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Editorial Guidelines issues

This guidance note relates to the following Editorial Guidelines:

• Accuracy
  See Editorial Guidelines Section 3 Accuracy
• Impartiality
  See Editorial Guidelines Section 4 Impartiality
• Harm and Offence
  See Editorial Guidelines Section 5 Harm and Offence
• Fairness to Contributors and Consent
  See Editorial Guidelines Section 6 Fairness to Contributors and Consent
• Privacy
  See Editorial Guidelines Section 7 Privacy
• Reporting Crime and Anti-social behaviour
  See Editorial Guidelines Section 8 Reporting Crime and Anti-social behaviour
• Politics, Public Policy & Polls
  See Editorial Guidelines Section 10 Politics, Public Policy & Polls
• Religious Content
  See Editorial Guidelines Section 12 Religious Content
• Re-use, Reversioning and Permanent Availability
  See Editorial Guidelines Section 13 Re-use, Reversioning and Permanent Availability
• Independence from External Interests
  See Editorial Guidelines Section 14 Independence from External Interests: Product Prominence
• The Law
  See Editorial Guidelines Section 18 The Law 

Key points

• What does the image represent in the context in which it is being used?  When and where the image was taken may be a relevant factor.  Who or what is featured or identifiable?
• Who is the image of and is their age and/or vulnerability an issue? The issue of consent may need to be considered. Sometimes an image can identify someone e.g. a car number plate or the inside/outside of a person’s home.
• Consider when to anonymise an image – reasons for this could vary from someone being vulnerable to avoiding a contempt of court.
• Images can be very powerful and consideration should be given to harm and offence in relation to audience expectation – however, we may choose to use a still image instead of moving footage as a way of reducing the likelihood of causing offence.
• A revealing image could raise privacy issues where there is a legitimate expectation of privacy. This is both an editorial and legal consideration.
• Sensitivity surrounding the use of an image should be taken into account. In particular in relation to religion and minority groups. Care should be taken not to reinforce stereotypes.
• Product prominence will apply to images and stills in the usual course of how this restriction operates.
• Images and their use sometimes raise legal issues; defamation, contempt of court, copyright and/or privacy. The relevant ³ÉÈËÂÛ̳ lawyer should be consulted. Images of ³ÉÈËÂÛ̳ presenters and contributors should show them complying with relevant health and safety requirements, e.g. wearing a seat belt.
• When considering what pictures to send to the press, for marketing or promotion purposes, we should consider the various ways the media can utilise the pictures and the fact that they may be viewable at any time. We should bear in mind that the context of the image will be lacking - if it is a powerful image, the impact can be greater.
• Legal issues regarding images should be referred to the relevant ³ÉÈËÂÛ̳ legal department. 

Guidance in full

• Introduction
• Accuracy and Impartiality
• Fairness to Contributors and Consent and Privacy
• Reporting Crime and Anti-Social behaviour
• Harm and Offence
• Tragic Events
• Political, Religious and topical sensitivities
• Editorial Integrity, Re-use and Reversioning
• The Law

Introduction

Images should be appropriate for all audiences and suitable for display both within ³ÉÈËÂÛ̳ environments and on any platforms (broadcast, print and digital) where ³ÉÈËÂÛ̳ content may appear. Images should maintain the integrity of the ³ÉÈËÂÛ̳, its programmes, and any talent or contributors appearing in them.

Accuracy and Impartiality

• Care should be taken not to use images to mislead the audience.
• Any digital manipulation, including the use of CGI or other production techniques (such as Photoshop) to create or enhance scenes or characters, should not distort the meaning of events, alter the impact of genuine material or otherwise seriously mislead our audiences. Care should be taken to ensure that images of a real event reflect the event accurately.
• Any proposal to substantially change an image of a presenter through digitally manipulation must be approved by the relevant senior editorial figure.
• Sets of images that represent a programme which requires the audience to vote should include every eligible contestant/organisation or none at all. The ³ÉÈËÂÛ̳ should not be seen to endorse one competitor over another over the course of a campaign.
• Images representing an international sporting event such as Six Nations Rugby or the Cricket World Cup should be mindful of all UK teams involved.
• Images representing an investigative report about products, companies or services should be selected with special care and in conjunction with the programme producer or Programme Legal Advice where appropriate. For example if the report is about a particular product, e.g. ‘x’ brand of organic milk, then it is appropriate to show that product in isolation and not in juxtaposition with other similar products. If the report is about organic milk, then it is more appropriate to show a collection of organic milk rather than single one out.
• Care should be taken to place the Union flag in situ the right way up.
• It is normal practice for those working in press and publicity departments,  when supplying archive material, to indicate relevant archive information e.g. date of first transmission. 

Fairness to Contributors and Consent and Privacy

• Clear consent must be obtained from vulnerable contributors. If images are re-used after a publicity campaign, consent should be re-visited via the relevant programme producer or contributor.
• Images should not contain children or young people in inappropriate situations unless there is editorial justification.
• Care should be taken over identifying features such as house numbers or car number plates.
• Written permission must be gained from actors who are depicted in a state of nudity. Careful editorial consideration must be made before releasing any images of actors in a state of nudity.
• Care should be taken not to undermine the reputations of contributors.
• Contributors who need to be anonymous in the programme must remain anonymous in the images. The programme producer should be consulted before any such images are released.
• Consideration needs to be given whether the subject matter has a legitimate expectation of privacy in the circumstances. An image even if taken in a public place may be private. What the person is doing, where they are photographed and their age will be factors requiring consideration.
• When people working in press, publicity or promotion departments are considering which images to use to market ³ÉÈËÂÛ̳ output, they should normally speak to the producer of the programme when there may be sensitivity due to the subject matter in relation to consent  e.g. inmates in prison, patients in hospital, people in distress. 

Reporting Crime and Anti-social behaviour

• Care should be taken when selecting images showing contributors using illegal substances e.g. smoking cannabis which can result in criminal investigation for the contributors. 

Harm and Offence

All images must comply with ³ÉÈËÂÛ̳’s Editorial Guidelines on Harm and Offence.

(See Editorial Guidelines Section 5 Harm and Offence)

Where our content relates to a subject that is potentially shocking or offensive, using a still image rather than moving footage may reduce the likelihood of causing offence. 

However, images should not normally feature the following:

• Graphic violence, torture, or any extreme violent behaviour.
• Gratuitous nudity or graphic/extreme sexual acts.
• Images depicting children (under the age of sixteen) in a sexual context.
• Explicit drug use.
• Self-harm, suicide, or attempted suicide.
• Hangings or other forms of execution. 

Any proposal to feature any of these acts should be discussed with Editorial Policy.

Images featuring the following should be selected with special care and with editorial justification.

• Images showing adult behaviours such as smoking, drinking, gambling and drug use.
• Images that may be seen to be encouraging or glamorising harmful or illegal behaviours.
• Images that reinforce prejudicial perspectives or depict groups in stereotypical ways.
• Images containing; knives, guns, or weaponry of any kind. Particular care must be taken when picturing the use of weapons. Images in particular showing the use of a gun or knife must be edited carefully.
• Images portraying dead or dying humans.
• Images showing scenes of physical abuse.
• Images showing hypnotism.
• Images that could be offensive to ethnic, religious or minority groups.
• Images that could be offensive to those with disabilities or mental health conditions.
• Images featuring activities or stunts that could cause children or young people to imitate dangerous behaviour.
• Juxtaposition of images should be considered particularly with iPlayer in the scroll bar.

Tragic Events 

• Image selectors should be aware of events that may cause distress to some users. Special care should be taken when selecting images of significant events outside a news context.
• When the aftermath of a tragic event requires scheduling changes in television and radio, we should consider whether associated images are still appropriate for release and, where necessary, withdraw inappropriate images already released to avoid offence.
• May raise privacy issues as well (see above). 

Political, Religious and topical sensitivities

We should be mindful of religious sensibilities when choosing still images. 

• Due care and consideration must be made regarding the use of religious symbols in images which may cause offence. Many Muslims regard any depiction of the Prophet Muhammad as highly offensive. We must have strong editorial justification for publishing any depiction of the Prophet Muhammad. Any proposal to include a depiction of the Prophet Muhammad in our content must be referred to a senior editorial figure, who should normally consult Editorial Policy.
• There also should be an awareness of religious sensitivities about smoking, drinking and certain foods.
• Choice of images must reflect awareness of political sensitivities in the Nations and Regions. In particular the choice of colours and symbols such as:
• - Prominence of the colours Green and Orange (Northern Ireland/ Scotland (West).
• - Combination of the following colours: Red/White/Blue, Green/White/Yellow and Green/White/Orange (Northern Ireland).
• - Visibility of shamrocks, flags or political banners (Northern Ireland).
• - Depiction of the four Nations in a map form must be geographically accurate.

Editorial Integrity, Re-use and Reversioning

• In line with the Editorial Guidelines for product placement, we must never represent a product or service in images in return for cash, services or any consideration in kind on Public Services.
• In images, we should take care to ensure no branded product of service is given undue prominence. It may be appropriate to remove any branding off the products in question i.e. clothes, food and bottle labels.
• Due care should be exercised with images of sports personalities who have endorsement deals. Such images should be presented to ensure that the ³ÉÈËÂÛ̳ is not seen to be capitalising on this endorsement.
• The ³ÉÈËÂÛ̳’s press, publicity and marketing departments should normally refuse requests from third party, locations, charities and agents when it is deemed that the request for the material is to use the ³ÉÈËÂÛ̳ to endorse the third party. However a distinction should be made when the request is being made for a personal record of a factual event or for a non-promotional reason. 

The Law

Images should comply with ³ÉÈËÂÛ̳ legal requirements. Particular care should be taken with: 

• Images that have the potential to be defamatory. These should be checked with Programme Legal Advice before being used, or should not be selected at all.
• Captions that accompany images must be factually correct. It is possible to defame people by juxtaposition of words and pictures.
• Careful consideration regarding captioning should also be made for images representing undercover documentaries and current affairs, or when children are involved. Surnames are generally avoided. The programme producer should be consulted about the appropriate level of information.
• Images relating to potential legal issues or court cases must be treated with great care. The programme producer and, where appropriate Programme Legal Advice, should be consulted. If images showing a contributor who is subject to a court hearing are released, the ³ÉÈËÂÛ̳ could be held in contempt of court. Such images as these should be withdrawn from public access.
• Careful consideration should be given to who is the copyright holder in the image. Often, it will be the photographer.

The person featured in a photograph may have a legitimate expectation of privacy in the circumstances. Where there is doubt about this, Programme Legal Advice should be consulted.

Last updated July 2019

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