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41

1

10

Media-check: conclusion on ungrounded airing of images of violence at TSN news edition of March 12, 2019

In the framework of common mechanism of “Detektor Media” nad “The Institute of Mass Information” to consider complaints against mass media “Media-check” a complaint was filed against TSN news program dated of March 12th, 2019.

The author of complaint asked to check whether multiple scenes of violence repeatedly aired I the news program did comply with the law. “Detektor Media” published integral text of conclusion issued by our lawyer.

We should remind IMI and the Detektor Media NGOs launched new tool allowing to make complaint about unprofessional journalistic reports which violate the law or professional standards. At the web-sites of the both NGOs there is the form which the author of complaint has to fill. Every user can complain, but anonymous complaints won’t be considered. This mechanism is going to serve to examine quickly to breaches in mass media. If the materials testified the situation is complicated, the NGOs are to transfer the complaint to the Independent media council and the Commission of journalistic ethics.

Conclusion # 1 relative to the news program of TSN dated of March 12, 2019.

On March 13th, 2019 we received the complaint sent by Oleksiy Masur. The author argued there was an impression “they savoured of multiplied scenes of violence and cruelty that the aring of which were not justified from the point of view of morality, ethics and common sense in the news of TSN. In particular, the news program started with images of beating of a person of his neighbour for noisy music. Instead of screening this scene from surveillance camera once, they aired it for umpteen times (…)”.

2. Record of this news block is online, available here.

3. Time of broadcasting: 7.30 p.m. Anchorperson: Lidiya Taran. Journalists co-authours of the story: Valeriya Kovalinska, Olha Neskorodina and Svyatoslav Rodyuk.

4. Content of respective part of the story contested by author of complaint: (total time tracking of the story : 62 minutes 48 seconds. Images of violence : at 1st min.41 sec. the anchorperson asked to take the children away from the TV screens. 1 min. 52 sec – 1 min.55 sec..: images of beating, the person who sit on the floor is kicked in his head. 2 min 20 sec.- 2 min.23 sec.: repeating of the scene of beating. 2 min 32sec. – 2 min. 45 sec.: repeatedly aired scene. 4 min. 42 sec. – 4 min 44 sec.: airing of scene of beating, kicking in the head. 5 min. 27 sec.: the news is finished, but the anchorperson aanounced they would return to this story later in the program. 31 min.34 sec.:-31 min. 52 sec.: resumed video of fight between neighbours. 31 min. 42sec. – 31 min. 50 sec.: again video of kicking of the person in the head. 32 min. 10 sec.: repead story on neighbor fights.

II. Legislation.

1. Constitution of Ukraine, art. 34

2. Law “On television and radio broadcasting”, alinea 2, article 6, alinea 5 article 28, alinea 2 article 62

III.

1.The mentioned story in the news program with numerous scenes of violence was aired early in the evening (7.30 p.m.), this is 3 hours and a half before lifting of restrictions as to the content it is authorized by the legislation allowing teenagers and children to watch it. Appeal sounded by the anchorperson to take children away from TV screens could not be considered as sufficient to prevent damaging effect onto underage persons.

2.The story demonstrated cruel beating of one person by another, and the victim did not offere resistance anyhow (as at least it seems like this while viewing the scene). Such story could intimidate children or could be an example to follow or persuade such behavior is admissible. This fully correspond to concept: “airing … of videostories which could have damaging effect to psychic or moral evolution of the child and teenagers”.

3. One should notice the scenes were repeated for several times – 5 times precisely. This repeatedly airing of cruel images could not be justified by the interest of TV viewer, but it could be conditioned by the interest of the TV company whiching to detain attention of TV audience thanks to repeatedly shown scenes that provoked shock.

4. The issue of diffusing of information on violence and of protection of children from impact of news have to be regulated by the editorial statute 9par. 4 art. 57 of mentioned Law). But at present, the statute is not available on the web-site of the TV company.

Taking into account above mentioned we have to assert that the “ Television and radio company “Studio “1+1” violated requisitions of the alineas 5th and 8th of the paragraphe 2nd of the article 6, paragraph 5th of the article 28 and alinea 2nd of the paragraph 2 of the article 62 of the law “On Television and radio broadcasting” in its news program TSN dated of March 12, 2019, aired on 7.30 p.m.

Conclusion made by Roman Holovenko, Master of Laws

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