Stories about crime where children are involved should never be told with the children’s identities revealed. This is because identifying children in such stories places them at potential for harm. When the media compromise any child’s safety or well-being, Media Monitoring Africa (MMA) frowns as children should be protected from harm, even potential harm at all times in media coverage. It is for this reason that we give Daily News a MAD[1] for publishing an article in which a child victim of and witness to a crime was identified.
“Two more suspects arrested for 2019 murder of businessman” (19/06/2020) reports about suspects having been apprehended in a case where a businessman was murdered in 2019. The story, which appeared on the IOL website reports that the man was shot and killed outside his home in the presence of his three-year-old granddaughter with whom he had been driving. According to the story, the man had an attempt made on his life the week before he was finally killed. The story also reports that the deceased had shielded the child from the bullets with his body. Both the murdered man and his grandchild are named and a photograph of the two of them sitting on a couch accompanies the story.
By identifying the child directly and otherwise, Daily News has acted unethically and illegally! Unethically because the Press Code of Ethics and Conduct for South African Print and Online Media has been violated and, illegally because the Criminal Procedure Act has been flouted.
Section 154 (3) of the Criminal Procedure Act advises against identifying such children. The Section now states as ruled by the Supreme Court of Appeal in 2018, “No person shall publish in any manner whatever information which reveals or may reveal the identity of an accused under the age of 18 years or of a victim or of a witness at criminal proceedings who is under the age of 18 years.”
Furthermore, Clause 8.1 of the Press Code of Ethics and Conduct for South African Print and Online Media explicitly urges the media to “exercise exceptional care and consideration when reporting about children.” The Section of the Code goes on to state, “If there is any chance that coverage might cause harm of any kind to a child, he or she shall not be interviewed, photographed or identified without the consent of a legal guardian or of a similarly responsible adult and the child (taking into consideration the evolving capacity of the child); and a public interest is evident.”
The article does not indicate whether fully informed consent was obtained from anyone to identify the child. MMA argues though that even where consent is obtained, the media should exercise its duty of acting in the child’s best interest by protecting the child. This includes not identifying the child even where the parents or guardians have given permission. The child’s best interest principle is enshrined in Section 28.2 of the South African Bill of Rights.
Additionally, there is no clear or obvious public interest in knowing the identity of the child in this story.
MMA urges Daily News to always exercise caution when reporting crime stories involving children and to not identify the children as doing so subjects the children to potential harm such as being harmed to be kept from testifying or identifying the perpetrators.
We kindly request Daily News to withdraw the identity of the child and her grandfather from the website as having even just the deceased’s identity revealed indirectly identifies the child. We further ask that an explanation is given to readers as to why the decision to withdraw the identity was taken.
MMA looks forward to reading more ethically and legally reported stories on children by Daily News.
By Lister Namumba
[1] A MAD is given to media for an article that compromises children’s safety and well-being.
UPDATE: The child’s identity was withdrawn from this article after engagement with Daily News.