Journalistic Standards and Practices
IV. PRODUCTION STANDARDS
A: INFORMATION GATHERING
3. PRIVACY
Privacy in its broadest sense means being left alone. There is considerable sentiment in Canada in favour of its protection. For journalists, the matter is one of ethical and professional standards, with regard to specific legally permissible limits.
The law of privacy varies from province to province, and various aspects of it are addressed by federal legislation. CBC employees may obtain a summary and interpretation of the applicable law from the CBC Law Department.
3.2.1 PRIVACY VERSUS PUBLIC LIFE
Privacy in this sense refers to protecting an individual's personal and private life, as opposed to his or her public life, from intrusion or exposure to the public view.
Journalists on occasion may appear to infringe an individual's privacy in this sense. This is generally warranted only when the individual's private life impinges on or becomes part of his or her public life, is relevant to discussion of a public issue or becomes a matter of legitimate public concern.
There are a number of situations in which individuals should not be identified. Identification here means more than just not reporting the individual's name. It also means not using a photograph or reporting any details that would identify the individual to the public.
Under the Canadian legal system a person is presumed innocent until proven guilty in a court of law. The fact that a person is under police investigation does not prove by itself that that person has committed a crime. The identity of persons under police investigation may be reported after careful consideration of the consequences for the person's reputation, and the public interest in the case.
That public interest may include consideration for the value of the openness of the justice system when an arrest has taken place, a search warrant has been executed or another judicial process is involved.
A final decision to proceed with this type of story requires the permission of the senior officer in information programming of the appropriate media line.
When a person has been identified as a suspect, the program should devote reasonable effort to following the progress of the investigation and consider reporting on significant developments, especially if the individual identified as a suspect is subsequently cleared of all charges or suspicions in connection with the investigation.
When contemplating broadcasting a report identifying a person under investigation, including a follow-up item, the Law Department must be consulted. CBC employees may obtain a summary and interpretation of the applicable law from the CBC Law Department.
When a person accused of a criminal offence is identified in a broadcast, only part of the judicial process is being aired; between the charge and the trial there may be a considerable lapse of time.
Program personnel should be sensitive to the fact that the consequences for an innocent person could be damaging. When an accused has been identified, serious consideration should be given to reporting on the outcome of the trial.
3.2.4 IDENTITY OF A SEX OFFENDER
The media often pay a great deal of attention when people who have been convicted of crimes involving sex are released from prison. It is often assumed that the public interest is served when a recently freed sex offender is identified by the media. This assumption requires careful scrutiny.
Media attention might serve the public interest if the offender continues to pose a real and verifiable threat to the safety of others. In contrast, media attention might damage the ability of an offender who may have been rehabilitated to be integrated into the community of law-abiding citizens.
A final decision to proceed with this type of story requires the permission of the senior officer in information programming of the appropriate media line.
A number of factors should be considered in deciding how to handle a potential sex offender story.
It should not be assumed that a sex offender being lawfully released from prison necessarily continues to be dangerous. Canadian law does afford the possibility for a person who has committed repeated offenses to be declared a dangerous offender and to remain incarcerated indefinitely. Nevertheless, when a sex offender is released substantial public concerns about whether he or she might offend again may be raised. In these circumstances, CBC journalists should make an informed and independent assessment of the potential dangerousness of the released offender, in light of all available information.
The possible motives of those wishing to publicize the release of the offender should be taken into account. Revenge, extra-judicial punishment or frustration with the law and the courts may be understandable, but they do not constitute sound reasons for pursuing such stories. The fact that other media organizations might be publicizing a sex offender story is not sufficient reason in itself for CBC programs to do so.
If possible, any purported information about the offender should be verified by more than one independent source.
The character of the offender and the number and seriousness of the crimes committed should be established before deciding to proceed with the story.
Opinions about the case should be sought from the police, the offender, the parole board, prison officials, as well as others who can speak on the basis of direct knowledge of the case and of the related issues.
Any story that is broadcast should include contextual information regarding the record of the offender and the circumstances and reasons for his or her release into the community.
The story should be presented in a manner that will help members of the community to understand some of the complexity of such cases rather than encouraging fearfulness and exaggeration.
3.2.5 IDENTITY OF CRIME VICTIMS
Broadcasting the identity of a crime victim most often only adds to the person's grief, anguish and trauma.
As a general rule, the CBC does not broadcast the identity of a living crime victim, particularly in the case of a crime against the person such as sexual assault, except in one of the following circumstances:
- the victim consents to the disclosure (in writing or on tape);
- the victim volunteers his or her story for broadcast;
- the public interest is an overriding consideration.
When, without due legal process, an alleged victim accuses someone of a crime against his or her person, the CBC does not grant the privilege of anonymity to the alleged victim. Furthermore, broadcasting of the accusations is dependent on a thorough review, by program management and the Law Department, of the credibility of the person and of the evidence he or she brings forward. In some instances, revealing the identity of a victim is prohibited by a publication ban.
In other instances, revealing the identity of a young victim is prohibited by law. Generally, other than in circumstances where the young victim is dead, the CBC does not broadcast the identity of a minor who is a crime victim.
Taping and broadcasting a private communication with the consent of only one of the participants in the communication may be legal. When a CBC representative is party to the private communication, he may tape it if he deems it necessary. However, it is CBC's general practice not to broadcast a private communication without the knowledge of all parties to the communication.
Exceptions to this rule must be authorized by the senior officer in information programming.
Authorization may be given only if the information is not obtainable by more open means, is indispensable to an important purpose and concerns illegal, anti-social or fraudulent activities, or clear and significant abuses of public trust.
Reference:
IV.A.5. Rights of Participants and Interviewees
IV.A.10. Clandestine Methods
