WORKING WITH THE MEDIA: AN OVERVIEW
The media can provide valuable publicity for organisations working with children and young people. But working with the press doesn't always go smoothly and numerous legal issues can crop up.
Take The Children's Society. Last year the Independent on Sunday used one of its photos for a feature on antisocial behaviour. The paper published a picture taken a number of years ago, which featured a child actor posing for a publicity shot for the charity.
However, when the picture appeared without clearly stating he was posing as a model the actor, Harry Capehorn, sued for libel and was awarded undisclosed damages after arguing that it implied he was the real-life subject of an antisocial behaviour order.
This example shows just how careful journalists and organisations in the sector need to be when dealing with publicity. As well as issues surrounding photography, key danger areas include privacy, data protection and court orders banning identification of certain children and young people.
Given this array of potential legal problems, it is perhaps unsurprising that so many organisations are wary of the media. But, according to PR experts such as Julia Pittman, an account manager at Third Sector PR, if you have the right procedures, you needn't be over cautious. Her clients include disabled children's charity Contact a Family and Make a Wish Foundation. She says: "If the organisation has an understanding of how the media operates and is aware there could be a hidden agenda, then you can get a lot of positive stories out there, give a voice to children and help everyone's under-standing of the issues that affect them."
This brief guide sets out key areas that organisations working with children and young people should be aware of when working with the media.
GAINING CONSENT
When it comes to involving children under the age of 16 with the media, permission from their parents or guardian is important. But it is not always essential.
The Press Complaints Commission's code of conduct, which journalists should adhere to, states: "A child under 16 must not be interviewed or photographed on issues involving their own or another child's welfare unless a custodial parent or similarly responsible adult consents."
Jonathan Crusher, a partner in the media team at legal firm Farrer & Co, further recommends gaining parental consent because of Article 8 of the Human Rights Act, which enshrines people's right to privacy, and the Data Protection Act, which safeguards personal data.
Media lawyers and PR professionals advise that any permission to interview or photograph a child is gained in writing and stored indefinitely. However, The Children's Society says that if parental consent is refused and the child still wants to speak to the media, every effort should still be made to give them a voice.
The charity did this with a Channel 4 Dispatches programme about runaways, in which a 15-year-old boy wanted to be interviewed even though his parents had not given their consent.
Tim Linehan, the charity's assistant director of campaigns and media, explains that media lawyers were consulted and said that in this case the boy had the power to override his parents.
WHEN NOT TO IDENTIFY A CHILD
There are a number of cases where it may be illegal for the media to identify a child, particularly when they are involved in court proceedings, such as family courts and criminal cases.
Although in such cases a criminal prosecution is likely to be taken against the media involved as publishers of the story, lawyers warn there is a possibility of civil action being taken against a children's or young people's organisation by the child or parents if it is felt they have acted irresponsibly during the process. There are three key danger scenarios to watch out for:
1. Criminal court proceedings
Section 39 of the Children and Young Persons Act 1933 gives adult courts the power to ban the media from identifying any child or young person under 18 involved in proceedings, and bans any details that may lead to the child's identification. Section 49 puts in place the same power to ban identification in the media of children and young people involved in youth court proceedings.
2. Adoption cases
Section 69 of the Magistrates Act 1980 bans the media from being present during family proceedings in a magistrates court when cases under the Adoption and Children Act 2002 are being heard.
3. Sexual offences cases
The Sexual Offences (Amendment) Act 1992 puts a lifetime ban on the media identifying any victim of an alleged offence from the point the complaint is made. The Press Complaints Commission's code of conduct adds that the media should also avoid identification of children when they are witnesses in such cases saying: "The press must not, even if legally free to do so, identify children under 16 who are victims or witnesses in cases involving sex offences."
GOOD COVERAGE
Solihull Metropolitan Borough Council's PR team has developed a protocol to help schools get positive coverage while adhering to media law and protecting pupils' welfare.
The protocol uses checklists, case studies and "what if" scenarios to set out useful advice surrounding issues schools may face when contact is made with the media. This includes a checklist of what to do if a TV documentary crew approaches the school. Other areas covered include photography and gaining permission from parents.
The protocol was recently used to gain good coverage of the opening of a new site to co-locate Forest Oak and Merstone schools in spring 2006, the first to open under the government's Building Schools for the Future programme.
Using the protocol, and further advice from the PR team, the schools developed a system where parents were asked to opt their children out of coverage as the media was more likely to use group shots or footage of children. In addition, those taking photographs were asked to airbrush out name badges to avoid naming children.
After the coverage parents were sent cuttings and publicity photographs taken by the council as a token of appreciation. In addition, all records of permission were stored. Steve Heywood, senior communications officer at Solihull Council, says: "By developing a workable system and communicating it well the school can be confident they comply with legal requirements."
PHOTOGRAPHY
PR professionals and media lawyers advise that parental consent is given before taking photographs of children in an organisation's care or on its premises.
The Press Complaints Commission's code of conduct backs this up in relation to schools, stating: "Pupils must not be approached or photographed at school without the permission of the school authorities."
Jonathan Crusher, a partner in the media team at legal firm Farrer & Co, advises that an organisation makes it clear to parents and children at the start of term, or when they get involved with the organisation, that the media and photographers might be invited to cover events, offering them the chance to opt their child out of media coverage.
The National Autistic Society, for example, seeks permission in writing from parents of any child or young person under 18 at the start of term, or when they join one of their services, and reminds them that they can still opt out ahead of each media opportunity.
Benet Middleton, the charity's director of communications, says it also makes sure that children feel part of the process by making them "aware of what the photo or interview will entail".
HOW TO TACKLE PUBLICITY
Westminster City Council became the centre of a media scrum earlier this year following the case of a four-year-old London girl with cerebral palsy who was tortured by her parents.
After the court case, in which the parents were sentenced to a total of 22 years, it emerged that Westminster Local Safeguarding Children Board had made mistakes in allowing the girl to be returned to the family.
Although the city council was just one partner in the board, the local authority became the focus of media attention and its PR team began co-ordinating a communications strategy even before the court case.
Paul Marinko, a senior communications officer at the council who was part of the media team involved in the story, says the strategy included developing key messages such as to be "honest and open as possible, admit mistakes had been made, but move the story on and emphasise what we had done to ensure this situation was handled better in the future".
In addition, just one main spokesperson was used - director of children's services Julie Jones - and she was booked into a local hotel to ensure she was available quickly for interviews. "This ensured the message was clear, gave the organisation a face, and ensured her responses got stronger each time," explains Marinko.
