Reporting crime
In our reporting of crime we aim to ensure that our content is clearly editorially justified. We are particularly vigilant about the following issues:
Dealing with criminals.
Any proposal to interview a criminal active in or wanted in the UK must be referred to Controller Editorial Policy.
Contacting escaped prisoners or people wanted by the police in the UK.
In some circumstances this may constitute a criminal offence. Any proposal to contact or interview such people must be referred to Controller Editorial Policy and Programme Legal Advice.
Interviews with active or convicted criminals must not:
- glamorise wrong doing.
- reveal too much detail about a crime that could be copied.
- celebrate the flouting of the judicial process.
Witnessing illegal activity.
When investigating criminal activity we may, on rare occasions, want to record a specific crime. When that might raise questions about our relationship with the criminal or involves witnessing serious criminal activity it must be referred to a senior editorial figure or for Independents to the commissioning editor, as well as Controller Editorial Policy and Programme Legal Advice. Approval to be present at or record serious illegal activity will be given only if it is clearly in the public interest, even then we must avoid:
- condoning, aiding or abetting criminal behaviour.
- encouraging or provoking behaviour which would not otherwise have occurred.
- directing the activity in any way.
Anyone admitting to or carrying out an illegal act could be prosecuted after transmission. Our research notes, diaries, emails and other paperwork as well as untransmitted rushes may be obtained by the police by court order. This material may also have to be disclosed as evidence to a court, tribunal or inquest.
Demonstration of illegal activities.
We should not normally demonstrate or depict criminal techniques, for example, how to hotwire a car unless editorially justified. Even then it is important to avoid revealing too much detail or the ways in which an activity can be made more effective. Illegal activities like drug use or joy riding should not be portrayed as problem free or glamorous.
Recording illegal activities involving animals.
In the UK bull fighting, dog fighting and cock fighting are illegal. It will rarely be justified to broadcast such scenes whether recorded here or overseas and any proposal to do so must be referred to a senior editorial figure or for Independents to the commissioning editor. However there may be times when in the public interest we may be justified in recording the harming of animals by third parties for the purpose of gathering evidence or to illustrate malpractice, cruel, anti-social or controversial behaviour. Any such proposal must be referred to a senior editorial figure or for Independents to the commissioning editor.
Dealing with anyone under eighteen involved as a witness, victim or accused.
When reporting an investigation into an alleged criminal offence in the UK, we must make very careful judgements about revealing their name, address, identity of school or other educational establishment, place of work, or any still or moving picture of them. A public interest or clear editorial justification is also required for the broadcast of such material related to the identity of anyone under eighteen who is involved as a potential defendant.
If criminal proceedings follow there are legal restrictions surrounding the publication of information leading to the identity of anyone under eighteen who is a witness or the accused. The legal position differs before and after charge. For further information contact Programme Legal Advice.
Interviewing witnesses or potential witnesses.
We must be scrupulous about our interviews with witnesses, both in the UK and overseas, to ensure that we do not interfere in the legal process. When conducting news interviews with people who have recently witnessed a crime we should be aware of the possibility of contempt of court.
Witnesses should not normally be interviewed about their evidence once proceedings are under way and until the verdict has been reached. Any proposal to do so must be referred through a senior editorial figure, or for Independents through the commissioning editor, to Programme Legal Advice and Editorial Policy. Witnesses sometimes claim to have been coached by a journalist. To protect ourselves against any unfair accusation and with the knowledge of the interviewee we should record and keep the whole interview, including any pauses, interruptions, prompting, repeat questions, or re-takes.
Identifying victims, witnesses and sources.
There may be legal reasons why the identity of one or more of those involved in a trial may not be reported. Reporting what a judge has forbidden to be reported, or a statutory restriction such as not revealing the identity of a victim of a sexual offence, would be contempt of court. If it is necessary to protect the identity of crime victims and witnesses, anonymity normally means no name, no address, no photograph, or any other clue as to identity. We should also take care not to identify people indirectly because of what is known as the "jigsaw effect". This occurs when separate reports, which could be in different media, give different details of a case which when pieced together, reveal the identity of the person involved. The risk is at its highest when reporting sexual crime within the family. We should not use the word incest where someone might be identified as the victim. Incest should be described as a "serious sexual offence."
When we report crime, particularly past stories, some of those involved - offenders, suspects, witnesses, relatives or victims - may have changed their names or addresses in order to re-establish their lives. Careful consideration should be given to the extent to which we identify them or their whereabouts.
The impact our reporting of crime may have on our audiences.
We report current crime stories, but we also examine, reconstruct or dramatise past events which could cause possible distress to victims and/or their families. This can be minimised if we tell them in advance about our plans. We should, as far as is reasonably practicable, contact surviving victims, and/or the immediate families of the deceased. If we contact people through an intermediary, such as the police or social services, it is our responsibility to check the victim and/or immediate family have been informed and have the necessary details to allow them to contact us.
Considering the families of criminals.
Reporting the facts about criminals may include detailing their family circumstances, but we should avoid causing unwarranted distress to their family. Also we should not imply guilt by association without evidence.
Political activities and crime.
Internationally there are different definitions of crime. In some countries for example, political dissidents and activists are defined as criminals, but interviews with them can be important in enabling us to provide a full understanding of events. However, for people motivated by personal gain from their criminal activities we must apply the same principles as in the UK.