This Code which applies to publishers has been approved by the MediaCommission on an interim basis and issued under section 23 of the Media Act2004.
The Act defines a publisher:
"Publisher" means any individual, organisation or body corporate which publishes a newspaper or newsletter, or similar publication at least once a week or more often during most of the calendar year and the publication is
(a) distributed to subscribers or other named recipients on payment by money or otherwise, or without payment, or
(b) distributed by other means whereby residents of the Cook Islands generally, or specific groups of residents, may acquire the publication on payment by money or otherwise, or without payment.
A "publication" is the newspaper, newsletter or similar product published by a "publisher."
The following media standards contained in section 22 of the Media Act2004 apply to publications. Publishers are responsible for maintaining standards which are consistent with:
(a) The observance of good taste and decency, taking into account community standards and the context of the article.
(b) The maintenance of law and order; and
(c) The privacy of the individual; and
(d) The principle of balance that when controversial issues of public importance are addressed in news and current affairs, reasonable efforts are made, or reasonable opportunities are given, to present significant points of view either in the same programme or publication, or in other programmes or publications within the period of current interest, subject to the right of all publishers to put forward editorial opinion provided the editorial nature of the comment is clearly apparent to the reader; and
(e) The requirement that news and current affairs are truthful and accurate on points of fact; and
(f) The requirement to deal justly and fairly with any person referred to in an article; and
(g) The requirement to consider the interests of child readers.
When applying the media standards to a publication, the Media StandardsCouncil and the Media Commission, as the case may be, shall interpret the standards with regard to the following guidelines
1. Accuracy - Publications shall be guided at all times by accuracy,fairness and balance, and shall not deliberately mislead or misinform readers by commission or omission.
2. Corrections - Where it is established that there has been published information that is materially incorrect then the publication shall promptly correct the error giving the correction fair prominence. In some circumstances it will be appropriate to offer an apology and a right of reply to an affected person or persons.
3. Privacy - Everyone is entitled to privacy of person, space and personal information, and these rights shall be respected by publications.Nevertheless the right of privacy shall not interfere with publication of matters of public interest, or obvious significant public interest.
Publications shall exercise care and discretion before identifying relatives of persons convicted or accused of crime where the reference to them is not directly relevant to the matter reported.
Those suffering from trauma or grief call for special consideration,and when approached, or enquiries are being undertaken, careful attention is to be given to their sensibilities.
4. Confidentiality - Editors have a strong obligation to protect against disclosure of the identity of confidential sources. They also have a duty to take reasonable steps to satisfy themselves that such sources are well informed and that the information they provide is reliable.
5. Children and Young People - Editors shall have particular care and consideration for reporting on and about children and young people.
6. Comment and Fact - Publications shall make proper distinctions between reporting of facts and conjecture, passing of opinions and comment.
7. Advocacy - A publication is entitled to adopt a forthright stance and advocate a position on any issue, provided it complies with guideline 6 when doing so.
8. Discrimination - Publications shall not place gratuitous emphasis on gender, religion, minority status, sexual orientation, age, race, colour or physical or mental disability. Nevertheless, where it is relevant and in the public interest, publications may report and express opinions in these areas.
9. Subterfuge - Editors shall not sanction misrepresentation, deceit or subterfuge to obtain information for publication unless there is a clear case of public interest and the information cannot be obtained in any other way.
10. Headlines and Captions - Headlines, sub-headings, and captions shall accurately and fairly convey the substance of the report they are designed to cover.
11. Photographs - Editors shall take care in photographic and image selection and treatment. They shall not publish photographs or images which have been manipulated without informing leaders of the fact and, where significant, the nature and purpose of the manipulation. Those involving situations of grief and shock are to be handled with special consideration for the sensibilities of those affected.
12. Letters - Selection and treatment of letters for publication are the prerogative of editors who are to be guided by fairness, balance, and public interest in the correspondents' views.
