8.1 Introduction
The ÃÛÑ¿´«Ã½ reports crime and anti-social behaviour as a matter of public interest. ÃÛÑ¿´«Ã½ content is aimed at giving audiences the facts in their context and reflects broadcasters' right to freedom of expression and audiences' right to receive information and ideas.[1]
The ÃÛÑ¿´«Ã½ will examine the nature of criminality, its causes and consequences, and also report on the agencies which fight crime.
Investigations into crime must be proportionate to the level of wrongdoing, and content makers must observe the standards of behaviour set out in the Editorial Guidelines.
ÃÛÑ¿´«Ã½ output may involve contributions from, or contact with, people who have engaged in criminal or anti-social acts. Contributors must be challenged, and criminal or anti-social behaviour should not be glamorised, condoned or encouraged. The public interest[2] in reporting crime must be balanced with respect for the privacy and dignity of victims and their families.
Internationally there are different definitions of what constitutes a crime. For example, interviewing political dissidents or activists can be important in providing a full understanding of events.
Reporting of crime should not unnecessarily add to people's fear of becoming victims of crime if statistics suggest it is very unlikely.
8.2 Principles
8.2.1 Content makers must ensure that material likely to encourage or incite crime, or lead to disorder, is not included in ÃÛÑ¿´«Ã½ output. However, this is not intended to restrict freedom of expression or the broadcasting of any content where a clear public interest can be demonstrated. There will be times when it is in the public interest to include views which may be perceived to be provocative or extreme. On those occasions, there must be sufficient context and/or challenge to those views. Context includes the editorial purpose of the output.
8.2.2 Hate speech, abusive or derogatory language or treatment of individuals, groups or communities on the grounds of, for example, race, religious belief or sexual orientation should not normally be included in output unless it is justified by the context.
(See 8.4.3)
(See Section 5 Harm and Offence: 5.4.33-5.4.35)
(See guidance: Racist Language)
8.2.3 Detailed descriptions or demonstrations of criminal techniques which could encourage or enable illegal behaviour should not be included unless editorially justified and in the public interest.
8.2.4 The public interest in reporting crime must be weighed against respect for the privacy and dignity of victims and their families.
8.2.5 Investigations into crime or anti-social behaviour, involving deception and/or intrusion, must be editorially justified, in the public interest and proportionate to the wrongdoing they seek to expose.
8.3 Mandatory Referrals
Mandatory referrals must be referred in advance. Mandatory referrals are an essential part of the ÃÛÑ¿´«Ã½'s editorial and compliance process and must be observed.
Referrals to Director Editorial Policy and Standards
8.3.1 Content likely to encourage or incite crime, or lead to disorder, must not be included in ÃÛÑ¿´«Ã½ output. Any proposal to publish or broadcast content which risks inciting crime or disorder must be referred to Director Editorial Policy and Standards.
(See 8.4.1)
8.3.2 When investigating criminal activity, content makers may want to record a specific crime or the planning of a specific crime. Where that might raise questions about their relationship with the criminal, or involves witnessing criminal activity, it must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor, and to both Director Editorial Policy and Standards and Programme Legal Advice.
(See 8.4.4)
8.3.3 Any proposal to contact or interview a criminal active in, or wanted in, the UK must be referred to Director Editorial Policy and Standards.
(See 8.4.14)
8.3.4 Any proposal to contact or interview escaped prisoners or others wanted by the UK police must be referred to Director Editorial Policy and Standards and Programme Legal Advice.
(See 8.4.17)
8.3.5 Any proposal to pay a fee or to make a payment in kind to criminals, former criminals, their families or their associates (directly or indirectly) for interviews or other contributions relating to their crimes, must be referred to Director Editorial Policy and Standards.
(See 8.4.19)
8.3.6 Any proposal to enter a UK prison to conduct an interview with a prisoner without permission of the prison authorities must be referred to Director Editorial Policy and Standards.
(See 8.4.21)
8.3.7 Any proposal to publish or broadcast the name or picture of a convicted paedophile or other sex offender, when their name has not been made publicly available by the police, the courts or other tribunal, or if their conviction is spent, must be referred to Director Editorial Policy and Standards.
(See 8.4.26)
8.3.8 Any proposal to interview a paedophile or other sex offender who has been convicted of serious offences, who is in prison or on release from prison, should be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should consult Director Editorial Policy and Standards.
(See 8.4.28)
8.3.9 Any proposal to grant anonymity to someone seeking to evade UK law, where there is an ongoing investigation, must be referred to Director Editorial Policy and Standards.
(See 8.4.30)
8.3.10 Any proposal to interview a witness or potential witness about their evidence once criminal proceedings are underway, or to pay them, must be referred to Director Editorial Policy and Standards and Programme Legal Advice.
(See 8.4.33–8.4.35)
8.3.11 Director Editorial Policy and Standards must approve any proposal to employ or pay someone known to have a criminal record or background of illegal activity to work on a ÃÛÑ¿´«Ã½ investigation.
(See 8.4.40)
8.3.12 Any proposal to inform the police or investigatory authorities of any wrongdoing uncovered during an investigation, unless part of a right of reply process or after publication or broadcast, must be referred to Director Editorial Policy and Standards.
(See 8.4.42)
8.3.13 When considering whether material from a discontinued investigation should be made available to the police or any other appropriate authority, content makers must consult Director Editorial Policy and Standards.
(See 8.4.43)
8.3.14 Any intention to supply material of any sort from a discontinued investigation to the police, or any other third party, must be referred to Director Editorial Policy and Standards and Programme Legal Advice.
(See 8.4.43)
Other Referrals
8.3.15 Any proposal, in the public interest, to record the harming of animals, for the purpose of gathering evidence or to illustrate malpractice or illegal, cruel, anti-social or controversial behaviour, must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.
(See 8.4.6)
(See Section 5 Harm and Offence: 5.4.42)
8.3.16 Consideration must be given in the early stages of a criminal or regulatory investigation as to whether there is justification for naming a suspect under investigation before charges – or their equivalent – are brought. If the intention is to name a suspect in these circumstances, Programme Legal Advice and Editorial Policy must be consulted.
(See 8.4.12)
8.3.17 When considering whether to publish information which is likely to identify a child or young person who is the subject of an order relating to their behaviour, has a conviction or is involved in court proceedings, Programme Legal Advice and Editorial Policy must be consulted.
(See 8.4.13 and 8.4.31-8.4.32)
8.3.18 Any proposal to contact or interview an active criminal, or person wanted anywhere outside the UK, must be referred to Editorial Policy. Internationally there are different definitions of what constitutes a crime and criminal behaviour. In some countries, for example, political dissidents and activists are defined as criminals, but interviews with them can be important in providing a full understanding of events. Generally, however, if a crime has been committed abroad, the same principles should apply as in the UK.
(See 8.4.17-8.4.18)
8.3.19 Any proposal to make payments, or payments in kind, to those who may not have committed a crime, but whose behaviour is clearly anti-social, for interviews or other contributions about their behaviour, must be referred to Editorial Policy.
(See 8.4.20)
8.3.20 Any proposal to enter an overseas prison to conduct an interview with a prisoner must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should consult Editorial Policy. If approved, the relevant international bureau should normally be informed and Programme Legal Advice consulted.
(See 8.4.22)
8.3.21 A live call from a prisoner requires strong editorial justification and should not be broadcast without referral to a senior editorial figure, or for independent production companies to the commissioning editor, who should consult Editorial Policy.
(See 8.4.23)
8.3.22 Any proposal to ask a prisoner to make a contribution for broadcast purposes or to broadcast an unsolicited contribution from a prisoner should be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should consult Editorial Policy.
(See 8.4.23)
8.3.23 Any proposal to undertake an investigation into crime or serious anti-social behaviour must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor. Editorial Policy and Programme Legal Advice must be consulted.
(See 8.4.38)
8.3.24 Any proposal to send someone to work as an undercover operative on an investigation into crime or serious anti-social behaviour must be referred to Editorial Policy and Programme Legal Advice.
(See 8.4.39)
8.3.25 Where investigations into criminal activity may infringe privacy, the relevant mandatory referrals can be found in the section on Privacy. These relate to:
- contacting people or groups suspected of acts of extreme violence for political or ideological ends, serious criminal acts or violence, or proposing covert surveillance or recording of such people or groups
- any proposal to send someone to work as an undercover operative
- job applications by undercover operatives working on ÃÛÑ¿´«Ã½ investigations.
(See Section 7 Privacy: 7.4.20-7.4.21)
8.3.26 A decision to proceed with a reconstruction or dramatisation of past events involving criminal or anti-social behaviour, when there are reasonable objections from those concerned, should be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should normally consult Editorial Policy.
(See 8.4.7)
- [1] The sections of the that relate to this are 3: Crime, Disorder, Hatred and Abuse and 8: Privacy. ↩
- [2] See Section 1 The ÃÛÑ¿´«Ã½'s Editorial Standards: 1.3 The Public Interest. ↩