Charter of Duties of Journalists 

INTRODUCTION

The journalist's job is inspired by principles of freedom of information and of opinion, it is confirmed by the Italian Constitution and governed by the second article of the Italian law n. 1969 dated 3 February 1963.

"Freedom of information and of expression are insuppressible rights of all journalists, they are limited by the observance of the rules of law and suggested to the protection of other people's personality, they always follow all duties set by loyalty and good faith, the respect of the truth of facts is an inalianable duty. All news, that is inexact must be rectified, and eventual mistakes must be corrected. Journalists and publishers are obliged to respect the professional secrecy of the sources of a piece of information when it is required by their fiduciary character; they have to promote the spirit of collaboration between colleagues, cooperation between journalists and publishers, and trust in the press and in readers."

The relationship of trust between information organs and people is the foundation for every journalists' job. To promote and maintain of this relationship all Italian journalists undersign the following Ethic Code (Carta de Doveri).

PRINCIPLES

A journalist has to respect, cultivate and defend the right to information of all people; for these reasons he researches and diffuses every piece of information that he considers of public interest in observance of truth and with a wide accuracy of it.

A journalist researches and spreads news of public interest in spite of the obstacles which can arise in his work; he makes every effort to guarantee people knowledge and control of all public documents.

A journalist's responsibility towards people always prevails over any other thing. A journalist can never subordinate his responsibility to other people's interest and particularly to the publishers' interest, government's interest or the interst of the other organizations of the state.

A journalist has to respect people, their dignity and right to secrecy and never discriminate against anyone due to his race, his religion, his sex, his mental and physical condition, his political views.

A journalist rectifies, speedily and with accuracy, his mistakes or his imprecisions in conformity with the duty to rectify as established by law, he favours his possibility of rectify.

A journalist always respects the right of presumption of innocence.

A journalist has to observe professional secrecy when it is required by the fiduciary character of his sources. In any other cases a journalist has to respect the transparency of the sources.

A journalist may not belong to secret associations orthose in any way contrary to the eighteenth article of the Italian Constitution.

A journalist cannot accept benefits, favours or tasks that impair his autonomy and his professional credibility. A journalist cannot omit facts or details essential for a complete reconstruction of events. Titles, summaries, photos and subtitles must not either distort reality or forge the contents of all articles and news.

A journalist must not publish images and photos of people involved in daily episodes which are particularly terrifying or prejudical to people's dignity, nor may he dwell upon details of violence or brutality unless for a preminent reason of social interest. He may not intervene in reality to create artificial images.

Comments, opinions belong to the right of speech and of criticism and, therefore, they have to be absolutely free from any obligation, except for the constraint set by law against offence, dematory and violence of people.

DUTIES

A journalist's responsibility

A journalist is responsible for his job towards people, he has to respect their dialogue with ombudsman. He has to create idoneus instruments (reader's guarantee, pages for readers, spaces for reply etc.), giving a wide diffusion to their activity.

A journalist only accepts suggestions and instructions from the editorial hierarchy of his newspaper, as long as the dispositions are not against the professional law, against the national Italian journalist's work contract (CNLG) and the Ethic Code (Carta dei Doveri).

A journalist cannot discriminate against people on grounds of race, religion, mental and physical conditions or political opinions.

Circumstances that are not extenuating, references that are not insulting or denigratory concerning people and their privacy are only accepted when they are relevant to the public interest.

A journalist respects the right of secrecy of every person and he may not publish news about someone's private life, unless they are transparent and relevant to the public interest, however, he must always make known his own identity and profession when he gathers such news.

The names of the relatives of people involved in such daily events cannot be published unless they are relevant public's interest; they can be neither made known in case of danger to people's safety, nor can they publish other elements, that can expose people's identity (photos, images).

The names of victims of sexual violence can be neither published, nor can a journalist give details that can lead to their identification unless it is required by the victims themselves for relevant general interest.

A journalist has to proceed with great caution when publishing names or elements that can lead to the identification of members of a legal team or of the police, when they ma provoke the risk of incolumnity for themselves or their families.

Rectification and reply

A journalist respects the inviolable right to the rectification of incorrect news or news that are wrongly considered prejudical to people's interests.

A journalist makes rectification, therefore, with timeliness and appropriate emphasis, also in case of a lack of a specific requirement of all news that, after their wide diffusion (spreading), seem to be incorrect or erroneous, especially when the mistakes can damage people, organizations, categories, associations and communities.

If a journalist accuses people, he may not spread news damaging a person's reputation or a person's dignity without giving the opportunity of reply to the accused people. If this is impossible (because the person cannot be found or declines reply) he has to inform the readers and the public. In any case, before publishing a piece of news concerning the pronouncements, he has to control if the charged person is aware of it.

Presumption of innocence

In all legal processes and investigations, a journalist has always to remember that every person accused of an offence is innocent until the final judgement. He may not spread news in order to present him as a guilty person when he has not been judged guilty in such a legal process.

A journalist may not publish images that present deliberately or artificially as offenders people who have not been judged guilty in a legal proceedings.

In case of the accused's acquittal a journalist has always to give an appropriate journalistic emphasis to the piece of news, also referring to all news and articles previously published.

Sources

A journalist has to observe the maximum caution in spreading news, names and images of accused people for minor offences leading to mild punishments, except in cases of particular social interest.

A journalist must check all information obtained by his sources, he must accept responsibility for and control the origins of what he says, he must always safeguard the substantial truth of facts.

In cases in which the sources require secrecy, a journalist has to respect the professional secrecy and has to be able to inform the reader of such circumstance.

In any other case a journalist must always respect the principle of more transparency of the sources of information, giving the readers or the audience the maximum possible attention to them. The fulfilment of an obligation to the quotation of a source is particularly important when a journalist uses a piece of news from a press agency or from any other source of information, unless the piece of news is not correct or widely spread with own means, or unless it is modified regarding the meaning and the content.

In all other cases a journalist accept conditioning derived from the sources for the publication or the abolition of a piece of information.

Information and advertising

All people have the right to receive correct information, always distinct from an advertising message and not prejudicial to anyone's interests. The advertising message must always be distinct from journalistic documents through clear indications.

A journalist has to observe all principles signed in the Protocol's Agreement on Transparency of Information and of the national Italian journalists' work contract (CNLG); he has to make known the advertisement, however, he has to enable people to recognize journalistic work from promotional message.

Incompatibility

A journalist cannot in any case use economic or financial information that he knows for his personal benefit, he cannot disturb moreover the state of the stock market, spreading news and events that are to his own advantage.

A journalist may not write articles or news concerning actions in which the trend of the market has a direct or indirect financial interest, he cannot sell or buy stock in which he is professionally involved or is going to be concerned with in a short time.

A journalist refuses payments, renumerations, donations, free holidays, work trips, pleasure trips, facilities, that can make his job dependant and his actions or damage his credibility and professional dignity.

A journalist can neither accept tasks and responsibility contrary to the autonomous discharge of his own duties, nor lend his name, voice or image for advertising purposes incompatible with the safeguarding of professional journalists' autonomy.

However the same services are allowed free of charge for advertising enterprises, for social, humanitarian, cultural, religious or artistic purposes, also for a trade union one too, or, however, without speculative character.

Children or weak people

A journalist respects all principles confirmed in the ONU Convention dated 1989 on the right of children and their rules undersigned by the "Treviso Ethic Code" (Carta di Treviso) to protect children, their character and their personality, both as an active protagonist as a victim of a common-law offence and particularly:

a) a journalist does not publish the name or any other element that can lead to the identification of people involved in daily episodes or events;

b) he has to avoid eventual instrumentalizations by all adults that seek to represent and pursue exclusively his own interest;

c) however, he appreciates it if the spreading of the news concerning children contributes effectively to the interest of the minor himself.

A journalist protects the rights and dignity of people with mental or physical handicap according to what is confirmed by the Treviso Ethic Code (Carta di treviso) about children.

A journalist protects the rights of invalids avoiding sensational publication of news on medical arguments that may cause fear and groundless hopes.

a) He does not spread news that are not controlled through important scientific sources

b) He does not quote the names of commercial drugs and products to favour the product.

c) He promptly disseminates the commercial names of pharmaceutical products that are withdrawn or suspended from circulation because they are injurious to people's health.

A journalist pledges, however, to have the maximum respect towards the subjects of daily life that for social, economic or cultural reasons have minor instruments of self protection.

The Work of Children

Journalists' motion at the Conference promoted by the Association of Subalpine Press CGIL (Italian General Confederation of Labor), CISL (Italian Confederation of Labor Unions), UIL (Italian Labor Union)

The social parties and the Government have already subscribed, on April 16th, 1998, to a charter of commitments to promote the rights of childhood and teens, and to eliminate the exploitation of minor labor.

The world of information must also be part of this civil commitment.

Journalists have been committed for years - through their unions, the Order and FNSI (National Federation of Italian Press) - in the battle for the protection of minors, which has in fact represented a concrete test bench from which to launch a real implementation of professional deontology rules.

In October 1990, the "Treviso Charter" was passed. The journalists made a conscious act of renunciation towards their duty to inform. By contrast, in the "Work of Children" congress, a bigger commitment to inform on the problem of minor labor must be undertaken; it is a typical hidden phenomenon which has not received sufficient attention from the side of public opinion.

It is not by chance that the Turin Congress was organized together with federal unions and voluntary Non Governmental Organizations (NGOs), and with ILO (the International Labor Organization) as a guest. This collaboration must generate a network in which journalists play their role with professionalism and passion.

It is well known that the boycott against industries which produce by using children - also through work within families or in other countries - is not always a solution to the problem, as the NGOs interested in the exploitation of minors, especially in developing countries, have been pointing out for a long time. But a careful information of the public, hand in hand with consumer organizations, can be useful in publicizing news beyond "specialized" circles. Moreover, there are laws, agreements, the very commitment signed by the social parties and by the Government on April 16th, 1998, which can be spread and supported by information.

A return to investigative journalism must occur on these themes, as with every social problem, to avoid an inconsistent flow of information on the phenomenon related to police operations or to expressions - useful as they may be - of public figures.

Every child who suffers has the right to be safeguarded, we know that well when we do not publish the names nor the pictures of those who have undergone abuse. But the child also has the right - if exploited - to have everybody know who the exploiters are. And we, the Italian journalists, are committed to do this.

Journalistic activity and protection of minors: Treviso Charter revised

INTRODUCTION

The Treviso Charter enters the globalized world of the third millennium

The Treviso Charter, deontological code and document launched and passed in 1990 by the Order of Journalists and the FNSI (National Federation of Italian Press) - in agreement with the Telefono Azzurro ("Blue Telephone" helpline for children) and public bodies and institutions of the city of Treviso - draws its inspiration from the principles and values of our Constitutional Charter, from the UN Convention of 1998 on the rights of children and from the European Directives.

The Treviso Charter constitutes a binding rule of self-regulation for Italian journalists, as well as an ideal and practical guide for the whole professional category of communicators.

After the birth of the Treviso Charter on October 10th, 1990, supplemented by an extra deontological document - the Treviso Handbook '95 - the subject of the protection of minors has been the center of numerous institutional and associative initiatives in the media, with the creation of self-regulation codes issued by several worker categories.

Television, press, cinema, advertisement and the Internet are media well integrated in society, to the point that they play a crucial role of information besides that of formation, especially towards young generations.

It is therefore necessary, with no possibility of any extension, to start specific actions for a better knowledge and a more rigorous observance of the Law and of the self-regulation codes, through the tools already prescribed by the Treviso Charter of 1990 and by the Handbook of 1995, which have already recorded many positive effects during these fifteen years.

The revision of the Treviso Charter, 15 years after its birth, becomes thus a natural operative consequence and a coherent deontological commitment taken by the Order of Journalists' National Council, in the light of the new rising realities characterizing the world of information of the third millennium and the cultural and social sceneries of United Europe.

TREVISO CHARTER

The Order of Journalists and FNSI (National Federation of Italian Press), in the belief that information must draw its inspiration from the respect of the principles and values on which our Constitutional Charter is based, and in particular:

the recognition that the supreme value of the government and community experience is the human individual, with its inviolable rights that must be not only guaranteed, but also developed, helping every human being to overcome the negative conditions which in fact prevent the full expression of their personality;
the commitment of the whole Republic, in its various institutional articulations, to protect childhood and youth, and put into effect the right to education and an appropriate human growth;

declare to take on the principles reasserted by the UN Convention of 1989 on the rights of the child and in the European Conventions which deal with the subject, providing for the care to guarantee the harmonious development of the minor's individuality in relation to his/her life and maturation process, and in particular:

that the child must grow up in an understanding atmosphere and that "for their necessities of physical and mental development they need specific care and assistance";
that in all actions regarding minors "the major interest of the child" must constitute an object of primary consideration and that therefore all other interests must be submitted to this one;
that no child will have to be exposed to arbitrary or illegal interferences in their privacy nor to illicit attempts at their honour and reputation;
that the regulations which safeguard the privacy of minors are based on the assumption that the representation of their life facts may be harmful to them. This risk may not hold when the journalistic report puts a positive emphasis on the minor and/or the family environment in which they are growing up;
that the State must encourage the development of appropriate codes of conduct so to protect the child from information and multimedia messages detrimental to their psycho-physical wellbeing;
that the State must take appropriate legislative, administrative, social, and educational measures to protect children against any form of violence, abuse, exploitation, and damage.

The Order of Journalists and NFIP are aware of the fact that the fundamental right to information may encounter limits when it finds itself in conflict with the rights of subjects in the need of privileged guardianship. Therefore, with the right to report in relation to facts and responsibilities being understood, a balance with the rights of the minor and a specific, superior guardianship of their psycho-physical, emotional, and relational integrity must be pursued.

Therefore, we hereby quote the rules prescribed by the laws in force.

On the basis of these premises and of the deontological rules in Article 2 of the institutive laws of the Order of Journalists, along with what is expressed in the deontological code enclosed to the Code on the protection of personal data (Legislative Decree196/2003), in order to develop on the subject of minors information more functional to the growth of a childhood and teens culture, the Order of Journalists and the NFIP determine the following rules, binding for the information workers:
journalists must comply with the entire penal, civil and administrative regulation which regulates the practice of information and judicial reporting in regard to minors, in particular those involved in prosecutions;
the anonymity of minors involved in news cases must be guaranteed, also if these do not have a criminal relevance but are harmful to their persona, as perpetrator, victim, or witness; this warrant is not valid whenever the publication is intended to put positive emphasis on the minor and/or on the family and social environment in which they are growing up;
likewise the publishing of all elements which may easily lead to their identification must be avoided, such as the personal particulars of their parents, the home or residence address, the school, the parish church or brotherhood attended, and any other indication or element: pictures and unshielded television footage, on-line messages and images which may contribute to their identification. Similar behaviour must be observed for episodes of paedophilia, abuses and crimes of all kinds;

as regards cases of foster care or adoption and those of separated or divorced parents, with the right to report and the right of critique on the judicial authority's decisions and the usefulness of articles or inquiries being understood, the anonymity of the minor must be safeguarded in these cases in order not to affect on the harmonious development of their persona, avoiding sensationalism and any form of speculation;
children must not be interviewed or engaged in television or radio transmissions that may be harmful to their dignity or trouble their psycho-physical balance, nor must they be involved in forms of communication harmful to the development of their persona, regardless of a possible consent on the part of the parents;
in the case of injurious or self-injurious behaviours - suicides, rash gestures, running away from home, micro-criminality, etc. - initiated by minors, with the right to report and the individuation of responsibilities being understood, it is necessary not to exaggerate the small details which may have the effects of suggestion and provoke emulation;
in the case of minors who are ill, wounded, disadvantaged or in difficulty, it is necessary to pay special attention and sensitivity when spreading images and stories to avoid to perpetrate, in the name of a pitiful sentiment, a sensationalism that ends up being an exploitation of the individual;
if, in the interest of the minor - for instance in cases of kidnapped or lost children - the publication of personal data and the diffusion of images are considered indispensable, in any case the opinion of parents and of competent authorities must be taken into account;
special attention must be paid towards manipulation that may result from adults interested in exploiting, in their own interest, the image, the activity and the persona of the minor;
such rules must also be applied to on-line, multimedia journalism, and other forms of journalistic communication which use innovative technological instruments of which the prolonged availability in time must considered;
all journalists are bound to observe such rules in order not to incur the sanctions prescribed by the institutive law of the Order.
The Order of Journalists and NFIP recommend directors and all editors to open with the readers a dialog which is able to go beyond simple information; they stress the desirability, in cases of weak subjects, of the closest possible examination of the information, with cross-validation of the sources, with the contribution of experts, favouring signed services when possible, and in any case ensuring an approach to the subject of childhood not limited to the exceptionality of sensational cases, but which goes in depth - using inquiries, special programs, debates - with the condition of the minor and their difficulties in everyday life.

Order of Journalist and NFIP are committed, within their respective competences:

to spot tools and occasions which enable a better professional culture;
to highlight in the preparation texts for the professional examination the themes of the information on minors and the ways to represent childhood;
to invite the Regional Councils of the Order of Journalists and the Regional Press Associations, with the possible contribution of other subjects of the professional category, to promote study seminars on the representation of weak subjects;
to activate a direct connection with the various professions committed to the protection and development of children and teenagers;
to involve the institutional subjects called to the guardianship of minors;
to consolidate the relationship of collaboration with the organs in charge of the obedience to the laws and rules as regards radio, television, and multimedia;
to desire on the part of all communicators' associations, a common commitment to safeguard the interest of childhood in our country;
to carry on with the collaboration with the FIEG for a common commitment in defence of the rights of the minor;
to call to the attention of those responsible for radio and television networks, the providers, the operators of all multimedia forms the rights of the minor also in entertainment and advertisement broadcasting, and in the content of websites.

EFFECTIVE NORMS

The Order of Journalists and the NFIP are committed to:

a)promote the Observatory prescribed by the Treviso Charter 1990;

b)diffuse the existing regulation;

c)contemplate the additional sanction of the disciplinary measure's publication;

d)involve the journalism schools as centres of awareness of the problems inherent to minors.

Media and Sports Code

Preamble

The radio and television broadcasting stations and the suppliers of signatory contents or adherent to signatory associations, the Order of Journalists, The National Federation of Italian Press, the Union of Italian Sports Press, the Italian Federation of Newspaper Editors, from now on referred to as parties;

considering the frequency with which on the occasion of sports events, particularly related to soccer, serious crimes with sometimes tragic consequences have been perpetrated against the physical integrity and the dignity of individuals, as well as against private and public property;

acknowledging that these phenomena of violence and vandalism have caused indignation and alarm in citizens, leading the Government and the Parliament to adjust the requirements regarding public order during sports events in a more rigorous way;

understanding that the episodes of violence often involve young individuals and minors;

considering the need to ensure, according to the modalities prescribed by this Code, that no messages of incitement or legitimation towards the transgression of the Law are communicated through the different mass media in sports information;

considering the need to contribute to the diffusion of sports positive values which, as the international Codes and Declarations state, put competitive spirit to the service of the correct and peaceable development of human relationships;

sharing the principles stated by the Community Directive "Television Without Frontiers" and in its revision for audiovisual media not to contain any incitement to hatred;

sharing the prohibition of transmissions which contain messages of incitement to hatred or that may lead to behaviors of intolerance, according to what is prescribed by the Radio and Television Regulation;

approving action to address the Authorities for the warrants in the communication on the relationship between information and the fundamental rights of the individual;

conscious of the contribution that the mass media - from the traditional to the newest ones, also thanks to the interlacing of their messages - may provide to condemn, in the eyes of public opinion, violence connected to sports events and soccer in particular;

conscious of the rights of the journalists to have the widest possible access to sports information sources, which cannot undergo undue restrictions incompatible with the right to report;

following in the footprints of an autonomous tradition of self-discipline which, starting with the Treviso Code and the Journalists' Charter of Duties, has strengthened in time the necessary right/duty balance of information with the other constitutionally guaranteed rights, among which those relative to citizens' personal security and to the protection of minors;

considering that the incitation to transgress the Law, as well as the resort to threat and to abuse are in any case in contradiction with the public role of the information media as stated by the current legislation and by its legal interpretations;

after a major confrontation on the occasion of the "Commission for the elaboration of a Self-Regulation Code of commentary transmissions on sports events", initiated by the decree of the Minister of Communications and the Minister of Youth Affairs and Sports Activities on May 17th, 2007 to start what was prescribed by Article 34, Paragraph 6bis of the Legislative Decree no. 177/2005 as modified by Law no. 41/2007;

having heard the associative and institutional subjects interested in the matter, such as the party responsible for the Soccer League and those of the National Observatory on Sports Events founded by the Ministry of the Interior by Decree on December 1st, 2005 to counter the phenomena of violence on the occasion of sports competitions;

having noted the need for the Parliament and the Government to harmonize the current normative and regulatory scene of the different media in regards to public order and to the right to information relative to sports events;

adopt this Self-Regulation Code, subsequently named the "Media and Sports Code":

Article 1: General Principles

1. This Code on sports information refers to the information transmitted to a large number of recipients, by different media which discusses only in the form of reports, commentaries, radio and television debates, with guests in the studio or connected from outside, sports events in general and soccer events in particular.
2. In the diffusion of sports information, whether in or outside of newspaper headlines, the parties always ensure the observance of the principles of lawfulness, fairness, and the respect for individuals' dignity, even in the diversity of the respective opinions.
3. With what is prescribed by Article 2 being understood, the parties are committed to avoid any kind of incitement or legitimation of behaviors in contradiction with the rules of Law.
4. The duties hereby noted deriving from the legislation on the press, from that on radio and television broadcasters and that on the Order of Journalists, are taken as exceptions.

Article 2: Right to Sports Information

1. The commentary of sports events must be carried out in the different media in a manner that is respectful of the dignity of individuals, other subjects, and interested organized bodies, with a clear distinction between the story of the facts and the personal opinions that one may have about them.
2. The parties are committed in any case to avoid resorting to threatening or abusive expressions towards individuals or groups of people, such as for instance athletes, teams, rival fans, referees, umpires, journalists, police forces, organizers of sports events, ethnic groups, or religious denominations.
3. The parties ensure correct information relative to the crimes committed on the occasion of sports events, considering their social relevance.
4. In all respects of their editorial autonomy, the parties commit to sensure all conduct taking place on the occasion of sports events that are prejudicial to the physical integrity of individuals, of their dignity, and of public and private property.
5. Acknowledging that images are an essential part of the sports information, in cases where particularly strong and shocking images or expressions are used, the host or commentator will take care to warn the spectators, explaining that the images about to be transmitted are not suitable for young audience.

Article 3: Hosting of Radio and Television Programs

1. Broadcasters and content suppliers will ensure that the hosts of programs of sports information have a suitable knowledge of the present Code, likewise of the above-mentioned regulation, and of the rules which govern the practice of each sport discipline discussed in the transmissions under their responsibility.
2. In cases of violation of the regulations in this Code by anybody during radio and television transmissions, and transmissions of live sports commentary, guests, members of the audience, telephonic interlocutors, and interlocutors via the Internet included, the host will promptly dissociate the broadcasting station from the content supplier - up until the arrangement of a pause in the transmission, a connection interruption, or the removal of the party responsible if needed - to lead the program back onto the track of fairness.
3. In case of recorded transmissions, the broadcasters and content suppliers are committed to exercise preventive control over their content, excluding the broadcasting episodes which represent a violation of this Code.
4. Broadcasters and content suppliers are in all ways committed, in case of a violation of the Code, to publicise on the next available edition of the program in which the violation was committed, or in another program by the same broadcaster, a message in which the editor, the broadcaster, and the content suppliers themselves dissociate themselves from the event, expressing their disapproval.
5. Broadcasters and content suppliers reserve the right to evaluate the suitability of the subjects responsible for violations to the regulations of this Code to participate in further sports information or close examination transmissions, considering the seriousness of possible repetitions of the violation, as well as the behavior of the interested party subsequent to the violation.
6. Broadcasters and content suppliers are committed to apply, in all respects of what is prescribed by the Code as to handling of personal data, measures able to identify the subjects who connect to the transmissions by telephone, through audio, or audio-video communication systems.

Article 4: Promotion of Sports Values

1. With special attention towards youth and minors and as a contribution to their cultural, civil, and social growth, the parties are committed to disseminate the positive values of sport and the spirit of loyalty connected to such values in the specific containers of sports events, also through formative campaigns agreed upon and put into effect with national and local institutions.

Article 5: Surveillance

1. The control of the respect of this Code is entrusted to the Authority for the Protection of Communications. Possible violations concerning journalists are notified by the Communications Authority to the Professional Order to which the party concerned belongs.

Article 6: Sanctions and Commitments

1. In case of violation of this Code, the sanctions mentioned in Article 35, Paragraph 4bis of the Radio and Television Regulation will be applied to the subjects mentioned in Article 34, Paragraph 3, of the same Text.
2. A notice about the sanctions is to be given to public administrations competent for any possible measures of support in favor of the radio and television broadcaster.
3. A notice about the sanction is to be given to CONI (Italian National Olympic Committee), to the Sports Federations, to the Leagues, and to the Union of Sports Press for any possible measures of competence as to access to stadiums.
4. For local television and radio enterprises, compliance with this Code constitutes a requirement for admissibility described in Article 45, Paragraph 3, of Law no. 448, December 23rd, 1998, and subsequent changes and integrations.
5. For the journalists possibly involved, the sanctions will be those decided by their Professional Order.

Deontology Code regarding the handling of personal data in the practice of journalism

THE GUARANTOR FOR THE GUARDIANSHIP OF PERSONAL DATA

Pursuant to Article 25 of Law no. 675 dated December 31st, 1996, as modified by Article 12 of the Legislative Decree no. 171 dated May 13th, 1998, according to which the handling of personal data in the practice of the journalism profession must be carried out on the basis of an appropriate Deontology Code bearing measures and precautions as a warrant for the interested party; measures and precautions regarding the nature of the data, in particular data eligible to reveal health conditions and sexual life;

pursuant to Paragraph 4bis of the same Article 25, according to which such code is applicable also in the practice of freelance journalists as well as to anybody who temporarily handles personal data in order to use it for the occasional publication of articles, studies, and other displays of thought;

pursuant to Paragraph 2 of the same Article 25, according to which the Deontology Code is adopted by the Order of Journalists' National Council in cooperation with the Guarantor, who promotes the adoption and is in charge of the publication in the Official Gazette;

pursuant to Protocol Note no. 89/GUAR dated May 26th, 1997, with which the Guarantor invited the Order's National Council to adopt the code within the prescribed time of six months from the sending date of the note itself;

pursuant to Protocol Note no. 4640 dated November 24th, 1997, with which the Guarantor complied with the request of a brief postponement of the aforesaid time, presented on November 19th by the president of the Order's National Council;

pursuant to Protocol Action no. 5252 dated December 18th, 1997, with which the Guarantor signalled to the Order's National Council some criteria to bear in mind in the balance of freedoms and rights involved in the journalism profession;

pursuant to Protocol Note no. 314 dated January 23rd, 1998, with which the Guarantor has expressed other observations on the first code outline drafted by the Order's National Council and passed on to the Guarantor by Protocol Note n0. 7182 dated December 30th, 1997;

pursuant to Protocol Note no. 204 dated January 15th, 1998, with which the Guarantor, on the basis of the first experience of enforcement of Law no. 675/1996 and the drafted code outline, has submitted to the Ministry of Grace!? and Justice the opportunity of a revision of Article 25, which was then modified with the aforesaid Legislative Decree no. 171 dated May 13th, 1998;

pursuant to Protocol Note no. 5876 dated June 30th 1998, with which the Guarantor invited the Order's National Council to introduce a few residual changes to the further outline approved by the Council itself during the sitting of March 26th and 27th, 1998, and passed on to the Guarantor by Protocol Note no. 1074 dated April 8th;

after verifying the suitability of the measures and precautions as a warrant for the interested party envisaged by the final outline of the Deontology Code, passed on to the Guarantor by the Order's National Council by Protocol Note no. 2210 dated July 15th, 1998;

considering that, in accordance with Article 25, Paragraph 2 of Law no. 675/1996, the code must be published in the Official Gazette, by the Guarantor, and becomes effective fifteen days after its publication;

Orders:

the enclosed Deontology Code's transmission to the Decrees and Laws Publication Office of the Ministry of Grace and Justice, for its publication in the Italian Republic's Official Gazette.

Rome, July 29th, 1998

PRESIDENT

Rodotà

In accordance with Article 184, Paragraph 2, the references in Law no. 65/1996 or in other abrogated measures must be understood as referring to the new correspondent measures in force, according to the correspondence table.

A.1. Deontology Code regarding the handling of personal data in the practice of journalism

Article 1. General Principles

1. These rules aim at reconciling the fundamental rights of the individual, the right of citizens to information, and Press Freedom.
2. As provided by Article 10 of the Constitution, the profession of journalism goes on without authorization or censorship. As essential conditions to exercise the right and duty of reporting, the gathering, registration, preservation, and spreading of news on events and stories relative to persons, organized bodies, institutions, customs, scientific researches, and movements of thought, carried out within the limits of the journalistic activity and for the purpose of such activity, differ clearly - because of their nature - from the storage and handling of personal data by data banks or other subjects. On these principles are based the necessary derogations prescribed by Paragraphs 17 and 37 and Article 9 of the European Parliament and the Council of the European Union Directive 95/46/CE dated October 24th, 1995, and by Law no. 675/1996.

Article 2. Data banks for editorial use and guardianship of journalists' personal archives

1. Journalists who gather information for one of the operations mentioned in Article 1, Paragraph 2, letter b), of Law no. 675/1996, makes their identity, their profession, and the purpose of the gathering known, unless this involves risks to their safety or otherwise makes the exercise of the informative function impossible; they avoid undue artifices and pressures. Having made such activity known, the journalist is not obliged to provide the other information elements mentioned in Article 10, Paragraph 1, of Law no. 675/1996.
2. If the personal data is gathered at data banks for editorial use, the editorial enterprises are obliged to make known to the public, through announcements, at least twice a year, the existence of the archives and the place in which it is possible to exercise the rights prescribed by Law no. 675/1996. Likewise, the editorial enterprises point out, among the management data, the responsibility of the handling that one might want to address to exercise the rights prescribed by Law no. 675/1996.
3. The personal archives of journalists, functional in any way to the practice of the profession and for the exclusive pursuit of the functions relative to it, are safeguarded, as far as the news sources are concerned, in accordance with Article 2 of Law no. 69/1963 and Article 13, Paragraph 5, of Law no. 657/1996.
4. A journalist may keep the gathered data for all the time necessary for the pursuit of the purposes involved in their profession.

Article 3. Guardianship of domicile

1. The guardianship of domicile and other places of private residence also applies to places of care, detention, or rehabilitation, respecting the rules of Law and the correct use of invasive techniques.

Article 4. Rectification

1. A journalist corrects errors and inaccuracies without delay, also in accordance to the duty of rectification, in the cases and ways established by the Law.

Article 5. Right to information and personal data

1. In gathering personal data which might serve to reveal racial and ethnic origins, religious, philosophical, or other kinds of convictions, political opinions, supported parties, unions, associations, religious, philosophical, political or trade-union organizations, as well as data able to reveal information on physical conditions and sexual orientations, a journalist guarantees the right to the information on facts of public interest, respecting the essential nature of the information, avoiding references to relatives and subjects who are not connected to the facts.
2. In connection with data regarding circumstances or facts made known directly by the interested party or through their behavior in public, the right to subsequently advance legitimate reasons deserving guardianship is void.

Article 6. Essentiality of the information

1. The spreading of news of relevant public or social interest does not contradict the respect for an individual's private life when the information, even if detailed, is indispensable due to the originality of the fact or to the description of the particular ways in which it occurred, likewise as the qualification of the parties involved.
2. The private lives of well-known individuals in public office must be respected if the news and the data do not have any importance for their role or in their public life.
3. The journalist's comments and opinions belong to the freedom of information as well as to the freedom of speech and thought constitutionally guaranteed to everybody.

Article 7. Protection of minors

1. In order to protect them, a journalist does not publish the names of minors involved in news facts, nor provide details able to lead to their identification.
2. The protection of minors also applies, considering the quality of the news and its components, to facts that are not specifically crimes.
3. The minor's right to privacy must always be considered as primary compared to the right of critique and the right to report; in case a journalist decides nevertheless, for reasons of relevant public interest and within the limits of the Law, to publicise news or images concerning minors, they must take responsibility for assessing whether the publication is really in the objective interest of the minor, according to the principles and limits established by the "Treviso Charter".

Article 8. Guardianship of individuals' dignity

1. With the exception of the essential nature of the information, a journalist does not provide news and does not publish images or pictures of individuals involved in news facts prejudicial to the person's dignity, nor do they dwell upon details of violence, unless they perceive a social relevance in the news or image.
2. With the exception of relevant reasons of public interest or proven objectives of justice and police, the journalist does not take or produce images and pictures of subjects in detention without the consent of the party concerned.
3. Persons may not be presented handcuffed, except in case this is necessary to report abuses.

Article 9. Safequarding the right to non-discrimination

1. In exercising the right and duty to report, a journalist is bound to respect the right of the individual to non-discrimination on grounds of race, religion, political opinion, gender, physical or mental condition.

Article 10. Safeguarding the dignity of sick individuals

1. A journalist, in referring to the health of a a given identified or identifiable individual, respects their dignity, their right to privacy and decorum, especially in case of serious or terminal illness, and abstains from publishing analytical data of strictly clinical interest.
2. The publication is admitted within the pursuit of the essentiality of the information and in any case in respect of the dignity of the individual, if these hold a position of particular social or public relevance.

Article 11. Guardianship of the individual's sexual life

1. A journalist abstains from describing sexual habits related to a given identified or identifiable individual.
2. Publication is admissable within the pursuit of the essentiality of the information and in the respect of the dignity of the person, if these hold a position of particular social or public relevance.

Article 12. Guardianship of the right to report in criminal processes

1. To the handling of data relative to criminal processes, the limit prescribed by Article 24 of Law no. 675/1996 does not apply.
2. The handling of data able to reveal measures described in Article 686, Paragraph 1, letters a) and b), 2 and 3, of the criminal procedure code is admissable in the exercise of the right to report, according to the principles described in Article 5.

Article 13. Enforcement scope, disciplinary sanctions

1. These rules apply to professional journalists, publicists, apprentices, and to anybody else who even occasionally engages in political journalism.
2. The disciplinary sanctions in Title III of Law no. 69/1963, apply only to subjects registered in the roll of journalists, in the lists or in the book.