The right to privacy of minors was violated in some shows "Dnevnica" that were broadcast on the public service, and one gets the impression that children are abused for the sake of profit, i.e. viewership.
That's what he concluded Protector of human rights and freedoms, after a non-governmental organization approached that institution asking them to review whether children's rights are being violated in "Dnevnica".
The protector recommended Radio-television of Montenegro (RTCG) that in the future, when broadcasting the show "Dnevnica", in accordance with positive regulations and the best interests of children, it takes care of their privacy and safety, and that when showing humanitarian actions, collecting money and other aid on the public service, the integrity and dignity of minors are protected.
"The defender established that there was a violation of the right to privacy of minors in certain shows 'Dnevnica' that were broadcast on the Public Service RTCG, when the faces of children who needed treatment and children living in socio-economically vulnerable families were shown, where housing and the difficult conditions in which families live, for the sake of collecting aid in the form of funds", states the opinion signed by the Deputy Protector Snežana Mijušković.
The opinion points out that the children's right to privacy, to the protection of personal data, which is guaranteed by the Constitution, has been violated.
"Also, this kind of behavior, encroaching on a child's private life, calls into question the right to family life guaranteed by the European Convention on Human Rights and Fundamental Freedoms."
In the institution of the Protector, they concluded that showing children, with which act in later life the children would not agree, is not necessary for the humanitarian action to achieve its goal.
"The fact is that the appearance of children in any shows causes emotional reactions in the viewers. Explicitly showing children and their family environment and revealing their place of residence can have multiple negative effects on children's development and their safety. We remind you that in specific cases, a technical possibility could be used - blurring (so-called blurring) the face of minors in order to protect their privacy. However, by acting in this way, children are exposed to degradation, they are marked in the environments in which they live, and one gets the impression that they are being abused for the sake of profit, i.e. viewership," the opinion reads.
The protector pointed out that RTCG, as a public service, does not notice the possible consequences that children experience or may experience in peer groups, nor the stigmatization that follows them forever.
"This is a particularly sensitive issue because, unlike adults, children are not legally able to file reports and lawsuits for violation of their privacy/dignity, but it is left to their parents/guardians, who in specific cases have given their consent to children post. It is the obligation of media service providers to take care of the protection of the rights of minors as well as the regulatory body - the Agency for Electronic Media", this institution points out.
In its statement, RTCG referred to the Rulebook on program standards, which states that minors and vulnerable persons will not be questioned about private matters without the written consent of their parents or guardians, except in cases of pointing out the difficult situation of minors or vulnerable persons, whose primary goal is to animate public for the purpose of providing assistance.
"However, the RTCG disregards paragraph 2 of the cited article, which stipulates that the identity and personal data of minors or vulnerable persons may not be disclosed in cases where there is reasonable suspicion that their publication could endanger their interest or dignity. RTCG also points out, in accordance with that Rulebook, that minors can directly participate or be involved in program content with the prior written consent of their parents/guardians. It follows that the goal - raising funds for the family justifies showing the children and their family home with the consent of the parents. However, the aforementioned Rulebook cannot have a greater normative force than the Law, which treats this topic in a different way", the institution of the Protector emphasizes.
They also remind that confirmed and published international agreements and generally accepted rules of international law have greater legal force, which, according to the Constitution of Montenegro, have primacy over domestic legislation and are directly applied when they regulate relations differently from internal legislation.
"The fact is that in the previous period, various broadcasters showed this format of the show, also with children. However, bearing in mind that the Protector does not have a mandate to act in relation to private media, through public announcements he appealed that the media report on children with care, respecting their dignity, best interests, as well as the right to protect their privacy", this institution points out. .
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