Precautions regarding audiovisual coverage of terrorist acts
France has been hit by a wave of terrorist attacks on a massive scale, and the media coverage has been extremely extensive. While media coverage of such events, including on French territory, is not unprecedented, it is taking place in a context marked by the multiplication of information channels and sources, and the growing role of social networks.
As far as the audiovisual media are concerned, article1 of the law of September 30, 1986 on freedom of communication makes provision for " free communication to the public by electronic means. The exercise of this freedom may only be limited to the extent required, on the one hand, by respect for the dignity of the human person, (...) and, on the other hand, (...) by the protection of public order (...) ". The clarification of these general rules for their application to the processing of terrorist acts was the subject of a Council notice dated November 20, 2013, which is appended.
Beyond the mandatory rules, the recent attacks have given rise to new questions about audiovisual media practices. These questions are all the more pressing given that, despite competition from new players, the audiovisual media remain the central players in informing the public during such tragic events, and play a fundamental role in the representations viewers and listeners make of these events.
It is against this backdrop that the legislature, through article 20 of law no. 2016-987 of July 21, 2016 extending the application of the law of April 3, 1955 relating to the state of emergency and introducing measures to strengthen the fight against terrorism, supplemented article 15 of the law of September 30, 1986 to make provision for the French Superior Audiovisual Council "(...) to draw up a code of good conduct relating to audiovisual coverage of terrorist acts. "
The exchanges that the Conseil has had with radio and television providers since the January 2015 attacks have clearly shown that, in all newsrooms, a work of analysis and reflection on their practices has been carried out, which underlines their spirit of responsibility.
The purpose of the present document is to take stock of the issues raised by the coverage of terrorist events that cannot be dealt with by imperative and general rules in view of the diversity of situations encountered, and to propose a set of precautions to be taken in response.
This document was drawn up after several meetings with representatives of the audiovisual media and journalists, as well as with experts, professional organizations, victims' representatives and the Paris State Prosecutor. It takes into account current thinking and best practices within audiovisual media services.
These recommendations have been designed to enable the media to reconcile the essential need for free information with other imperatives in the general interest: the smooth running of judicial investigations and the preservation of the work of the security forces; the protection of victims and their families; and, in general, respect for the principle of human dignity.
Particular attention has been paid to the portrayal of terrorists and the treatment of propaganda images and sounds.
The Council invites publishers to continue reflecting on their practices, taking into account, if they have not already done so, the recommendations set out in this document. These recommendations are intended to be adapted to their specific needs, particularly when they provide a continuous news service or special editions. The Council also invites publishers to take the same precautions whatever their information diffusion channels, in particular their websites.
1. General precautions.
Reliable internal procedures are essential to ensure the security of information. They are all the more important in the case of live diffusions. Their definition and implementation are the responsibility of each newsroom's own organization.
However, the Council considers that it is advisable, when such events occur, for each of them to mobilize a crisis unit under the responsibility of experienced professionals in the field, and to set up a strengthening internal control and validation process, operational before any on-air broadcast, when such events occur.
It also considers that publishers should consider the advisability of setting up a deferred broadcasting procedure to guarantee the effectiveness of this control and validation process.
2. Necessary precautions with regard to judicial investigations and the action of security forces.
The Conseil recalls that article1 of the law of September 30, 1986 makes provision for the freedom of communication to be limited by the need to safeguard public order: it is the responsibility of broadcasters not to show images or sounds which could, in the context of a terrorist attack, endanger the safety of individuals.
In this context, a number of practices summon particular vigilance.
First and foremost, it is important to act with the utmost discernment when seeking out information, to avoid hindering the security forces, particularly at the scene of an operation.
In this respect, when operations are underway, publishers must refrain from making any contact with terrorists or hostages, given the risk of such contact being exploited, and the dramatic consequences this could have for the safety of individuals and the investigation. Particular care must be taken when contacting victims, witnesses or their relatives, so as not to endanger their safety.
In the event of direct contact initiated by terrorists, the authorities must be informed immediately, in accordance with the procedures they have defined.
Secondly, information likely to be divulged by the audiovisual media, in particular information identifying terrorists or relating to their modus operandi, must not disrupt the work of the security forces and the judicial authorities. In particular, they must not inadvertently encourage delinquent or criminal behavior.
In all cases, it is necessary to maintain regular contact with the relevant authorities, who can advise editorial staff on the accuracy of a piece of information, or even, in certain cases, on the advisability of deferring its diffusion.
3. Precautions to be taken when presenting terrorists and propaganda images.
The way in which terrorist acts are portrayed can lead to phenomena of enhancement, or even glorification, which can provoke mimetic behavior. This is why it is essential for publishers to give particular thought to the way in which information relating to the identity of terrorists is handled.
Whether or not to anonymize the perpetrators of terrorist acts is a matter for the broadcaster's editorial freedom. The information gathered by the Council during its consultation showed that there is no single satisfactory answer to the question of whether or not to show their identity or image.
It is up to publishers to formulate their judgement on a case-by-case basis, taking into account the circumstances and conditions of diffusion, in particular multi-broadcasting.
Particular care must also be taken in the treatment of subjects relating to the personalities or backgrounds of the perpetrators of these acts, taking care not to present them in a way that could be perceived as positive, or which would be likely to offend the victims, their relatives or the public.
The diffusion of propaganda elements (images, sounds or terms used) for information purposes is also a matter of freedom for publishers. However, the Conseil recommends that, as far as possible, such material should not be broadcast, and that, if it is shown, the utmost caution should be exercised, in particular by accompanying it with appropriate editorial material and details of its origin.
4. Precautions to be taken with regard to victims.
The Conseil recalls that articles1 and 15 of the law of September 30, 1986 make provision for the freedom of communication to be limited in particular by requirements linked to respect for the dignity of the human person. The November 20, 2013 notice sets out rules to be followed in order to avoid showing images that could undermine the dignity of victims, hostages or their relatives.
In addition, when collecting testimonies from victims or direct witnesses, it is important to take into account the state of vulnerability in which they may find themselves. Editors must bear in mind that some people who agree to testify may be in a state of shock, and not really in a position to give informed consent to the recording of their image or words.
Particular vigilance is also required when it comes to the paid acquisition of amateur footage of terrorist attacks. The Council notices that this should only be done in exceptional cases, to avoid encouraging people to capture sounds and images during dramatic events, for the sole purpose of monetising them, without taking into account the effect of such practices on the victims.
5. Precautions to be taken to strengthen the reliability of the information shown.
The Conseil recalls that most of the agreements of private-sector publishers, the specifications of public-sector publishers and the notice of November 20, 2013 contain obligations relating to rigor in the presentation and processing of information.
Particularly in the context of the treatment of an attack taking place on national territory, the Council invites publishers to demonstrate strengthening precautions, in order, in particular, not to contribute to fuelling panic movements or accentuating the anxiety-provoking nature of a situation.
It therefore seems essential to show the utmost caution when it comes to the diffusion of unconfirmed information likely to fuel the tension and panic that can seize people present at the scene of events, and more generally the public. Precautions such as the use of the conditional are not always enough to make the public aware of the uncertain nature of a piece of information. In all situations, the origin of the information must be specified, and any errors must be rectified as soon as possible and repeatedly.
Particular care must be taken when diffusing testimonies gathered on the spot, in the absence of clear and confirmed information on the course of events. It is also important to question whether some of the testimonials are really informative. Indeed, given the context, witnesses may, even involuntarily, amplify facts or relay rumors.
Editors should also take particular care when deciding to show images or sounds from amateur recordings, both by strengthening the verification process and by contextualizing them.
Finally, the choice and presentation of experts is a matter for the media's editorial freedom. However, some on-air experts are invited to shed light on and comment on this type of event, without the public always being clearly informed of their quality and background. The Council therefore suggests that all means be used to systematically and regularly present experts and their personal pathways, which may influence their analysis.
This document will be published in the Official Journal of the French Republic.
Paris, October 20, 2016.
For the French Superior Audiovisual Council :
The Chairman
O. SCHRAMECK
APPENDIX 1: TEXTS APPLICABLE TO AUDIOVISUAL COVERAGE OF TERRORIST ACTS
Article1 of the law of September 30, 1986 on freedom of communication states: " Communication to the public by electronic means is free. The exercise of this freedom may only be limited to the extent required, on the one hand, by respect for human dignity, the freedom and property of others, the plurality of expression of currents of thought and opinion and, on the other hand, by the protection of children and adolescents, by the protection of public order, by the needs of national defense, by the requirements of public service, by the technical constraints inherent in the means of communication, as well as by the need, for audiovisual services, to develop audiovisual production. (...) "
Article 3-1 of the same law states: " Le Conseil supérieur de l'audiovisuel, autorité publique indépendante dotée de la personnalité morale, garantie l'exercice de la liberté de communication audiovisuelle par tout procédé de communication électronique, dans les conditions définies par la présente loi. (...) "
Article 15 of this law states: " The French Superior Audiovisual Council ensures the protection of children and adolescents and respect for human dignity in programs made available to the public by an audiovisual communication service. (...) It draws up a code of conduct for audiovisual coverage of terrorist acts.
The Council also adopted the following notice:
" The Council recommends that, for each program dealing with these facts, publishers ensure compliance with the following principles:
1. Human dignity
- By refraining from overtly indulgent presentations of violence or human suffering when showing images of people killed or wounded and the reactions of their loved ones;
- By preserving the dignity of hostages, particularly when their image or any other element enabling them to be identified is used by kidnappers;
- By scrupulously respecting the provisions of the Geneva Conventions and their Additional Protocols relative to the protection of prisoners of war and artificial persons in time of war.
2. Public order and honesty of information
- By treating international conflicts likely to fuel tensions and antagonisms within the population, or to lead to attitudes of rejection or xenophobia towards certain communities or countries, with the necessary balance and rigor;
- By checking the accuracy of the information shown or, in the event of uncertainty, by qualifying it, presenting it conditionally and quoting its source and date, subject to the protection of sources guaranteed by law no. 2010-1 of January 4, 2010 on the protection of journalists' sources;
- In the event of diffusion of inaccurate information, to proceed to its rectification as soon as possible and under comparable conditions of exposure;
- By accompanying the diffusion of archive images with an on-air reference to their origin.
3. Protection of individuals
- By ensuring that the diffusion of sounds and/or images that are difficult to sustain is systematically preceded by an explicit warning to the public, designed to protect the most vulnerable from their possible impact;
-By ensuring, with constant vigilance, compliance with the rules laid down in the notice of June 7, 2005 to television service editors concerning youth signage and program classification, and with the notice of December 20, 2011 concerning the protection of youngsters, ethics and accessibility of programs on on-demand audiovisual media services. "
APPENDIX 2: ELEMENTS RELATING TO THE CONCERT PRECEDING THE PREPARATION OF THIS DOCUMENT
September 13, 2016: First meeting with television and radio providers of radio.
Present:
- Arte,
- Canal +,
- Euronews,
- France Médias Monde,
- France Télévisions,
- Lagardère,
- LCP-AN,
- Métropole Télévision,
- NextRadioTV,
- Public Sénat,
- Radio France,
- RTL,
- Syndicat interprofessionnel des radios et télévisions indépendantes (SIRTI),
- TF1.
September 23, 2016: Meeting with experts
Present:
- Mr. Jean-Charles BRISARD, President of the Centre d'analyse du terrorisme ;
- Mr Pierre CONESA, lecturer at the IEP in Paris;
- François JOST, University Professor, Director of the Communication and Media Laboratory;
- Pierre LEFÉBURE, lecturer at Université Paris 13 - LCP-IRISSO;
- Mr Gérôme TRUC, sociologist.
September 29, 2016: Meeting with representatives of journalists and qualified personalities.
Present:
- Mr. Jean-Luc BARDET, Editor-in-Chief France, Agence France Presse (AFP);
- Mr. Paul COPPIN, legal officer, Reporters sans frontières (Reporters Without Borders);
- M. Olivier DA LAGE, member of the national board of the Syndicat national des journalistes (SNJ);
- M. Stéphane DELFOUR, Head of Video France, AFP;
- M. Patrick EVENO, President of the Observatoire de la déontologie de l'information (Observatory on the ethics of information);
- Mme Dominique PRADALIE, General Secretary of the SNJ.
October 3, 2016: Second meeting with television and radio providers.
Present:
- Arte,
- Canal +,
- Euronews,
- France Médias Monde,
- France Télévisions,
- Lagardère,
- LCP-AN,
- Métropole Télévision,
- NextRadioTV,
- Public Sénat,
- Radio France,
- RTL,
- SIRTI,
- TF1.
October 12, 2016: Hearing in plenary session of representatives of the Institut national d'aide aux victimes et de médiation (INAVEM):
- Mr Jérôme BERTIN, deputy director general of INAVEM ;
- Ms Olivia MONS, INAVEM communications manager.
October 12, 2016: Hearing of :
- Mr François MOLINS, State Prosecutor of Paris ;
- Ms Agnès THIBAULT-LECUIVRE, Deputy State Prosecutor.
October 17, 2016: Third meeting with representatives of television and radio providers.
Present:
- Arte,
- Canal +,
- Euronews,
- France Médias Monde,
- France Télévisions,
- Lagardère,
- LCP-AN,
- Métropole Télévision,
- NextRadioTV,
- Public Sénat,
- Radio France,
- RTL,
- SIRTI,
- TF1.