Channel 4 Appendices

7C Channel 4 : Rules of Practice and Procedure for Secret Filming and Recording for Channel 4 Programmes

 

Introduction

Surreptitious, or secret, filming and recording are powerful journalistic tools. Material obtained covertly may be the only independent account of the wrongdoing it captures. Secretly filmed or recorded exposés have led to the revision of working practices, changes in the law, the closure of institutions and have even sent criminals to prison. Advances in technology have enabled a degree of infiltration previously unheard of.

 

As a powerful tool which is capable of invading individuals' privacy secret filming must be handled with due responsibility. Covert filming and recording is not just another programme technique and must be handled in accordance with best journalistic practice. Law-abiding individuals who have done nothing wrong are entitled to have their privacy respected. The right to privacy can only be overridden where the public interest outweighs it and any infringement of privacy must be warranted and proportionate.

 

Channel 4 has drawn up these rules of practice to ensure that the secret filming and recording carried out on our programmes is in accordance with the Ofcom Broadcasting Code ("the Code") and in order to maintain the highest journalistic standards.

 

After transmission of a programme, footage obtained covertly may become evidence in a criminal prosecution, in a libel or privacy action or in an Ofcom investigation. The way in which the footage is obtained must not, therefore, be open to criticism as to its authenticity or for the methods used to obtain it. In addition, Channel 4's reputation depends on its viewers being able to trust that what they see is true and justified.

 

This document must be copied to all members of your production team and it is the responsibility of the executive producer and the producer to ensure that its provisions are carefully read, understood and followed by all team members.

 

This document refers throughout to secret filming but the rules apply equally to secret audio recording for the purpose of broadcast. Secret filming covers not just the use of covert camera technology but also certain situations where the subject does not realise they are being filmed, including when they may believe the camera is switched off.

 

The Code defines "surreptitious filming or recording" as follows:

 

"Surreptitious filming or recording includes the use of long lenses or recording devices, as well as leaving an unattended camera or recording device on private property without the full and informed consent of the occupiers or their agent. It may also include recording telephone conversations without the knowledge of the other party, or deliberately continuing a recording when the other party thinks that it has come to an end."

 

Procedure before undertaking secret filming

Secret filming requires careful consideration and must be approved by Channel 4 in advance and in writing before the filming/recording is carried out (Stage I) and before it is broadcast (Stage II). This requirement will only be waived in exceptional circumstances. Please tell Channel 4 in good time of any plans to film secretly, preferably at least three working days in advance, so that the approval process is not delayed. Last minute requests run the risk of being rejected if there is no good reason for the delay in submitting them.

 

You should take the following steps: -


An outline pro forma Stage I application which you should follow and complete is attached. Each new request should be numbered sequentially.

 

You must notify Channel 4 in writing, beforehand if possible, of each new secretly filmed encounter even if it is already covered by an existing secret filming approval. 

 

Procedure for obtaining approval at Channel 4



Responsibilities of the producer once secret filming has been approved by Channel 4


Channel 4 may wish to see rushes and/or accurate transcripts at any time during production, before transmission and after transmission, in the event of any legal or regulatory issue arising.

Original secretly filmed rushes and the logging system must be preserved for at least eighteen months from the date of the programme's transmission or longer if required by Channel 4.



Rules of conduct for secret camera operators


No one should ever feel under pressure to "get the story". We would rather not broadcast at all than broadcast something that is untrue.

 

Supervision of secret filming by the producer


These must be sent to the Commissioning Editor and Channel 4 lawyer.


In the event that the journalistic purpose might involve the technical commission of a criminal offence, albeit without criminal intent, early advice should be obtained from the Channel 4 Legal and Compliance Department on the specific procedures, which should be followed. A clear public interest case will have to be made out. The physical evidence obtained may well form the basis of a subsequent prosecution of the individuals whose criminality has been exposed and will need to be the subject of an appropriate protocol to ensure its integrity is preserved as far as reasonably possible.

 

Undercover in an organisation or company



Procedure for approval of the secret filming before transmission

A pro-forma Stage II application is attached.

 

After transmission


Secret filming can be unpredictable with situations arising that need urgent attention. It is essential you maintain regular contact with your Commissioning Editor and feel free to call however trivial the question may seem at the time. If you are in any doubt about anything in this document or require advice please contact your Commissioning Editor
or Channel 4 lawyer, as appropriate.

 

Please also see the Current Affairs Rules and Procedures for Best Practice and Compliance - available from the Legal & Compliance Department on 020 7306 8496 or Current Affairs on 020 7306 5359.

 

If you need urgent legal advice out of office hours a member of the Legal & Compliance Department is always available on a mobile- contact the Viewer Enquiries Department on the Channel 4 main number for the duty lawyer details or call the Legal & Compliance Department on 020 7306 8496 to have your details added to the duty lawyer memo.

 

Legal & Compliance Department

November 2005

 

STAGE I PROFORMA

(To be typed on production company notepaper)

To: [Commissioning Editor]

Channel 4 Television

124 Horseferry Road

London

SW1P 2TX 

Cc: Controller of Legal & Compliance, Legal and Compliance Department, Channel 4

[Programme Lawyer, if not Controller], Legal and Compliance Department, Channel 4

[Programme Title]

Application for Stage 1

Secret Filming and/or Recording Permission

under Section 8.13 Ofcom Broadcasting Code

Date of application: [Insert date]

Number of application: [Insert sequential number for your project]

Subject(s): [Insert name of individual(s) or organisation(s) to be secretly filmed or recorded including their address, if known]

Background: [Details of the investigation (e.g.) An investigation to examine how staff at a funeral parlour are disrespectful to bodies placed in their care]

Evidence for concern: [Details of past abuses or cause of concern (e.g.) evidence from former employees; concerns raised by relatives; published reports of industry regulator in which the company is criticised]

Your plans: [include any cover story (e.g.) to send a member of the production team undercover to work as a trainee funeral director. This includes his first interview, formal company training in the handling of bodies and on the job training and practice]

Why covert filming/recording is necessary to the credibility and authenticity of the programme: [Explain why evidence could not be gathered by conventional methods]

Why story is of itself of important public interest: [Set out reasons

Proposed date(s) of filming/recording: [Insert date(s)]

Proposed likely venue(s) for secret filming/recording: [Insert venue(s)] 

Signed

Print your name

Title (e.g. Producer)

Date

 

STAGE II PROFORMA

CHANNEL 4 MEMO

To: Dorothy Byrne, Head of News & Current Affairs

From: Commissioning Editor

Cc: Jan Tomalin, Controller of Legal & Compliance

[Programme Lawyer, if not Jan], Legal and Compliance Department, Channel 4

[Programme Title]

Application for Stage II
Secret Filming and/or Recording Permission

under Section 8.13 and 8.14 of the Ofcom Broadcasting Code

Background: [Brief description of the investigation/purpose of the film and the issues for concern or being addressed. Indicate who the film maker(s) are and name the Producer/Executive Producer and their experience]

Material to be broadcast: [State who carried out the secret filming, the dates during which filming took place, and what the footage reveals (e.g. Unhygienic food handling practices, including not washing hands after using the toilet and sneezing over food preparation surfaces)].

The section 8.13 test: [You will need to show that the secret filming was warranted, which must include: 1) Why the filming was done in the public interest - i.e. what is the public interest element? 2) Why the filming was necessary to the credibility and authenticity of the programme; 3) Whether further material evidence (additional to that obtained prior to the Stage I application) was obtained.]

Right of reply: [If applicable, you should indicate whether any parties filmed for the programme were given an opportunity for a right of reply, and if so, how any such replies will be dealt with in the programme. If any injunction proceedings have been issued as a result of giving a right of reply, then include the status of those proceedings.]

Privacy issues: [If there are any issues regarding privacy, such as concealing identities of subjects, then please indicate briefly why and how this will be achieved.]

Signed ____________

Print your name ________________

Title ______________

Date ____________