Code of Ethics, adopted by the plenary meeting of the Press Council of Luxembourg on 28 March 2006.
Preliminary explanations
A code of ethics, an example of a Charter, must be easily readable for media professionals as well as for the public. However, it must be comprehensive enough to cover the various aspects on the media, with the aim of providing the Press Council of instruments necessary to assume a co-or even self-regulating.
The code must be comprehensive enough to serve as a guideline to the press Luxembourg without its readability is affected by the volume and complexity of articles.
This code must also be scalable. This evolution is achieved by adding directives that come at progressively, complete. The Press Council in Plenary issuing these guidelines, or on its own initiative or on a proposal the Complaints Commission. These guidelines assist in the interpretation and the application of various provisions of the Code.
In Part I of the Code, the Press Council sets standards and rules professional ethics.
In Part II, it provides recommendations and useful guidance in the Code.
In Part III, the Press Council provides clause by clause comments.
Preamble
Freedom of the press is the main safeguard freedom of expression, without that the protection of other fundamental civil liberties cannot be ensured, while considering that the exercise of these freedoms include duties and responsibilities.
The press should have the right to collect and publish unhindered information and comments to ensure the formation of public opinion.
With reference to Article 24 of the Luxembourg Constitution as amended guaranteeing freedom of the press, in the light of Article 10 of the Convention for the Protection of Human
Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and approved by the Law of 29 August 1953 which guarantees everyone freedom expression which includes freedom to hold opinions and freedom to receive or impart information and ideas without interference there may be by public authority and regardless of frontiers, in view of Article I of the Act of 8 June 2004 on the freedom of expression in the media ensuring freedom of expression in the media, pursuant to Article 23 of the law establishing the Press Council and the loading to develop and publish a code of ethics designed to define the rights and duties of journalists and editors Press Council plenary meeting of 28 March 2006 adopted this Code of Ethics.
Part I.
Chapter I. – Scope and purpose of the Code of Ethics
Art. 1 Scope
The provisions of the Code of Conduct apply to all players in the press Luxembourg and all the media covered by the law.
The recipients of the Code of Ethics include individuals or entities that are covered by the Act of 8 June 2004 on the freedom of expression in the media, following the law, under the terms editor, journalist or employee.
The editors are committed to know and comply with this Code by their employees.
Recipients Media Code include the press, media audiovisual and electronic.
Art. 2 Subject
The Code of Conduct sets the rules inherent in the exercise of freedom of expression in the media.
It allows the Press Council to exercise its mission of self-regulation and information conferred upon it by law.
Chapter II. – Rights and duties of the press in general
Art. 3 From freedom of expression
Journalists and editors are committed to defending the freedom of information and it involves rights, freedom of comment and criticism, independence and the dignity of the profession.
Art. 4 From the accuracy and truthfulness
a) The press is committed to the utmost rigor in the search for information and to verify the truth. In case of doubt on the veracity of the facts or information that the public has a predominant interest in knowing the press to present day with reserves necessary.
b) The information and statements which, after being released, would prove false or incorrect, will be corrected spontaneously, without any restriction prejudice to the legal provisions on the right of reply.
Art. 5 Respect for others
a) The press shall avoid and oppose any discrimination for reasons sex, race, nationality, language, religion, ideology, ethnicity, culture, class or beliefs, while ensuring respect for human fundamentals of the human person.
b) The press agrees not admit nor glorify crime, terrorism and other acts of cruelty or violence.
c) The press is committed to respect and uphold the human dignity of each individual. It is committed to respect the right to privacy of the individual. However, in exceptional cases the public interest and freedom of the press may override the right to privacy.
d) The press agrees to give the utmost attention to the protection of minors. It is committed to avoid intrusion may harm their development without prejudice to the legal provisions in force.
e) The press is committed to respect the presumption of innocence and avoid putting publicly as a person guilty of facts before confirmation official.
f) Press is committed to respecting copyright as defined in the amended Act of 18 April 2001 on copyright, neighboring rights and databases.
Art. 6 From independence
a) The journalist implies the rejection of any venality in the exercise of profession and the refusal to report his professional influence to other for the information and the formation of public opinion.
b) Journalists and publishers agree to accept any benefit or no promise that could limit their professional independence or expressing their own opinion.
c) The press is careful not to give in to pressure or promises direct or indirect third party in connection with the presentation of information, except to state its reserves.
d) Journalists may not be compelled to engage in practices unethical and ethics of their profession.
e) Journalists can not be forced to sign one of their contributions would have been substantially modified.
Chapter III. – Journalistic Practices
Art. 7 for obtaining information
a) The press agrees to observe professional secrecy which implies the right to remain silent sources of information, as defined in the law. She has the right to refuse disclose in the course of an administrative or judicial procedure information identifying a source. It is committed to ensuring that confidential sources of information will without the explicit permission of the informants.
b) Journalists are supposed to inform people or information sources unfamiliar with the press that their comments may be published or disseminated and therefore brought to the attention of the public.
c) Journalists and editors are committed to avoid work anonymously or any use of other illegal and reprehensible methods to obtain information, sounds, images or documents. They undertake not to practice investigation under cover when the scale of the information justifies it and information can not be obtained otherwise.
Art. 8 In the reporting
a) The profession is committed to carefully decide what is the opinion personal analysis and factual information so as not to generate confusion in the public. Journalists undertake to respect equally the facts, even in journalistic genres where the expression of opinions is wide instead.
b) press releases and other official communications are to identify clearly as such to avoid confusion with journalistic work. Journalists undertake not to sign their names as the contributions that have been they conceived.
c) The press agrees to commit no plagiarism and cite authors or sources which it reproduces information.
Art. 9 From the picture, sound and audiovisual
a) Journalists and editors undertake to respect the right of each image individual.
b) The image (photo, graphics, film footage, …) should not distort reality. The pictures were not taken in the direct context of the event are scoring clearly visible as illustration or image respectively archives. The photomontages are visibly marked as such.
c) When editing audio and video, journalists undertake to ensure not significantly alter the information gathered, nor to distort the information out of its original context.
d) The press agrees to prefer the representation of reality for reconstitution by various devices. Reconstructions of events and staging can nevertheless be used in journalism to illustrate and support a story, subject to identify an appropriate and careful not to mislead the public.
Art. 10 Electronic Media and the Internet
This Code of Ethics applies to the information provided by media professionals on the Internet or by other electronic means existing or future. Before creating hyperlinks, the press is obliged to check whether the referred pages contain illegal content. In the latter case, it undertakes to refrain from any electronic link.
Art. 11 From the business and financial information
a) Advertising must be made so that the public may be confused with editorial content. The commercials and advertisements that may be misinterpreted by a moderately attentive and informed public as journalistic information must be clearly identified to avoid confusion.
b) Journalists undertake not sign their name promotional items. The Press is committed to maintaining objectivity in presentation and communication information with respect to commercial businesses, products or services.
c) press product or communicating investment recommendations in the obligation to provide only recommendations compliant the relevant law and identify them. It should inform the public about the identity of the person making the recommendation and agrees to notify the public that it is not responsible for failure of a strategy investment.
d) Journalists and editors agree not to use their own benefit financial information they receive in advance of general publication. They undertake not to pass this information to interested persons before the general publication. They undertake not to communicate about stock prices where they themselves themselves or their loved ones, a major personal interest. They undertake not to sell or buy, either directly or through an intermediary, the holdings of shares on the stock exchange or any other financial instruments which they recently or they rely on write in the near future writing.
Art. 12 From the treatment of personal data
Press is committed to respecting the right of access to personal information each individual, this especially in the case of personal data as defined in the law on data protection. The right of access to personal information shall not, however, never undermine the protection of journalistic sources.
Chapter IV. – Miscellaneous Provisions
Art. 13 Advertising Code of Ethics
This Code of Conduct is made available to any person interested can apply directly to the Secretariat of the Press Council. The guidelines adopted in plenary by the Press Council will be and integrated over time to measure. The Code is subject to a specific publication and published on the website of the Press Council.
It will be the same in the updated Code of Ethics.
Art. 14 Entry into force
The Code comes into force on the day following its approval by the plenary of the Press Council. It will be the same in the updated Code of Ethics.
The Code of Ethics as adopted by the plenary session of 4 December 1995 is repealed.
Part II
Recommendations and guidelines of the Press Council
The law authorizes the Press Council to issue recommendations or guidelines to the attention of journalists and publishers. These guidelines of the Press Council serve to clarify if necessary respectively the interpretation and application of the various sections of the Code of Ethics. These guidelines from the plenary meetings of the Press Council allow this last to ensure the development of the Code, taking into account developments in the legislative, societal and technological.
Ad Art. 5 Respect for others
S.5 a) “The press shall avoid and oppose any discrimination on grounds of sex, race, nationality, language, religion, ideology, ethnicity, culture, class or beliefs, while ensuring respect for human fundamentals of the human person. ”
Directive – The press gives national or ethnic racial, religious a person when this is necessary for understand the facts or where there is a direct link to the information. (Adopted in plenary meeting of 28 March 2006
Ad Art. 7 for obtaining information
S.7 a) “The press agrees to observe professional secrecy which implies the right to protect their sources of information, as defined in the law. She has the right to refuse disclose in the course of an administrative or judicial procedure information identifying a source. ”
Directive – In case of search in a newspaper company or audiovisual making Following a commission or inquiry, the Chairman, or the lack of it a vice-presidents or his duly mandated to assist with the search mission to ensure that the provisions guaranteeing freedom of expression in the media are met. (Adopted in plenary meeting of 28 March 2006)
S.7 c) “Journalists and publishers agree to avoid working under anonymity or use of other illegal and reprehensible methods information, sounds, images or documents. They are committed to engage in the investigation on condition that when the extent of information and warrants that information can not be obtained otherwise.”
Directive – In some cases journalists can use illegal methods to obtain the information they seek: false identity, microphones and cameras hidden inaccuracies in the intentions of the story, shadowing, infiltration. The use of such means must remain exceptional. Journalists will use them when the following conditions are met:
* The information sought is a public interest, for example in when it comes to updating socially reprehensible actions;
* Information can not reasonably be obtained or verified by other means, or they have been used without success;
* Interest to the public outweigh the disadvantages that can be caused to individuals.
The public will be informed of the use of these means. (Adopted in plenary meeting of 28 March 2006)
Ad Art. 9 From the picture, sound and audiovisual
Art.9 d) “The press is committed to prefer the representation of reality in its reconstitution by various devices. Reconstructions of events and housing scene can still be used in journalism to illustrate and support a report, subject to adequately identify and care not mislead the public.”
Directive – Before resorting to staging, journalists assess if it is the best or only way to understand the situation to the public. The public must be informed clearly that it is a reconstruction or a staging. The reconstruction will be limited to reproduce as faithfully as possible the facts, opinions, emotions surrounding the event recreated. When these stagings are designed to give the impression of an event spontaneous, journalists must inform the public of the nature of organized Event. (Adopted in plenary meeting of 28 March 2006)
Ad Art. 12 From the treatment of personal data
“The press is committed to respecting the right of access to personal information each individual, this especially in the case of personal data as defined in the law on data protection. The right of access to personal information shall not, however, never undermine the protection of journalistic sources.”
Directive – It is given to the Complaints Commission of the Press Council’s mission deal with any complaints against a journalist or editor protection of data. Possible intervention of the National Commission for the Protection of data will only alternative in case the decision of the Complaints Commission does not give satisfaction to the applicant. In all cases, the right of access to information can be exercised in the presence of the Chairman of the Press Council or his representative. (Adopted in plenary meeting of 28 March 2006)
The right of access to the data can never be the origin of data. He does not know either be done in order to compromise dissemination of a publication. (Adopted in plenary meeting of 28 March 2006)
Part III
Comments article by article
It is recalled that thereafter any reference to the law of 8 June 2004 on the freedom of expression in the media is designated by the terms “law” provided that there is no ambiguity.
Ad Preamble
Freedom of expression has its roots in all statements and conventions relating to human rights. This freedom must be exercised without restraint, without pressure and without censorship, is one of the essential pillars of any democratic society. Article 24 of the Luxembourg Constitution states: “Freedom to manifest opinions by word of any material, and freedom of the press guarantees, except for the punishment of offenses committed in the exercise of these freedoms. – Censorship can never be established.” The Preamble sets out the national and international legal standards Luxembourg for the existence of this Code of Ethics and conferring its normative force.
Ad Art. 1 Scope
This is a prerequisite for the implementation of the Code of Ethics provided. The definition of a collaborator, editor and journalist is that of the law. “The employee is any person, journalist or not, who with or for account an editor involved in the collection, analysis, commentary and treatment Editorial information. The editor is any natural or legal person who, as principal or regular designs and structure a publication assumes editorship, decides to make available to the general public or categories of public through a medium and ordered to this end its propagation. The journalist is a person who engages principally paid work or exercises as a regular activity generating substantial income, it either as an employee or as an independent, with or on behalf of a editor and is in the collection, analysis, commentary and treatment Editorial information. Is treated as a journalist editor natural person who participates personally and regularly to their collection, analysis, commentary and the editorial processing of information.”
Ad Art. 2 Subject
Freedom entails rights and obligations. The Press Council, in its mission to defend freedom of the press and that granted during the debates Parliamentarians on the Law of 8 June 2004 on the freedom of expression in the media and especially in the motion of 13 May 2004 by the Chamber of Deputies established with this Code of Ethics rules inherent in the operation the press and the exercise of freedom of expression in the media.
Ad Art. 3 From freedom of expression
Section 6 of the Act establishes not only the right to information but also the right to communicate information, to comment and criticize. Freedom of the press is based on the social role assigned to the media and information professionals in a democratic society. This role is search, collect, process, review and disseminate unhindered information public interest necessary for the existence and maintenance of democratic life. The press freedom arises from fundamental freedoms of thought, speech, of expression and opinion recognized in various legal documents, the plan nationally and internationally.
As an extension of the above freedoms, the right to information takes root in recognition of the legitimate interest of the public to be informed. It specifies the conditions for the exercise of a free press in a democratic society, and the prerogatives and responsibilities of those whose primary function is inform. The right to be informed includes the right of the media and journalists to seek and transmit information without hindrance or constraints, and the public’s right to access freely.
For this purpose, it is necessary to recall the main principles set out in the Declaration Universal Declaration of Human Rights and the Convention of the Council of Europe. “All Everyone has the right to freedom of opinion and expression, which includes the right not to freedom to hold opinions without interference and to seek, receive and impart considerations impart information and ideas through any expression whatsoever. “(Article 19 of the Universal Declaration of Human Rights)
“Everyone has the right to freedom of expression. This right includes freedom to hold opinions and freedom to receive and impart information and ideas there can be no interference by public authority and regardless of border. “(Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe)
Ad Art. 4 From the accuracy and truthfulness
a) monitoring the accuracy and veracity of the information is essential to maintaining high standards of professional press. However, when despite reasonable efforts, given the situation, the information remains doubtful, it must be allowed the press to impart information by hand his doubts. It is the commitment to publish only the information that sources are credible and score information from unreliable sources as such.
b) Section 11 of the Act provides that any misrepresentation of fact contained in a publication must be corrected spontaneously when the inaccuracy on the presentation is concerned is established or when the employee concerned or the publisher had knowledge. The Code of Ethics adopted these considerations.
Ad Art. 5 Respect for others
a) This article deals with direct discrimination. Remember about Article II-21 of the draft European Constitution Treaty says: “Is prohibited any discrimination based on sex, race, color, ethnic or social origin, genetic features, language, religion or belief, political or other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. ”
There exist forms of communication, not directly incite discrimination or hatred, can help to create an atmosphere in public negative feelings towards a community. An example drawn from everyday practice is an indication of the color of skin a challenged whenever it is not white. It recommends that the press shows the racial, national or Ethnic a person when this information is necessary to understand the facts or where there is a direct link to the information. It is the same sex, language, culture, social class, disease, physical or mental disability or religious belief, political or ideological person.
b) The press agrees not to defend or glorify acts of violence, brutality or cruelty.
c) Any person, whether public or not known, has a fundamental right to privacy, privacy, dignity and respect for the reputation. The public, its part, the right to be informed about what is in the public interest and the press has a duty the know. Whether in the collection, processing or dissemination of information, media and journalists should exercise caution, discernment and caution. They should worry about actually informing the public, and must be the necessary distinctions between what is public interest and what is the public curiosity. The law about the respect the privacy of the person in Articles 14 15 and a number of conditions that must be observed.
d) The legislature, in various related laws, grants special protection to minors, so as not to jeopardize their social development and family. Journalistic ethics also requires compliance with specific tags in the collection, processing and dissemination of information on minors, specifically regarding their identification.
When the press considers it appropriate to inform the public about legal issues minors, it shall not publish any mention clean to allow identification, whether they are involved as accused, victims or witnesses of traumatic events.
Outside the judicial context, the media and journalists should also be guided in the exercise of their professional responsibilities by the principle of respect the anonymity of youth, including security and development could be compromised. Thus, the press should refrain from giving details that allow the identification of young stigmatized, whether as victims, third innocent or because they live in serious personal difficulties. The law in Articles 18 and 19 on certain provisions of the protection of minors.
e) The Universal Charter of Human Rights because of the presumption of innocence a fundamental right: “Everyone charged with a crime is presumed innocent until proved guilty according to law in a public trial at which all the guarantees necessary for his defense was insured. “The press adheres to this principle without restrictions. The law specifies the obligations of the media in the context of legal proceedings in Articles 12 and 13.
However, sometimes the press of business taking place outside seize judicial proceedings, but within the public interest to know. In this case, the press provides with all the usual recautions to respect the presumption of innocence.
In the absence of legal proceedings, the journalists will be cautious before revealing the identity of suspects, unless the suspicions are the result of a rigorous journalistic work to bring to light socially reprehensible acts.
The distinction between legal and business procedures that take place outside the court to explain the wording: “… and avoid publicly present a person guilty of such facts before any official confirmation. “Instead of usual formulation “… before any final judgment.”
f) The information provided in the media is in the public domain. One can therefore be refer, in reporting the substance or quoted. In terms of information, the work of other media can be useful to journalists. However, the fact that information is disseminated in media does not justify If another media copy or reproduce impunity without mentioning source or without the permission of the author. Not only legislation concerning copyright, neighboring rights and databases that disapproves but it is also a matter of professional ethics.
Ad Art. 6 From independence
Necessary to freedom of opinion and expression is provided independence the press. The last day with reasonable care to prevent itself anything that might call into question its independence. Paragraphs of this section dealing with different scenarios that could compromise their independence.
Ad Art. 7 From secret sources and obtaining information
a) The law provides for the protection of sources in Article 7. However, some cases that have arisen since the entry into force show that protection remains fragile as those concerned did not yet have the experience and necessary routines. After meeting with the State Attorney, the Council of Press plans to instruct its chairman or the lack of it a vice-Presidents or his duly authorized representative with the mission to attend any searches to ensure, at any place, that the protection of journalists’ sources is respected.
b) The press is committed to identifying individuals with sources information and inform, in any given situation, of its intention to communicate to the public the information gathered. This article is intended to alert the people unaccustomed to contact with the press. Individuals must be aware that they are testimonies to a journalist can find their impact to a wide audience.
c) Some codes of conduct are limited to say the ban unfair use ie work under cover for information. If this rule is applicable in most of journalistic work, it can not however be absolute. The scandal of “Watergate,” to take one example most spectacular in the history of journalism, would never come to the public knowledge without the use of non-conventional methods. But in many cases, these practices are necessary for many other subjects such as investigations in the consumer interest (test-purchases, eg). The chosen article thus serves to educate the journalist not to abuse these methods, while leaving him the right to the range of methods when interest public demands. Press inform the public use of these means in accordance with the principle of protection of sources and taking into account the interest of the public to be informed the status of the species.
Ad Art. 8 In the reporting
a) Generally, the rule adopted by this article is the principle of separation of facts and comment. As Luxembourg, the press release is an opinion, limiting the simple recommendation to separate facts and comments do not seem enough. This leads to the conclusion that physical separation between information and comment is necessary, that is to say, should be published two articles distinct.
However, it should be qualified. When the public can distinguish even within a single article, what are the facts on the one hand, and what opinions journalist and the other comments, the rule is supposed respected. In many cases, the formulation of a title, the use of an adjective is already the expression of an opinion, an evaluation of the journalist. Use these means to attract the attention of the public may be in conflict with the rule. And up to the journalist to be aware of.
b) This provision is justified by the fact that more formal sources of companies bring news services providing media press “ready”. So the press is it called to be particularly vigilant to enable the public to distinguish between work journalistic and press others.
c) Respect for the right of moral author implies that the name of the author or have a source of information is reproduced.
Ad Art. 9 From the picture, sound and audiovisual
Ethical rules apply to all media so as to those of image, sound and audiovisual. It is necessary to set some specific rules on the image, due to the opportunities that arise from technical and enable all kinds of manipulation.
Ad Art. 10 Electronic Media and the Internet
The electronic media are a significant and growing importance in the modern information society, so it is worth noting that the code Ethics obviously applies to the disclosure of information by the media.
Ad Art. 11 From the business and financial information
a) The announcements and advertisements must be submitted in such a way that the public can not be confused with journalistic information.
b) The press is free to deal independently of topics such as trade, traders, trading companies, products and services, various new markets. Although in these cases the distinction between information is hidden and difficult to advertising, the press must in any avoid because not encourage the purchase. Comparisons and recommendations for products or services based on However, objective criteria are possible.
c) In the context of this article, it is necessary to refer to the specific provisions the law on market abuse. This component is particularly sensitive, the Press Council will ensure that the provisions in this area, existing or future, are sent to the media concerned.
d) Members of the press should avoid removing, directly or indirectly, an advantage or profits inside information which they may knowledge in the exercise of their profession.
Ad Art. 12 From the treatment of personal data
The Act of 2 August 2002 on the protection of individuals with regard to the processing of personal data information obligations regarding the treatment data produced as part of freedom of expression in Article 9.
It is envisaged to amend the legislation so as to give the Commission the Complaints of the Press Council mission to address any claim of a person Private sue media for data protection. The right Access to information can be exercised only in the presence of the President of Press Council or his representative.
Intervention of the National Commission for Data Protection not will only alternative in case the decision of the Claims Commission does not give satisfaction to the applicant. The right of access to the data can never be the origin of the data. There are will not be in order to affect the diffusion of publication.
Ad Art. 13 Advertising Code of Ethics
The law instructs the Press Council to ensure the publication of the Code of Ethics leaving the choice of means of publication in the Press Council.
Ad Art. 14 Entry into force
This Code repeals and replaces the Code of Ethics adopted by the Assembly plenary of the Press Council of 4 December 1995.
It shall enter into force on the day following its approval by the plenary of the Press Council. It is the same in the updated Code of Ethics. The Press Council recommends seeking the publication of the Code of Ethics in the collection C Memorial because of its importance and references made about him in the basic law. The role and scope of the Code of Conduct set out in particular the adoption the motion of May 13, 2004 by the Chamber of Deputies.
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Sources used in the development of the Code of Ethics and comments: Relevant legislation, codes of ethics and the recommendations of the press councils respectively federations of journalists from the following countries: Germany, Belgium, Canada, Denmark, Finland, France, Sweden, Switzerland, (Quebec), United Kingdom as well as that of International Federation of Newspaper Publishers (FIEJ), the declaration of rights and duties of journalists from the International Federation of Journalists (IFJ).