Croatia Code: Code of Conduct for Croatian Radio and Television (HRT) Employees

(HRT is the public broadcasting institution in Croatia. The following code was adopted by HRT Board of Directors in December 1998, on the basis of the Law on Croatian Broadcasting, and as a special section of the Code of Labour Relations).

I. BASIC STIPULATIONS

Article 1.

The Code of Conduct for HRT Employees (hereinafter, the Code), as a special section of the Code of Labour Relations, specifically regulates the following:

- rules concerning the work and conduct of HRT employees
- ethical and professional conduct of HRT journalists

- programming principles

- procedure for determining transgressions against this Code relating to journalists

Article 2.

In discharging their responsibilities and in their public actions,HRT employees are required to be mindful of the business and programming interests of HRT, its social standing and professional credibility.

During public appearances, HRT employees are required to present verified facts,to use authentic information and to ensure that confidential business information is not disclosed, thereby safeguarding the moral and business integrity of HRT as a public institution.

Article 3.

HRT employees are free to express their opinions and views in public, and they are responsible for the veracity of any claims they may make.When he/she writes or speaks about programming and editorial policy, an employee is required to give prior notice to his/her editors (superiors).

For any statement or statements made to the public relating to the business operations of HRT, HRT employees are required to obtain approval from their immediate superior, or from a competent senior supervisor (a member of HRT Board of Directors, or the Chairman of the HRT Board of Directors). Approval must be granted or denied in writing within three days. If the responsible superior fails to reply to such a request within three days, it may be assumed that approval has been granted.

Article 4.

HRT employees are required to discuss their comments or views concerning HRT programming and business relations within HRT, within their organisational unit, department, and journalists' and union organisations. They may also do this outside HRT, within professional or other corresponding organisations or associations, after having exhausted all possibilities for discussion within HRT.

Article 5.

HRT employees may not receive any gifts, money, prizes or awards that might endanger their professional integrity and independence of action. They are required to notify their programming and business management personnel concerning any gifts, and, in the case of gifts which are more than merely symbolic, they must be left in the care of HRT.

II. RULES OF WORK AND CONDUCT

Article 6.

HRT employees are required to remain within the law and company by-laws in discharging their responsibilities, and to execute such orders from their superiors that are based on the business and programming policies of HRT.

HRT employees are required to discharge their responsibilities conscientiously and professionally, as well as to behave in a loyal and correct manner with regard to their fellow-workers.
No HRT employee may engage in private business activities during working hours.

No HRT employee may undertake the same or similar work in any other company involved in the dissemination of information (radio, television, the press.)without the express written approval of his or her employer.

No HRT employee may be involved (either as an author or other participant) in paid commercials or other advertisements or advertising messages, except where it forms a part of his regular responsibilities at work.

HRT does not permit any form of advertising other than commercial messages. In producing programmes a clear distinction must be made between regular programming and advertisements and commercial clips.

 

III. ETHICAL AND PROFESSIONAL CONDUCT OF HRT JOURNALISTS -PROGRAMMING PRINCIPLES

Article 7.

HRT journalists are those HRT employees who, in accordance with the stipulations of this Code, work towards accomplishing the programming activities of HRT.

It is the basic responsibility of HRT journalists to ensure comprehensive information about daily events, about all important political, economic,cultural and sports events, as well as about education, science, the arts and entertainment.

Article 8.

Journalists are required to adhere to the demands of the profession- veracity, objectivity, good faith - and to develop the values of humanism,tolerance, respect of privacy, human rights and the rights of minorities, to affirm tradition and to develop national values, as well as to promote high artistic and cultural standards.

Article 9.

HRT journalists are required to present precise, complete and timely information. It is also their responsibility to provide the public, with respect to all important matters, with all pertinent points of view, arguments and explanations from various sources, in order that that the public may draw their own conclusions and form their own opinions. Journalists shall not express their own political, religious or other affiliations - either through words, gestures, signs or symbols.

In discharging their responsibilities, journalists are required to respect pluralism of interests in society, and they must not give precedence to only one view or opinion, but must rather present conflicting views and their main protagonists. The balanced presentation of various political trends, ideas,social, economic and cultural interests shall be the basis of their objectivity. Journalists have a responsibility to treat themes from various sources in order to present the actual and complete truth.

Journalists have the right to refuse any instruction that would conflict both with these principles and ethical values.

Article 10.

In their search for truth, and using their freedom, journalists are required to present verified information and shall not succumb to rumours; they must not omit important information nor alter the meaning of texts, documents or statements.

HRT journalists shall base their professional work on ethical and civilisational values, on respect for the individual, on acceptance of differences, on acceptance of minorities, and on respect for privacy.Journalists are autonomous and free in discharging their responsibilities, and they shall co-operate with editors in order to ensure the highest quality of programmes, better control of the veracity of the content, to satisfy professional and ethical standards, as well as to execute programming policy and to ensure adherence to legal stipulations.
Editors may intervene only in order to ensure that professional and ethical standards are met, that programming policy is observed and that the law is respected, but only in cases where the said standards, programming policy and observance of the law may be jeopardised as a result of a journalist'sinappropriate activities.

Article 11.

HRT journalists are free to take advantage of their civil and political rights, including the right to join and act in political organisations. In order to remain professionally credible and politically unbiased they must be mindful of the fact that in expressing their political,party or other affiliation they do not invite mistrust in the veracity and objectivity of their professional work. HRT journalists must remain independent and unbiased, also with respect to any other interest groups, ideological,religious, social, cultural or other organisations and groups.

Article 12.

Journalists holding editor-in-chief posts shall not hold any party political office.

It is incompatible with the work of HRT journalists to be members of, or be involved with, bodies that manage or directly influence the business, financial or other decisions of corporate, sports or other institutions - whether it is in return for payment or in the form of volunteer work - and which may influence the independence of a journalist in his or her work.

Journalists may not in any form, either directly or indirectly, participate in commercial messages, organise advertisements, or perform any work which may threaten their independent judgement and influence the objectivity of their work.

Article 13.

The General Director of HRT, the HRT Board of Directors, the editors-in-chief of HRT programmes, the Commission for Monitoring Implementation of this Code, and other professional services at HRT, are required to defend the independence of HRT and HRT journalists from any form of pressure, as well as to provide them with every possible form of protection in order that they may discharge their responsibilities in a professional manner.

In the case of unjustified attacks against HRT and individual HRT journalists,those responsible in the first item of this Article are required to present their views through a special public statement.

Article 14.

Editors or producers may not intervene in the case of determined facts, but they may, in the case of important social and national issues and issues relating to the State, ask for a comment. Editors or producers are responsible for broadcasting the comment and for the valorisation of the facts stated in the comment, on the basis of the degree of importance of events andHRT programming policy.

In preparing a programme - particularly if such a programme deals with current affairs - editors or producers of programmes are also required to include segments which may conflict with their personal views or opinions, provided that such segments are in accordance with the defined rights of the journalistic profession and the adopted programming policy.

Article 15.

Whilst reporting, and particularly in the case of commentaries and polemic texts, HRT journalists must respect the ethics of public statement and cultured dialogue, and to take into account the dignity and integrity of the person or persons with whom they are engaging in debate. Whilst protecting the dignity of man, HRT journalists and editors should honour the principle that everyone is innocent until proven guilty.

Article 16.

HRT journalists are required to present the views and programmes of various political parties objectively, without taking sides and without explicitly or implicitly supporting any side.
During election campaigns, HRT journalists are required to adhere to the election rules and regulations of HRT adopted in accordance with the law,further ensuring that they do not violate the legal provision concerning the equality of political parties and candidates, or the professional principle of non-affiliation of journalists to any political party.

Article 17.

In their work, HRT journalists must discern fact from opinion and comment. They are not permitted to interpret facts in such a way that they are subject to their personal views or to the requirements of a commentary, nor are they permitted to alter their sense in any way. All commentaries must be signed, that is to say, that their author must be revealed and, within the framework of news programmes, they must be presented as commentaries.

HRT journalists are required to respect the facts and they are responsible for their veracity and use. In order to broadcast any person's statement or view,an HRT journalist must obtain that person's approval in those cases where such statements are not made within the framework of the person's public activities.In editing statements, journalists must ensure that the essence of the statement is preserved and that the balance of the statement is not violated.

Article 18.

HRT journalists are required to be mindful of the auctorial rights of other participants in the public information domain and must therefore cite the names of other authors whose texts are used in their reports.

When using other people's material (archives), HRT journalists must always mark every use of the images and text, and they shall not change the context in which a statement was made, nor shall they place the image or text in a new context.
Journalists are not required to present (broadcast) recorded materials.

In informing the public, HRT journalists must primarily take into account the right of presenting photographs or images so that they may distinguish between the public and the private, the official and the unofficial. Private lives shall not form the content of journalistic work, unless it involves public figures and is directly related to the discharge of their office or responsibilities.

If reasonable doubt exists that publication of a recording could cause harm to the interests of a person or persons involved, such a recording may be presented only after having obtained written approval from the party concerned.

HRT journalists may not use unfair or illegal means in order to obtain a particular item of information, photograph, recording or document.

Article 19.

In discharging their responsibilities, HRT journalists are required to use standard Croatian language and to uphold linguistic values in an appropriate manner, namely, those standards set by the Department for Language and Speech.

IV. PROCEDURES FOR DETERMINING VIOLATIONS OF THE CODE

Article 20.

Due to the specific nature of the work of journalists and the way in which they are perceived by the public, and with the aim of professionally determining the facts with respect to their work, and observance of the stipulations of this Code, HRT shall establish a Commission for theImplementation of the Stipulations of the Code of Conduct with respect to HRTJournalists (hereinafter, the Commission).

The Commission is responsible for determining the facts of a case, based on are port made by an authorised person concerning a violation of the Code on the part of a journalist, and with issuing its opinion as to whether or not theCode has indeed been violated.

On the basis of the opinion of the Commission, the Employer shall determine whether the allegation amounts to a violation of work responsibilities and shall make a decision on the basis of the law and HRT by-laws.

Article 21.

The Commission referred to in Article 20. of this Code shall consist of nine members, who shall be appointed for a term of two years by:

- HRT Director - one member

- Union of Croatian Radio Journalists - one member

- Union of Croatian Television Journalists - one member

- Croatian Radio Journalists' Professional Section - one member

- Croatian Television Journalists' Professional Section - one member

- Programming staff of Croatian Television Editor-in-chief - two members

- Programming staff of Croatian Radio Editor-in-chief - two members

The Commission elects its president and his or her deputy on the basis of a majority vote of all members.

The Commission makes its decisions (adopts its views) on the basis of a majority vote of all members of the Commission. The president of the Commission shall be the last to vote.

Article 22.

Reports on violations of the Code by a journalist may be filed by:

- Members of the Board of Directors of HRT

- Members of the HRT Council

- Editors-in-chief

- Heads of sections (programme editors)

- Department editors and programme producers

- Individual journalists

Article 23.

Any violation of the Code must be reported within three days from the time that the person filing the claim learned of the violation, or three days from the broadcast of the relevant programme, participation in the relevant programme, or publication of the article in the press.

Upon receiving a complaint the president of the Commission is required to inform the other members of the Commission and to begin work on determining the facts, as well as presenting the Commission's opinion within five days of receiving the complaint.

HRT employees shall be informed about the opinion of the Commission.

Article 24.

The Commission is required to immediately forward its opinion to theEmployer, whose responsibility it is, depending on the opinion, to initiate disciplinary proceedings in accordance with the law and HRT by-laws.

Article 25.

Employees who do not observe the stipulations of this Code shall be deemed to have violated the terms of their contract. Violations of the terms of contract may, in accordance with the stipulations of the regulations, result in termination of contract (dismissal due to misconduct).

Violations of the terms of contract are described in the HRT Labour RelationsBy-laws, as well as in other HRT by-laws.

V. FINAL PROVISIONS

This Code forms a constituent part of HRT Labour Relations By-laws.

All stipulations of the HRT Labour Relations By-laws that do not conflict with this Code shall remain in force.