NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS MEDIA AND CHILD RIGHTS

1. NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS MEDIA AND CHILD RIGHTS Ms. Dipa Dixit Former Member

2. Legal Framework NCPCR’s role Recent Cases of Media Coverage Compromising Child Rights Media Guidelines OVERVIEW

3. LEGAL FRAMEWORK INTERNATIONAL • The UNCRC- Article 16: • No child shall be subjected to arbitrary or unlawful interference with her privacy, nor to unlawful attacks on her honour & reputation. • The child has the right to the protection of the law against such interference or attacks. • Article 40 states that the privacy of a child accused of infringing penal law should be protected at all stages of the proceedings

4. LEGAL FRAMEWORK NATIONAL • THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 Section 21: Prohibition of publication of name, etc. of juvenile in conflict with law or child in need of care and protection involved in any proceedings under the Act. (Continued)

5. The Juvenile Justice (Care and Protection of Children) Rules, 2007 • Rule 3: Fundamental Principles to be followed in administration of these rules: • Principle II- Principle of dignity and worth • Principle IV- Principle of Best Interest • Principle VII- Positive Measures • Principle XI- Principle of right to privacy and confidentiality • Principle XIV- Principle of Fresh Start

6. NCPCRs ROLE

7. NCPCRs ROLE • Constituted as a Statutory Body in March 2007 by the Government of India under Section 3 of the Commissions for Protection of Child Rights Act, 2005 (CPCR Act) • Performs the functions assigned to it under Section 13 and to exercise the powers as vested with it under Section 14 and 15 of the said Act for protection of child rights and to deal with related matters.

8. RECENT CASES OF MEDIA COVERAGE

9. Increased Media Coverage of Child Issues • Issues related to children have become important-dedicated spaces in both print & electronic media • Apart from creating awareness, coverage has ensured debate, action and accountability –Eg. News about the midday meal (MDM) deaths in Chappra District, Bihar. Govt (both at State & Center level, had to review the MDM program around the country, lay down guidelines to monitor quality and quantity of MDM) • Plight of abuse & sexual abuse of minors-coverage, highlighting the frequent incidence of the abuse, lack of adequate legislation & procedure, contributed to the passage of the POCSO Act in Nov 2012. • Many cases that NCPCR has taken up, is because of Press coverage

10. Sexual Abuse of Girl Children in Kanker, Chhatisgarh • Print Media Coverage bought this matter to the forefront . It was discovered that the girls were subjected to abuse for 2 years-no one took any action. It was only after the press covered it, that these children were rescued-the District & State Administration has taken steps to post women guards and staff at ashramshalas for girls, come up with an action plan for the state to monitor the same.

11. School Le Martiner, Kolkatta • Press coverage highlighting the issue of rampant corporal punishment in the urban school. • The resultant suicide of a 13 year old boy. • Adequate pressure from the press ensured criminal proceedings against the Principal and 2 Teachers of this school. • Press coverage of Corporal Punishment in schools ensured that it has been banned under the RTE Act (Sec. 17).

12. AarushiTalwar Murder Case [2008] • The victim, Aarushi Talwar, a 13 year old child who’s numerous photographs were procured and published by the media; whose “character” was dissected, deemed immoral and the intimate details of the crime scene, personal life were debated in all the Media publications. • Trial by Media-Certain channels transgressed all lines-irresponsible reporting which went beyond just presenting facts. • Media infringed on the privacy & dignity of the child and her family to a great extent. • RESPONSIBLE REPORTING!!

13. Baby Falak Case[2012] • Media sensationalized the trauma underwent by baby Falak and the 15 year old Munni Khatoon to a great extent. • Media reporting sensationalized the life of both children in a way that these children will never be able to get away from the memories of this time.

14. GUIDELINES FOR MEDIA REPORTING ON CHILDREN

15. Media Guidelines Committee • Committee established by Delhi High Court post the Baby Falak Case, with NCPCR as Convenor, to frame Media Guidelines for reporting on children and disclosure of details by other stake holders. • The Guidelines framed have been passed by the Hon’ble Delhi High Court vide their order dated 12.12.2012 and circulated to all stake holders by the Committee for compliance.

16. Committee Consists of: • NCPCR • Press Council of India • Govt. Representatives (MWCD/I & B/NIC) • News Broadcasting Association • Medical Council of India • NGOs • Lawyers • Child Rights Experts • JJB Magistrates • Child Welfare Committee Representatives • Police

17. Committee Decisions • The said Guidelines and Court order dated 08.08.2012 shall be uploaded immediately on the websites of Press Council of India (PCI), Ministry of Information & Broadcasting, Dept. of Women & Child Development- Govt of NCT of Delhi, Ministry of Women & Child Development- Govt. of India, News Broadcasters Association (NBA) & Indian Broadcasting Foundation (IBF). • Guidelines should cover other stakeholders- Police, JJBs, CWCs, Lawyers, Courts, NGOs, functionaries of child care institutions, medical institutions, information technology centres, etc.

18. GUIDELINES FOR MEDIA REPORTING ON CHILDRENwww.ncpcr.net.in • Coverage relating to children may have long term consequences on their overall development (physical, mental, psychological, emotional, moral, social, economic, etc.), life and dignity; • Lack of care may entail real risk of children facing harm, stigma, disqualification, retribution, etc. • The privacy, dignity, physical and emotional development of children needs to be preserved and protected while reporting/broadcasting/publication of news/programs/documentaries etc. on and for children.

19. Media Guidelines [Contd.] • Meaning of terms used: • “Child” or “Children” shall mean a person(s) who has/have not completed 18 years of age. • “Media” shall include, but not be limited to any newspaper, magazine, news-sheet or electronic media. • Principles: • Involvement of children in news/programs/documentaries etc. must evidently be editorially justified from a child rights perspective. • Media shall ensure that child victims of rape, other sexual offences, trafficking, drug/substance abuse, elopement, organized crimes, children used in armed conflicts, children in conflict with law and child witnesses, etc. are automatically guaranteed anonymity.

20. Principles of Media Guidelines (Contd.) • Ensure child’s right to privacy and prevent the child from being exposed to anxiety, distress, trauma, social stigma, risk to life & safety when reporting/broadcasting/publication of news/programs/documentaries etc. on and for children. • Ensure that a child’s identity is not revealed in any manner, including but not limited to disclosure of personal information, photograph, school/institution/locality and information of the family including their residential/official address. • No sensationalization of issues or stories, especially those relating to children.

21. Principles for Interviewing a Child • That the interview is in the child’s best interest. • That the interview does not aggravate the child’s situation further. • That the manner and content of the interview doesn’t affect/interfere with the child’s right to privacy. • The interview shall be done under supervision and consent of the child’s parent(s) or legal guardian, or in the alternative, the competent authorities for the child. • That while interviewing a child, his/her consent may be obtained, depending upon his/her age and maturity. • Frequent interviewing of a child must be avoided. • The child’s refusal to be interviews must be honored. • Before interviewing the child, he/she must be duly informed about the purpose and manner of the interview. • The child, her parents/guardian or any person having control over him/her shall not be coerced or enticed in any manner including financial or other inducement to secure consent for the interview.

22. Principles of Media Guidelines (Contd.) • Media must verify the credentials and authority of individuals/organizations whose consent is sought on behalf of the child. • Media shall not give any financial or other inducement to the child or parent/guardian or others in relation to reporting/broadcasting/publication of news/programs/documentaries etc. on and for children. • Media must balance its responsibility to protect children from unsuitable content with the right to freedom of expression and the right to know. • To protect the identity of the child, media must ensure that any visual showing the face of the child must be completely morphed where privacy is required. • Media shall orient/sensitize its editorial personnel's, including editors/editorial team etc. about laws relating reporting on children. • Media shall proactively promote the children’s right to information and freedom of expression.

23. PUBLICITY • The Department of Information and Public Relations of all State Governments and U.T. Administrations, the Directorate of Field Publicity, Directorate of Advertising and Visual Publicity of Ministry of Information and Broadcasting, Prasar Bharati, Self Regulatory Bodies, etc. shall give due publicity at appropriate intervals to the laws related to reporting/broadcasting/publication of news/programs/documentaries etc. on and for children.

24. MONITORING • The compliance with the applicable laws, regulations and guidelines related to children shall be monitored by the following: • The self-regulatory bodies. • The regulatory mechanisms of Ministry of Information & Broadcasting such as Electronic Media Monitoring Center and Inter-Ministerial Committee. • Press Council of India

25. INTERNATIONAL MEDIA GUIDELINES

26. International Federation of Journalists with the support of European Commission • Respect for the privacy of children and protection of their identity unless it is demonstrably in the public interest; • The need to give children access to media to express their own opinions • The obligation to verify information before publication • The need to consider the consequences of publication and to minimize harm to children • Media should avoid sexual, violent or victim focused programming and images that are potentially damaging to children. • Media should avoid stereotypes and sensational presentation of journalistic material.

27. THANK YOU