
PHILIPPINES
Guidelines on reporting and coverage of
children's cases
Children as victims of abuse and those who
are in conflict with the law need to be shielded from inappropriate
media coverage and unwarranted publicity. Reporting of their cases
should be done in a manner that would promote their best interest.”
I thought you may want to know that the Department of Justice has come
out with some GUIDELINES FOR MEDIA PRACTITIONERS ON THE REPORTING AND
COVERAGE OF CASES INVOLVING CHILDREN . Aren't you horrified by the way
news programs depict children? I don't know if it is because the
producers believe that showing children who have been raped or abused in
some manner generates high programme ratings. I , personally, just feel
angry. Why? Because these children whose names and identities have been
revealed to their communities will never be able to move on with their
lives. “There is the girl who was raped by her father.” Or, “She is the
one who was gang-raped when she was working in Saudi Arabia.” Or, well,
you can fill in the blanks. A child's life is not a movie. Until we all
get that, children will continue to be re-abused on a daily basis.
That is the basis of the media guidelines proposed by the Department of
Justice. Members of the Special Committee for the Protection of the
Child have been appearing on T.V., and have been traveling around the
country to introduce and explain the guidelines to media practitioners.
The rationale of the guidelines is basically the fact that “children
need special safeguards and care due to their size, vulnerability and
young age. Every effort must be exerted to ensure that children are
accorded special protection to enable them to grow and develop in an
atmosphere of peace, dignity, tolerance, freedom, equality and
solidarity. In all actions concerning the child, his or her best
interest should be the primordial and paramount concern.” The guidelines
further point out that “there are groups of children who need special
protection. Children as victims of abuse and those who are in conflict
with the law need to be shielded from inappropriate media coverage and
unwarranted publicity. Reporting of their cases should be done in a
manner that would promote their best interest.”
The guideline challenges the media practitioner “to carry out their duty
of informing the public effectively and at the same time being aware of
the need to protect children and enhance their rights without in any way
compromising the freedom of expression or undermining their independence
as journalists.” The guidelines further assert that they are “designed
to raise media awareness of children's rights issues and at the same
time reinforce journalistic standards and contribute to the protection
and enhancement of children's rights.”
You may not realize that Presidential Decree No. 603 (The Child and
Youth Welfare Code) (requires the destruction of the records of the case
(such as files of the National Bureau of Investigation, any police
department and any other government agency), after the charges have been
dropped. Republic Act No. 7610 (the Anti-Child Abuse Law) requires
“strict confidentiality” on the identity of child abuse victims and to
all records pertaining to the case. Republic Act No. 9208 (the
Anti-Trafficking Law) provides for confidentiality of proceedings at any
stage of the investigation. RA No. 9344 (the Juvenile Justice Law)
mandates that all records and proceedings involving children in conflict
with the law from initial contact until final disposition of the case
shall be considered privileged and confidential. RA No. 9262 (the
Anti-Violence Against Women Law) provides that all records pertaining to
cases of violence against women and their children shall be
confidential... and the right to privacy of the victim shall be
respected. RA No. 8369 (the Family Court Act) provides for the
confidentiality of all records of cases and the identity of the parties
involved therein unless necessary and with court authority.
So, what are some of the prohibitions in the guidelines? The identity of
a child victim of abuse, child witness, CIAC or a CICL shall not be
disclosed whether directly or indirectly. No information that would lead
to the identity of the child or any member of his family shall be
published or broadcast. Photographs, images, or video coverages of the
face or any distinguishing feature of a child victim of abuse, child
witness, CIAC or a child in conflict with the law including his or her
family members shall not be taken, published, or shown to the public in
any manner. The use of sexualized images of children is considered a
violation of the child’s rights. The disclosure of any private or
graphic detail of the case, including the medico-legal findings, in
public, is strictly prohibited. It is absolutely prohibited to access,
use or in any manner disseminate a child’s case files or records. Crimes
of violence by or against children must be reported factually and
seriously without passing judgment, stereotyping, or sensationalism. The
release of the child's identity to elicit financial support or aid for
the child's medical care is strongly discouraged. There should be a
conscious effort to avoid sensationalism and exploitation of the child
in need of any assistance.
Katrina Legarde
2 September 2008
http://www.abs-cbnnews.com/storypage.aspx?StoryId=130030
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