6E Programmes Involving Under 18s : Ofcom Broadcasting Code
Consent
- If a programme contributor is under 16, in addition to that of the child, consent to take part should be obtained from his/her parents or guardians, or other person aged eighteen or over with legal responsibility for the young person. Ideally, both parents' consents should be sought for the child's contribution. However, this will not always be possible or practicable. If a young person's parents are divorced or separated, parental consent should, in the first instance, be sought from the parent the child resides with and who has ‘parental responsibility'. As to whether or not consent should be sought from the other parent as well, seek advice from the programme lawyer.
- Where a contributor is 16 or 17, it may still be appropriate to seek parental consent, depending on the particular circumstances. If in doubt, seek advice.
- There may be occasions where parental consent for a child's contribution is deemed unnecessary e.g. a vox pop situation, where the subject matter is uncontroversial and is not of a sensitive nature. The age and understanding of the child, the subject matter of the programme and the nature of the child's participation will all be relevant when deciding whether parental consent
is necessary. - If filming in a school, consent should be obtained from the Head Teacher, who may also require you to inform all parents that filming is taking place. Specific consent is likely to be necessary from the parents of the principal children featured on camera, particularly those who actively participate in filming.
- In certain circumstances, in addition to parental consent, a Local Authority licence may be required before a child can take part in a programme during term time. If a child's role in a film is to perform e.g. in an entertainment capacity, a "licence to perform" may be required. This is obtained from the relevant Local Authority if the child is under the upper age limit of compulsory school attendance. This relates primarily to child actors in long-running shows or series and not to appearances within one-off documentaries. If in doubt about whether such a licence is required, seek advice from the programme lawyer.
- See Chapter 4D, Privacy - ‘The Involvement of Under 18s in Programmes Generally'
- See Chapter 6E, ‘Child Performance Licences.'
Treatment of Under 18s
- Due care must be taken with regard to the physical and emotional welfare and the dignity of people under 18 who take part in or are otherwise referred to in programmes, regardless of any consent given by the participant or by a parent or guardian.
- Under 18s must not be caused unnecessary distress or anxiety by their involvement in programmes or by the broadcast of those programmes. They must never be put at physical or moral risk e.g. in factual programmes concerning criminal activity.
- Under 16s should not be asked for views on matters likely to be beyond their comprehension or capacity to answer properly without the consent of an appropriate adult.
- Other regulatory requirements relating to the fair treatment of contributors generally will also apply to Under 18s, e.g. Under 18s should take part in programmes on the basis of their informed consent; interviews must be edited fairly; rules on payments must be complied with.
- Whenever Under 18s are interviewed in sensitive situations or take part in programmes of a controversial or sensitive nature, advice must be sought in advance from your programme lawyer so that appropriate safeguards can be put in place. In certain situations it may be necessary for child contributors to be accompanied by a parent/guardian or chaperone.
- Ofcom has published its own guidance to broadcasters in relation to the participation of under 18s within programmes. See ‘Ofcom Guidance on the Participation of Under 18s in Programmes", Chapter 4D.
- See Chapter 4C, Fairness - ‘Fairness & Contributors'
- See Chapter 4D, Privacy - ‘Privacy & Contributors'
Competitions Involving under 18s
Fairness & Privacy
- As with any other contributor, programmes must avoid the unfair treatment of Under 18s and any infringement of privacy must be warranted.
- Particular attention must be paid to the privacy rights of those under 16. They do not forfeit their right to privacy simply because, for example, of the fame or notoriety of their parents.
- See Chapter 4C, Fairness
- See Chapter 4D, Privacy