Section 9: Children and Young People as Contributors - Guidelines
Section 9.4
Informed Consent for Children and Young People
9.4.1 When featuring under-18s in BBC output as contributors, content makers should normally ensure their willingness to participate and any refusal to take part should be respected.
Information should be delivered in a way they can understand and should include any likely positive and negative consequences of participation, in addition to other details necessary for obtaining informed consent.
(See Section 6 Fairness: 6.4.1-6.4.11)
9.4.2 Children may find it difficult to contradict an adult's suggestion to participate so it is important to make clear to the child that it is acceptable to agree or disagree when asked to participate.
Parental Consent
9.4.3 Parental consent means the informed consent of a parent, legal guardian, or other person aged 18 or over acting in loco parentis, including a head teacher.
In addition to establishing the child or young person's willingness to participate, parental consent should normally be sought before interviewing anyone under the age of 16, or otherwise involving them in output. This applies wherever in the world content makers are working. It may not be necessary to obtain parental consent when asking under-16s to speak on non-sensitive subjects where it is not controversial for them to hold and express their views.
However, the younger or more vulnerable the child and the more sensitive the subject matter, the more likely it is that parental consent is essential. Parental consent should be obtained if children are asked for views on matters likely to be beyond their capacity to answer properly.
(See 9.2.1-9.2.3)
(See Section 6 Fairness: 6.4.1-6.4.11)
9.4.4 Due care should be exercised in deciding whether an under-18 is able to indicate their willingness to participate in content. For those aged 16 and 17 it may still be appropriate to seek parental consent, depending on the circumstances of the young person and the nature of the programme and contribution, including whether the content is sensitive or the contributor could be considered vulnerable. It may also be appropriate to seek parental consent for performers aged 16 and 17 if they are being asked to perform or to be present in scenes featuring potentially harmful or offensive content.
Where parental consent is required and parents are estranged, consent should be obtained from the parent with whom the under-18 normally resides and who has parental responsibility. However, consideration should be given to the extent of the other parent's involvement and, where not seeking their consent, any reasonable objections they may have should be listened to.
Where another person or the local authority has parental responsibility for the child or young person, content makers should normally obtain their consent depending on the circumstances of the case and the subject matter.
9.4.5 Mandatory Referral: Any proposal to continue with the contribution of a child or young person after a refusal of parental consent, or in the absence of it, must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor. Editorial Policy should also be consulted.
Approval will normally only be given:
- if this is justified in the public interest[7] or
- when giving the under-18 freedom of expression and
- if it is in their interest to participate.
9.4.6 Where appropriate, consent should also be sought from a parent or person acting in loco parentis, about the amount of identifying information to include about a child. If a young person is 16 or 17 it may still be appropriate in some cases to seek consent from a parent about how much identifying information to include, depending on the young person's circumstances and the nature of the programme and contribution, including when the content is sensitive or where the contributor could be considered vulnerable.
(See 9.4.20-9.4.21)
9.4.7 Children and young people are often eager to contribute to output, but many lack the judgement necessary to assess the longer-term impact it could have on their lives. Parents may also not understand the full implications of their child taking part.
An assessment must be made about whether it is appropriate for an under-18 to contribute to BBC output, irrespective of parental consent or the individual's assent. The contribution must not proceed if to do so would be harmful to the welfare of the under-18 or would otherwise not meet the standards of the Editorial Guidelines.
(See 9.4.29-9.4.33)
9.4.8 Where potential risks to an under-18 contributor have been identified in relation to their contribution to BBC content, the parent/guardian should normally be provided with relevant information about those potential risks and any steps that will be taken to mitigate them. It may be helpful to keep written records of discussions with the parent/guardian of contributors, in addition to informed consent in writing.
9.4.9 When under-18s submit user-generated content or when they are asked for personal information online, content makers must select the standard of proof of parental consent that is appropriate, taking into account the sensitivity of the subject matter and the age of the individual.
(See guidance: Interacting with Children and Young People Online)
9.4.10 When children are invited to interact with the BBC using phone, text or other technology that costs money, they must be prompted to seek permission from the bill payer.
9.4.11 Archive content featuring children when they were unable to give informed consent may become more sensitive over time. This should be considered when re-using such material.
(See Section 13 Use of BBC Content After Publication or Broadcast: 13.4.14-13.4.15)
Safeguarding the Welfare of Children and Young People
9.4.12 Content makers should apply the principles of the BBC Safeguarding Policy in their dealings with children and young people.
9.4.13 All children and young people have a right to protection from harm and abuse.
Mandatory Referral: If, in the course of their work, content makers suspect that a person under-18 may be at risk, or they are alerted to a child welfare issue, they must refer it promptly to the BBC Safeguarding Team[8] or, for independent production companies, to the commissioning editor.
If there is concern about an adult, including a member of staff, working with a child, the situation must be referred promptly to the Head of Safeguarding[9] or Head of Corporate Investigations[10] or, for independent production companies, to the commissioning editor.
9.4.14 Mandatory Referral: If a child is in immediate danger or requires medical attention, dial emergency services and ask for the appropriate emergency service. The BBC Head of Safeguarding[11] or, for independent production companies the commissioning editor, should be informed urgently.
9.4.15 Mandatory Referral: Any online safeguarding concerns about under-18s, whether related to online grooming or child abuse images, must be referred to the BBC Safeguarding Team[12] immediately. Any images must not be shared.
The Safeguarding or Corporate Investigations[13] Team will advise further once the referral has been made.
(See guidance: Interacting with Children and Young People Online)
Duty of Care towards Children and Young People
9.4.16 Due care must be taken over the physical and emotional welfare and the dignity of under-18s who take part or are otherwise involved in editorial content, irrespective of any consent given by them or by a parent, guardian or other person over the age of 18 acting in loco parentis. Their welfare must take priority over any editorial requirement.
(See guidance: Working with Children and Young People as Contributors)
Due care is the level of care that is appropriate in the particular circumstances. It is assessed by taking into account the nature of the editorial content and the nature and degree of the child's or young person's involvement, along with other relevant factors. These factors might include age, maturity, personal circumstances, previous life experiences and capacity to make judgements about their participation and its likely consequences. Content makers should not assume that every under-18 will respond in the same way when participating in content.
9.4.17 As part of due care requirements, in some circumstances it may be appropriate to check the individual's social, family, health and educational circumstances and/or to seek advice from an expert on the likely impact of participation on the individual.
(See 9.4.30)
9.4.18 When planning to work with children and young people a 'contributor due care' risk assessment must be carried out to identify any significant risk of harm.
(See Section 6 Fairness: 6.4.24)
Demonstrating Due Care
9.4.19 If it could appear to audiences that a child or young person may have been put at risk as a result of contributing to BBC content this may exceed audience expectations. Content makers should consider providing information to mitigate this.
(See Section 5 Harm and Offence: 5.4.49)
Identifying Children and Young People
9.4.20 Decisions about whether and how to identify a child or young person in output require editorial judgement.
It is important that children and young people have the right to self-expression. This right must be balanced with the requirement to safeguard their welfare. Editorial justification for identifying children or young people in content includes:
- when reporting a news item which features or relates to a specific child or children
- when a child deserves recognition for their achievements
- when the child or young person is already a public figure.
Where it is appropriate to identify a child or young person, the information disclosed must not put them at risk of harm.
Identifying features include name, age, location, school and specific details about their family or life. Content makers should consider whether it is appropriate to limit the range of identifying features included.
(See 9.4.6)
(See guidance: Working with Children and Young People as Contributors)
9.4.21 If an under-18's location should not be disclosed, it must not be revealed inadvertently by 'jigsaw identification'. This is when several pieces of information can be pieced together to make it easy to identify and locate the person. Avoiding the 'jigsaw effect'; should take account of information already in the public domain.
(See Section 6 Fairness: 6.4.34)
(See guidance: Working with Children and Young People as Contributors)
9.4.22 When considering whether or not to identify under-18s involved in anti-social or criminal behaviour, the consequences of identification, their age, and the seriousness of their behaviour should be balanced with the public interest[14] in identification and the BBC's freedom of expression. However, under-18s should not normally be identified when such behaviour is only being featured by way of illustration.
There may also be legal reasons for not identifying an under-18, including someone involved in court proceedings.
Mandatory Referral: When considering whether to identify a child or young person who is the subject of an order relating to their behaviour, has a conviction or is involved in court proceedings, Programme Legal Advice and Editorial Policy must be consulted.
The situation regarding the reporting of court proceedings may differ in Scotland and advice is available from the Legal Director, Scotland.
(See Section 6 Fairness: 6.4.3, Section 8 Crime and Anti-Social Behaviour: 8.4.13 and 8.4.31-8.4.32 and Section 18 The Law: 18.4.3)
Under-18s whose parents are engaged in anti-social or criminal activity should only be identified if the welfare of the child will not be harmed and if it is editorially justified.
Protecting Children and Young People Online
9.4.23 Protecting children and young people online is a shared responsibility for the BBC, parents/guardians and the under-18 concerned.
(See guidance: Interacting with Children and Young People Online)
9.4.24 Children and young people have a right to a voice but must not be encouraged to participate in online spaces when they are younger than the minimum age requirement of the site.
9.4.25 When children access BBC online services, parental consent may be needed for some activities, such as commenting or voting. There may be additional data protection considerations where the personal data of children is being collected. For further advice, consult the Data Protection Handbook[15] and Information Rights.
9.4.26 When online content is likely to appeal to a high proportion of children and young people, content makers should provide links to relevant advice to help them understand and minimise the risks they face online, including on social media platforms. Safety information should be prominent, accessible and clear.
(See Section 17 Competitions, Votes and Interactivity: 17.4.55-17.4.63)
(See guidance: Interacting with Children and Young People Online)
9.4.27 BBC Online spaces aimed at under-18s should normally be pre-moderated.
Mandatory Referral: Any proposal not to pre-moderate BBC online spaces aimed at under-18s must be referred to Editorial Policy who will consider whether the proposed form of moderation would offer an appropriate level of child protection.
Content for under-18s should not include links to unmoderated spaces.
Personal Information
9.4.28 Content makers should not request more personal information from children and young people than is necessary. Any personal information must be stored and disposed of according to the BBC Data Protection Policy.[16]
Mandatory Referral: Any proposal to reveal an under-18's personal details to a third party without their consent must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should consult Editorial Policy, Safeguarding, and Information Rights.
Approval will normally only be given:
- for safeguarding and child protection reasons or
- where a public interest[17] outweighs the expectations of privacy or
- where there is a legal requirement to provide the information.
(See Section 7 Privacy: 7.4.58-7.4.63)
For any requests from third parties for release of untransmitted content, see Use of BBC Content After Publication or Broadcast.
(See Section 13 Use of BBC Content After Publication or Broadcast: 13.4.36-13.4.41)
The Impact of a Contribution
9.4.29 Under-18s must not be caused unjustified distress or anxiety by their involvement in output or by the publication or broadcast of that output.
Involvement by under-18s in BBC output must be editorially justified; consents should be obtained as appropriate to their circumstances and the nature of the contribution and content, and support should be given where necessary.
9.4.30 Even when parental consent has been secured there must be consideration of the impact and possible consequences of any content which involves a child or young person, at all stages of the production process. This includes the period after first publication or broadcast and any continued availability on online platforms; appropriate measures must be put in place where necessary. This applies both when the BBC has approached the under-18 and when they have approached the BBC, including with user-generated content. Content makers should consider the potential negative impact of social media on the under-18 and advise them and their parents/guardians accordingly.
Procedures, risk assessments and contingencies for the impact of participating on an individual's emotional and mental well-being and welfare may be appropriate in some circumstances. Records of these and other documents, including details of checks, correspondence and concerns, should only be kept as long as they are relevant.
In some circumstances it may be appropriate to retain an expert, whose advice was sought prior to participation, throughout the production as part of due care requirements.
Content makers should consider whether the format of output is likely to have a heightened impact on under-18 contributors – such as high-impact surprises in live content – and consider whether it is appropriate or if mitigations can be put in place.
In scripted output, it may be appropriate to create a redacted script for a child or young person. They should not normally be present at read-throughs or on set during the recording of content that may be inappropriate for a child or young person.
(See 9.4.16-9.4.18)
(See guidance: Working with Children and Young People as Contributors)
9.4.31 The BBC normally works with children in the presence of those responsible for their supervision, although circumstances may vary. When sensitive issues are being discussed with an under-18, it may be advisable to have someone there who is familiar to them and who can help safeguard their interests. It may be appropriate for other expert support to be available for them during the production process.
9.4.32 It may be appropriate for content makers to keep in touch with the child or young person's parent/guardian after broadcast or publication to check on any impact and whether follow-up support is needed. Any aftercare should be proportionate to the ongoing risks identified and have clear boundaries and time frames.
9.4.33 Children and young people should be given a voice but content makers must also be alert to the risk that they might try to please, exaggerate, or report hearsay as fact. Criminal or anti-social behaviour should not go unchallenged.
(See Section 8 Crime and Anti-Social Behaviour: 8.4.14-8.4.20)
Licensing of Child Performers
9.4.34 In law, performances by under-16s (and some 16-year-olds still in full-time education) should normally be licensed by the relevant local authority in England, Scotland or Wales or by the relevant education authority in Northern Ireland. Internationally, local laws should normally be complied with. Children taking part in a performance must also, at all times during the engagement, be in the care of a chaperone. BBC Safeguarding Policy stipulates that a professional licensed chaperone must be employed whenever a child or young person is being used under the Child Performance Regulations. The BBC Safeguarding Team can offer further advice.
Footnotes
- [7] See Section 1 The BBC's Editorial Standards: 1.3 The Public Interest ↩
- [8] [email protected], see Safeguarding Contact Us site: available on Gateway for BBC staff or via commissioning editors for independent producers. ↩
- [9] [email protected], see Safeguarding Contact Us site: available on Gateway for BBC staff or via commissioning editors for independent producers. ↩
- [10] See Corporate Investigations site: available on Gateway for BBC staff or via commissioning editors for independent producers ↩
- [11] [email protected], see Safeguarding Contact Us site: available on Gateway for BBC staff or via commissioning editors for independent producers. ↩
- [12] [email protected], see Safeguarding Contact Us site: available on Gateway for BBC staff or via commissioning editors for independent producers. ↩
- [13] See Corporate Investigations site: available on Gateway for BBC staff or via commissioning editors for independent producers ↩
- [14] See Section 1 The BBC's Editorial Standards: 1.3 The Public Interest ↩
- [15] See Data Protection Handbook: available on Gateway for BBC staff or via commissioning editors for independent producers ↩
- [16] See Data Protection Handbook: available on Gateway for BBC staff or via commissioning editors for independent producers ↩
- [17] See Section 1 The BBC's Editorial Standards: 1.3 The Public Interest ↩