The Code of Broadcasters' Conduct, Moldova, English

L-am tradus in engleza si l-am pus poate mai are nevoie cineva

APPROVED
by BCC Decision no. 127 of 26.12.2007

Chairman ________________Gheorghe GORINCIOI

The Code
of Broadcasters' Conduct

Taking into account the major role of radio and TV broadcasting in forming the personal attitudes of citizens, the public opinion and in developing the democratic society, the ethical responsibility of the broadcasters to citizens and society in general;
Convinced that the freedom of expression and the insurance of the unrestricted access to any piece of information of public interest represent essential foundations of a democratic society and taking into account that exerting these rights entails duties and responsibilities;
Conscious of the responsibility of the broadcasters to air program services matching the norms of professional ethics and of the need to protect the linguistic and national-cultural heritage;
Preoccupied with the need to insure the minors' protection and conscious that the freedom of expression cannot prejudice one's dignity, honor, private life or the right to one's own image;
We, the broadcasters from Moldova, commit to strictly observe the following conduct rules and norms in our professional activity.

Chapter I
Informing Justly, Fully, Adequately and Political-Social Pluralism

Art. 1. The Broadcasters have the primordial duty to tell the truth, regardless of the consequences it may have on them, this obligation pours from the constitutional right of the public to be informed justly, fully and adequately. In the wake of this right the broadcasters are bound to communicate only facts fully checked.
Art. 2. The Broadcasters have the obligation to make a clear distinction between facts and opinions, so as not to confuse them. In reporting facts and opinions, the journalists shall act by good faith and shall not present their opinions as facts.
Art. 3. The information presented in news and current affairs programs should ground on facts and data the truthfulness of which can be established by corresponding verification methods.
Art. 4. Informing on issues of public interest, politics, economy, society and culture shall pursue to insure the impartiality, the balance and shall favor the free formation of opinions, by presenting the views of all the parties involved and, if it is the case, the main opposing views.
Art. 5. The Broadcasters shall specify the political capacity of the people expressing opinions in news programs or debates.
Art. 6. The Broadcasters are obliged to offer the right to response and rectification to any natural or legal entity the rights or the legitimate interests of which are harmed in a broadcast by presenting untrue or inexact facts. The Broadcasters may not offer the right to response for expressing opinions or value judgments, in case response to response is asked for or in the case the audiatur et altera pars principle is observed.
Art. 7. The Broadcaster intentionally distorting the information, making groundless accusations, using photographs, video footage and other sources without authorization, or slandering, commits professional deviations of maximum severity.

Chapter II
Public Interests and Respect for Human Rights

Art. 8. In the understanding of this Code, any local or national problems, facts or events bearing significance for the life of the community are considered of justified public interest.
Art. 9. The Broadcasters are obliged to observe the principle of presumption of innocence and shall not allow for bringing accusations without offering the accused the possibility to say his/her viewpoint.
Art. 10. Any person has the right to have his/her private and family life observed, as well as his/her domicile and correspondence. The Broadcasters shall not broadcast information about the private and family life of a person, without his/her agreement, except for meeting the conditions for the cases of justified public interest. The information about the address of a person or of his/her family and their telephone numbers shall not be revealed without their agreement.
Art. 11. The Broadcasters are bound to take into account the legitimate interests of minors. They shall protect the identity of minors involved in infractions, as victims or authors, except for the situation when the public interest requires that they are identified, or following the express request of parents or of their legal representatives, viewing to protect the minor's superior interest.
Art. 12. The identity of the victims of accidents, calamities, infractions, especially of the victims of sexual aggressions, shall not be revealed, except for the situation when they agree or when major public interest prevails. The vulnerable people (sick, disabled, refugees, etc.) enjoy the same approach.
Art. 13. The Broadcasters are bound not to discriminate anyone because of racial, ethnic, religious, sexual, age, sexual orientation or disability reasons and not to instigate to hatred and violence when reporting facts or expressing opinions.
Art. 14. The Broadcasters have the obligation to warn the public, in case of broadcasting scenes of violence with possible negative emotional impact and to avoid the repeated presentation of footage. Images presenting executions, killed people of volunteers to die, regardless of their reasons, are broadcast only in well-justified cases.
Art. 15. In cases of the kidnap or the highjack, the Broadcasters shall ensure that the broadcast footage does not prejudice the efforts made to solve them and do not jeopardize the lives of people involved.
Art. 16. Anyone has the right to his/her own image. In case, in broadcasts, accusations are brought to a person related to illegal or immoral facts or behavior, they shall be supported by proofs, and the accused persons have the right to intervene to express their viewpoint. If the accusations are brought by the broadcaster, it is bound to ask for the viewpoint of the incriminated person.
Art. 17. The program producers have the obligation not to allow the invitees to use licentious language or to instigate to violence against other people. Any pejorative reference in the address of the elderly or the disabled, or placing them in ridiculous or humiliating situations are forbidden in broadcasts.
Art. 18. Anyone has the right to have his/her intimacy respected in difficult moments, as an irreparable loss or misfortune. In case of human sufferance, of natural disasters, accidents or acts of violence, the Broadcasters have the obligation not to get unduly involved in the private life.
Art. 19. The Broadcasters shall not air images of a person in the situation of a victim, without his/her agreement and without the agreement of the family of the person without discernment or dead. In the cases of witnesses at committing infractions, upon their request, the footage shall be broadcast by ensuring the full protection of their identity.

Chapter III
Gathering Information and Protecting Sources

Art. 20. The Broadcasters shall obtain information overtly, transparently and legally. When asking for information, the journalist is bound to introduce himself/herself, to name the broadcaster he/she represents and to tell the informing person that the audio and/or video recordings and his/her words may be broadcast, except for the cases of gathering information confidential or inaccessible officially.
Art. 21. The Broadcasters shall not broadcast images or sounds recorded with hidden microphones or cameras, except for the cases in which the materials obtained so could not have been made in natural conditions, and their content represents a justified interest for the public. This fact should be explicitly mentioned when broadcasting the information.
Art. 22. Broadcasting recordings of telephone conversations or (excerpts from) correspondence having reached the broadcasters is allowed in case it meets needs of national security, of public order or it ensures the prevention of punishable acts, it proves the commission of an offense or it represents justified public interest.
Art. 23. The Broadcasters have the obligation to keep the confidentiality of the sources asking to have their anonymity preserved or of the sources the unveiling of which can jeopardize their life, physical or psychical integrity, their place of work or other legitimate interests.
Art. 24. In case of presenting audiovisual materials coming from sources outside the office, this shall be specified. Exception shall be made as to the audiovisual materials coming from news agencies.

Chapter IV
Journalist's Independence and Broadcaster's Responsibility

Art. 25. Total transparency shall exist in broadcasting entities as to the ownership over and the management of the broadcaster, so that the citizens shall clearly know the identity of owners and the level of their economic employment in the entity.
Art. 26. The radio and TV journalist has the right to the conscience clause. He has the right to refuse any journalistic action against the principles of the journalistic ethics or against his/her own convictions. This freedom derives from the journalist's obligation to inform the public, with good faith.
Art. 27. The radio and TV journalist does not carry out instructions on the part of authorities, private structures or persons, but subordinates only to the executive management of the employing broadcasting entity.
Art. 28. Using the status of a radio/TV journalist to gain personal benefits or for third parties runs counter the ethical norms and is unacceptable.
Art. 29. In exercising the profession and in the relations with public authorities, political parties, civil society organizations, or with commercial entities, the radio and TV journalist is forbidden to conclude agreements which may affect his/her impartiality or independence.
Art. 30. The radio and TV journalist shall not accept advantages or privileges which may compromise his/her integrity and the image of the broadcaster.
Art. 31. The radio and TV journalist shall avoid being in a situation of conflict of interests. It is recommended to separate the editorial activities from political and economic activities. In order to avoid the conflicts of interests, it is recommended that the journalist should not be a member of any political party and should not be an informer or an undercover officer of secret services, while exercising his/her job.
Art. 32. The radio and TV journalist has the right to be defended by the employing broadcasting entity, as well as by the professional or trade union association which represents his/her interests against any pressure exerted on him/her, liable to determine a breech of the professional conduct envisaged by this Code.
Art. 33. The radio and TV journalist shall not admit plagiarism, which is one of the largest and most severe deviations from the professional ethics.
Art. 34. The radio and TV journalist shall not cooperate with the Broadcasters which have a tolerant stance concerning the violation of the principles of honest journalism and loyal competition.
Art. 35. The radio and TV journalist shall not offer his/her works to another broadcaster (media outlet) without the consent of the broadcaster's administration.
Art. 35. If a journalist, working as a freelance, offers his/her materials to a number of media, he/she should inform about this the representative of the next broadcaster he/she deals with.
Art. 36. The radio and TV journalist shall keep the confidentiality of the information about the broadcaster, if this does not break the law and this Conduct Code.

Chapter V
Relations among Broadcasters

Art. 37. In their daily relations, the Broadcasters shall keep a balance between fair competition and professional solidarity.
Art. 38. The Broadcasters shall not create obstacles to their colleagues in receiving information and shall not mislead them on purpose.
Art. 39. The Broadcasters shall not settle scores through the agency of waves. Such a behavior damages not only them, but the profession in general.
Art. 40. The Broadcaster is bound to indicate the primary information sources in case it uses data from the work of another author, albeit not quoting, but only adapting the latter one's text.
Art. 41. The Broadcasters can show loyalty and solidarity with one another in any circumstances, and mutual assistance in exercising their professional duties.