the nude human body is for
pornographic purpose shall not be transmitted by broadcasters unless in
the judgement of senior management there is sufficient justification to
do so.
Pornography
3.98 Broadcasters are not permitted
under any circumstances to broadcast or transmit any material which
depicts or contains explicit scenes of intercourse or other sexual
activity at any time of day or night.
DISCUSSION AND PHONE-IN PROGRAMMES
3.99 Discussion and phone-in programmes are
valuable forums for exchanges on a variety of topics. However listening
audiences need to be aware of the schedules and likely content for such
programmes so that informed decisions can be made by the public on
whether or not to tune in. Broadcasters shall ensure that
discussion and phone-in programmes are scheduled with care and clear
warnings given of their likely content.
3.100 Broadcasters must be cognisant to the
fact that there is a wide difference of attitudes with respect to the
open debates of various topics such as politics, religion, race
relations, gender and crime. While broadcasters do not have
control over what their live phone-in audience may utter, denigration
and vilification of an individual's ethnic origin, race, religion,
gender, physical and/ or mental disability shall not be encouraged
directly or indirectly by the host of the programme. In this respect
broadcasters are required to make use of the Profanity Delay facility in
order to eliminate such occurrences.
3.101 MISLEADING ADVICE
