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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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