CODE OF ETHICS
FOR
JOURNALISTS
(Issued under
Section 26 (d) of Chapter Three of the Bhutan Information, Communications and
Media Act 2006)
1. Legal Basis
Upholding the Universal rights of citizens to
information, freedom of speech and expression and independence of the media,
and wishing to foster the highest professional standards of journalism, promote
public understanding of and confidence in the Bhutanese media, and the
responsibilities of the media and the journalists, the Bhutan InfoComm and
Media Authority (“the Authority”) establishes this Code of Ethics for
Journalists (“the Code”) in accordance with Section 26 (d), Chapter 3 of the
Bhutan Information, Communications and Media Act 2006 (“the Act”).
2. Citation and Commencement
This
Code of Ethics shall be cited as the Code of Ethics for Journalists and it
shall come into force from the 18th Day of the first month of the Female Fire
Pig Year, of the Bhutanese calendar, corresponding to the 7th
Day of the month of March, 2007.
3. Scope of Application
This Code shall apply to all journalists,
whether writing for print media, broadcast media or the online media, operating
within or for Bhutan.
4. Amendments
This Code may be amended by the Authority as and when required.
5. Definition
Unless the context otherwise requires, the words
and terms used in this Code shall have the same meaning as assigned in the Act.
6. Ethics of Journalists
Journalists in Bhutan, as elsewhere, have a duty
to maintain the highest professional and ethical standards. They shall provide
independent and accurate news and information with integrity, remaining
accountable for their actions, neutral in their position and keeping the
national interest foremost in their minds at all times. They shall,
accordingly, conduct themselves in consonance with the following principles and
observe these principles both in letter and in spirit:
6.1 Professional Integrity
A Journalist shall:
a.
present the news
with integrity and decency, avoiding real or perceived conflicts of interest,
and respect the dignity and intelligence of the audience as well as the
subjects of news;
b. not use any information or materials, obtained
for public information, for personal use and interest;
c. not function or operate while under the
influence of alcohol, drugs or other intoxicants that might undermine the
objectivity of the news and information;
d.
clearly label opinion and commentary;
e. guard against extended coverage of events or
individuals that fail to significantly advance a story, place the event in
context, or add to the public knowledge;
f.
refrain from
contacting participants in violent situations while the situation is in progress;
g. refrain from using surreptitious newsgathering
techniques, unless there is an overriding public interest;
h.
refrain from paying news sources that have
vested interest in a story;
i.
refrain from
accepting gifts, favours, compensation or any other form of entertainment from
those who might seek to influence coverage;
j.
not engage in activities that may compromise his
integrity or independence;
k. always disclose any personal pecuniary or other
interest that he may have in any matter which is the subject of any report or
story written by him. Where a journalist comes across any information, for
example concerning a commercial enterprise, in advance of it being put in the
public domain, he shall refrain from using such information for his own private
profit;
l.
recognize that he is accountable for his actions
to the public and to the profession;
m. respond to public concerns and sensitivity.
Investigate complaints and correct errors promptly and with as much prominence
as the original report;
n. explain journalistic processes to the public,
especially when practices spark questions or controversy;
o. recognize that professional journalists are
duty-bound to conduct themselves ethically;
p. encourage employees to raise professional
objections and create conducive environments in which such objections and
discussions are encouraged;
r.
refrain from
ordering or encouraging courses of action that would force employees to commit
an unethical act;
s. not use identification, special licenses or any
other press privileges except in the conduct of his profession;
t.
protect the
identity of children in case their parents or family members are involved in
crimes; and
u.
not report judicial proceedings that might
affect or alter the trial unfairly.
v. not offer or make payments to any person who has
been accused or convicted of a crime or any person who is, or is likely to
become, a witness in a criminal trial, unless it can clearly and objectively be
demonstrated that there is an overriding public interest in doing so. The onus
of demonstrating the overriding public interest shall be on the journalist.
6.2
Social Responsibility
A Journalist shall:
- recognize their obligation to the public and to the country;
- believe in the freedom of media as an overriding right to honour the public’s right to know and thus shall pledge themselves to promote, guard and defend this freedom both from internal or external influences and interferences;
- understand that any commitment other than service to the public and the country undermines trust and credibility;
- provide a full range of information to enable the public to make enlightened decisions;
- apply for accreditation while also encouraging other professionals to be accredited; and
- not publish any matter which offends against good taste and decency. In particular, he shall avoid publishing matter which is:
(a)
obscene, vulgar or sexually explicit; or
(b)
culturally
insensitive, having no regard to the norms of Bhutanese society and its values;
or which has the effect of glamourising or glorifying:
(i)
gratuitous violence;
(ii)
gambling; or
6.3
The Right to Truth
A Journalist shall:
a. pursue the truth at all times and not publish
false, inaccurate, misleading or distorted material. He shall ensure that, as
far as possible, every story he writes is thoroughly researched. In particular,
he shall clearly distinguish between fact, comment and conjecture. Where,
despite due diligence in researching a story, he publishes an inaccurate fact,
he shall ensure that a correction, and a suitable apology, is published as soon
as possible after the inaccuracy has been brought to his attention;
b.
avoid or resist distortions that obscure the
importance of events;
c.
disclose the origin of information unless the
source demands otherwise;
d.
not report anything known to be false or
re-enacted;
e.
not manipulate images or sounds in any way that
can mislead the public; and
f.
not engage in
plagiarism of other people’s work, and he shall ensure that, where he quotes
from other published or non-published sources, such sources are clearly and
fully identified.
6.4
Non - Discrimination
6.4.1
A Journalist shall:
a. defend the independence of all journalists from
those seeking influence or control over news content and gather and report news
without fear or favor, and vigorously resist undue influence from any outside
forces, including advertisers, sources, story subjects, powerful individuals,
and special interest groups;
b. stand by the principle that all persons are
equal before law and hence shall not be swayed by any political, economic,
business or other social prejudice;
c. resist those who would seek to buy or
politically influence news contents or who seek to intimidate those who gather
and disseminate news;
d. determine news contents solely through editorial
judgment and not as a result of outside influence;
e. resist any self-interest or peer pressure that
might erode journalistic duty and service to the public and to the country;
f.
recognize that
sponsorship of the news will not be used in any way to determine, restrict, or
manipulate contents;
g. refuse to allow the interests of ownership or
management to influence news judgment and contents inappropriately;
h. defend the rights of the free press for all
journalists, recognizing that any professional or government licensing of
journalists is a violation of that freedom;
i.
present the news
fairly and impartially, placing primary value on significance and relevance;
j.
not guise his
participation in prohibited activity by using a proxy. This, however, does not
prohibit his relatives from taking part in any political, financial,
commercial, religious or civic activity allowed under any laws of Bhutan;
k. treat all subjects of news coverage with respect
and dignity, showing particular compassion to victims of crime or tragedy;
l.
present analytical reporting based on
professional perspective, not personal bias; and
m.
avoid taking sides in political debates.
6.4.2
The coverage of
any Journalists shall not in any case glamorize or discriminate against any
political parties, organizations, individuals or the government, except as
provided by any laws of Bhutan.
6.4.3
A Journalist
shall not publish any prejudicial references to a person’s sex, race, colour,
national or ethnic origin, linguistic background, religion, or any physical or
mental illness or disability unless there are compelling reasons, such as
relevance to the story being published, for doing so.
6.4.4
Where any person
or organisation has been inaccurately portrayed or quoted in any news report or
story, or where the news report or story presents an unfairly slanted account,
the Journalist responsible shall provide such person or organisation a
reasonable opportunity to reply or to have their version of events conveyed to
the audience to whom the original report or story was published.
6.5 Sensationalism
6.5.1
A Journalist
shall avoid sensationalism in the reporting of events and take all possible
precautions to ensure that anything published by him does not have the effect
of inciting people into violence or other illegal acts.
6.5.2
A Journalist
shall show utmost sensitivity in reporting matters relating to children or
other young persons. In particular, they shall not interview a child or other
young persons under the age of sixteen in the absence of, or without the
consent of, his parent(s), or publish any story about such child or young
person solely for reasons of the fame, notoriety or position of his parent(s).
Where a child or young person is involved in court proceedings, a journalist
shall not ordinarily publish any matter
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which
would have the effect of identifying the child to the reader. In cases
involving sexual offences against a child or young person, a journalist shall
ensure that the identity of the child or young person is not revealed, although
he may reveal the identity(ies) of any adult(s) who may be involved in such
cases, if allowed by the law.
6.6 Protection of Sources
A journalist shall ordinarily protect the
confidentiality of his sources. He may, however, reveal the identity of a
source where he has obtained the consent of the source or where the law
requires him to do so.
6.7 Respect for Privacy and Human Dignity
A journalist shall:
a.
not publish anything that is defamatory of any
person or organization;
b. not invade the privacy of any person without his
consent and shall respect his private and family life, home, health and
correspondence, except in circumstances where it can clearly and objectively be
demonstrated that there was an overriding public interest in the invasion of
his privacy. The onus of demonstrating the overriding public interest shall be
on the journalist;
c. not publish any matter which would have the
effect of identifying any person who is the complainant in a case involving
sexual offences, except with the written consent of such person, or under an
order or direction from a court of competent jurisdiction;
d. respect the sentiments and the privacy of
persons who may have suffered grief or shock. Where a journalist needs to carry
out enquiries in such circumstances, he shall do so with utmost sensitivity;
and
e. not identify relatives or friends of any person
accused or convicted of crime, or imply guilt by association in relation to
such relatives or friends, unless there are compelling reasons, such as
relevance to the story being published, or evidence that might reasonably point
to such guilt.
6.8
Recordings of Conversations
A journalist shall not harass, intimidate or
trick any person to obtain, or attempt to obtain, information or pictures. In
particular, he shall not install listening devices on anyone’s property or
tape-record conversations with anyone without their consent, or enter anyone’s
property surreptitiously or using a subterfuge, except in circumstances where
it can clearly and objectively be demonstrated that there is an overriding
public interest in doing so. The onus of demonstrating the overriding public
interest shall be on the journalist.
6.9 Competition and Fairness
A Journalist shall:
a. adhere to the spirit of free competition in the
Bhutanese media and shall not, at any time, monopolize or attempt to monopolize
the market by using power, influence, authority, money or by any others means;
and
b. maintain a healthy, professional, courteous, and
harmonious relationships among fellow journalists and media persons.
6.10
National Interest
6.10.1
A Journalist shall place the national interest
and security above everything.
6.10.2
A Journalist shall refrain from reporting on
anything that might:
a.
incite religious, ethnic, regional or communal
conflicts;
b.
undermine the sovereignty and integrity of the
Kingdom; or
c.
breach or compromise the security of the
country.
7. Failure to Comply with the Code
Any Journalist who contravenes or fails to
comply with the provisions of this Code of Ethics shall be guilty of an offence
and shall be liable for any actions prescribed under the Act or the Bhutan
Penal Code.
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