Media plays a crucial role in informing the public and raising awareness about important issues. However, when reporting on children,  the media must navigate a complex set of legal and ethical responsibilities to safeguard the rights and well-being of young individuals, and executing this lies in the hands of journalists. Children are particularly vulnerable, and the role of journalists goes beyond merely telling a story; it requires thoughtful consideration to prevent harm, exploitation, or the imposition of undue stigma.

In cases involving child victims, the journalist’s role is particularly delicate, as any lapse in judgment can have lasting psychological, emotional, and social consequences for the child. Laws in Sri Lanka, such as the Penal Code, the National Child Protection Authority Act, and regulations under the Children and Young Persons Ordinance, emphasize stringent measures to protect the identities of child victims and ensure their rights are upheld during legal and media processes. These legal frameworks underscore the critical need for confidentiality and sensitivity in reporting on child sexual abuse.

Media accountability scholar Denis McQuail’s concept of “accountable communication” provides an essential lens through which journalists can navigate these challenges. McQuail highlights that journalists must take responsibility for the consequences of their publications, remain attuned to societal expectations, and act as custodians of public interest. In the context of reporting on child victims, this means adopting practices that not only inform the public but also protect children from retraumatization, discrimination, or re-victimization.

By adhering to these legal and ethical guidelines, journalists can serve as advocates for child victims, amplifying their plight while ensuring they are shielded from further harm. Furthermore, responsible reporting can raise public awareness about child sexual abuse, encourage preventive measures, and hold perpetrators accountable, contributing to a safer and more informed society. In doing so, journalists uphold both their professional integrity and their obligation to protect the most vulnerable among us.

Building on the foundation of ethical journalism outlined earlier, Sri Lanka has established a robust legal framework and complementary measures to protect children, particularly in cases involving sexual assault. These efforts underscore the nation’s commitment to safeguarding children’s rights and ensuring their dignity is upheld in every sphere, including media coverage.

As a signatory to the United Nations Convention on the Rights of the Child (CRC) since 1991, Sri Lanka has embraced global standards for child protection. The CRC serves as a critical framework, emphasizing the need to shield children from violence, exploitation, and abuse while promoting their right to survival, development, and participation. Building on this commitment, Sri Lanka introduced the Children’s Charter in 1992, reflecting the principles enshrined in the CRC within a local context.

 

To reinforce these protections further, the government enacted the National Child Protection Authority Act No. 50 of 1998, which led to the establishment of the National Child Protection Authority (NCPA). This pivotal institution plays a key role in preventing child abuse, ensuring justice for victims, and monitoring the implementation of child protection laws. Crucially, the NCPA works in collaboration with media organizations, emphasizing ethical reporting standards that protect the identity and dignity of child victims.

Moreover, the Sri Lankan Constitution provides an overarching safeguard for children through its fundamental rights provisions. These protections ensure that children are treated with equality and shielded from discrimination, forming the backbone of the country’s child protection mechanisms.

In addition to these legal instruments, Sri Lanka has implemented various non-legal measures to create a protective environment for children. Public awareness campaigns, educational initiatives, and collaborations with civil society organizations work alongside the legal system to prevent abuse and foster a child-friendly society. These efforts highlight the importance of a collective approach in addressing the challenges of protecting vulnerable children. For journalists, these legal and institutional frameworks provide clear guidance on how to ethically report cases involving children. Adhering to these principles is not just a professional obligation but also a crucial step in protecting children from further harm.

Sri Lanka’s legal framework for protecting children from abuse and exploitation extends beyond safeguarding their physical well-being. The country has implemented various laws to ensure that the media plays a responsible role in reporting on sensitive topics such as sexual violence against children. One of the significant pieces of legislation in this area is the Children & Young Persons (Harmful Publications) Ordinance No. 48 of 1956, which aims to prevent harmful publications from reaching children, ensuring that their exposure to detrimental media content is minimized.

This Ordinance is particularly relevant when discussing how the media handles stories related to sexual violence involving children. It consists of several sections, each designed to prevent publications that could influence children in a harmful way. Under Section 02, the law applies to any book, magazine, or publication likely to fall into the hands of children or young persons. These publications are prohibited if they primarily depict the commission of any crime, acts of violence or cruelty, incidents that are repulsive or horrifying in nature.

Section 03   outlines the penalties for violating the provisions of this Ordinance. Offenders involved in printing, publishing, selling, or distributing harmful publications face fines of up to one thousand rupees or imprisonment for up to six months, or both. This serves as a deterrent, holding publishers, distributors, and media professionals accountable for the content they share with the public. Such penalties ensure that individuals and organizations responsible for disseminating harmful media content are deterred from putting vulnerable children at risk.

 

In the context of sexual violence reporting, this law imposes a clear duty on journalists and media outlets to be vigilant about the materials they circulate. Given the sensitivities surrounding cases of sexual assault involving children, it is essential that the media not only respect the legal requirements regarding victim anonymity but also ensure they do not publish or broadcast harmful content that could inadvertently harm or exploit children. By adhering to these legal provisions, the media can play a constructive role in the fight against sexual violence while protecting the rights and dignity of child victims.

Among the most significant pieces of legislation is the Penal Code of Sri Lanka, which outlines the legal obligations related to child sexual violence and the responsibilities of media personnel in reporting such crimes.

 

One critical section within the Penal Code that pertains to the protection of children from sexual violence is Section 286A. This provision criminalizes any act that involves the employment, coercion, or assistance of a child in obscene or indecent exhibitions, shows, photographs, or films. It is an offense to induce or persuade a child to appear in such materials, or to distribute or possess indecent or obscene content involving children. The law also extends to parents or guardians who may allow or cause their children to be involved in such activities. The punishment for such offenses ranges from a minimum of two years to a maximum of ten years in prison, along with potential fines.

 

Importantly, this section also holds developers of photographs or films accountable. If a developer discovers that any photograph or film they are processing involves a child in indecent or obscene content, they are legally required to report it to the police immediately. Failure to do so results in imprisonment for up to two years, a fine, or both.

 

Section 365C further strengthens the protection of child victims by criminalizing the publication of any information that could reveal the identity of a victim of sexual violence. This includes the publication of names or any other details that could lead to the identification of the victim. Journalists are prohibited from printing or publishing such information, as it could lead to further harm to the victim. The punishment for violating this provision can extend to two years in prison, a fine, or both.

 

However, Section 365C does provide some exceptions. If the publication is authorized by the police for investigative purposes, with the written consent of the victim, or in the case of a deceased victim, the law permits the release of information. For minors, the consent of a parent or guardian is required. This highlights the delicate balance journalists must strike between the public’s right to know and the victim’s right to privacy and protection.

 

Despite these clear legal protections, the media in Sri Lanka sometimes faces challenges in adhering to these provisions. In some cases, the identities of child victims of sexual violence are still published, either unintentionally or due to a lack of understanding of the law. This not only breaches the privacy of victims but also exposes them to further harm, such as societal stigma, retaliation, or re-victimization. This makes it crucial for journalists to be fully aware of their legal obligations and ethical responsibilities when reporting on such cases.

The Online Safety Act No. 9 of 2024 is another significant law that impacts journalism, particularly in the digital space. The act targets online child exploitation, including the sharing of abusive or pornographic content. Section 21 of this act extends its reach to individuals who, through online platforms, commit or facilitate offenses against children, including the publication of child sexual abuse material (CSAM). For journalists operating in the online realm, this law necessitates vigilance in ensuring that any content published does not contribute to the spread of harmful material. It is crucial for journalists to verify their sources and ensure that they are not inadvertently sharing or linking to such content, as doing so could have serious legal consequences.

 

The Online Safety Act also requires that journalists consider the safety and protection of the child in any media coverage. While the public has a right to information, it is vital for journalists to prioritize the protection of the child’s identity and dignity. This is especially critical when dealing with online platforms, where information can easily go viral, and the risks of exploitation and re-victimization are heightened.

Journalists covering legal proceedings involving children must adhere to strict legal obligations to protect the identities of minors, as stipulated under Sri Lanka’s Children & Young Persons Ordinance No. 48 of 1939. These rules aim to safeguard the privacy and dignity of children involved in legal cases, particularly in Juvenile Court and cases related to morality or decency.

 

Under Section 11 of the ordinance, publishing reports on proceedings before a Juvenile Court is prohibited in newspapers, magazines, or other public media. However, exceptions are made for bona fide publications, such as scientific journals or those dedicated to child welfare. Even in such cases, the law mandates that no details leading to the identification of the child—such as name, address, school, or other personal information be revealed.

 

Section 20 extends these protections to cases in other courts that involve offenses against decency or morality. Media outlets are prohibited from disclosing any information that could identify a child or young person involved, whether they are the victim, accused, or a witness. This includes publishing names, addresses, schools, or any other identifiable details.

In a media environment where information flows quickly, the ordinance serves as a crucial reminder for journalists to balance public interest with the protection of vulnerable individuals. By adhering to these rules, the media can play a vital role in safeguarding children’s rights while responsibly informing the public.

The National Child Protection Authority Act No. 50 of 1998, through Section 14, outlines a comprehensive framework for safeguarding children in Sri Lanka from abuse and promoting their overall well-being. The functions of the Authority reflect a multi-faceted approach to addressing child protection concerns.

Primarily, the Authority is tasked with advising the government on the development of a national policy aimed at preventing child abuse and ensuring the protection and rehabilitation of child victims. This includes offering recommendations on preventive measures, legal and administrative reforms, and strategies for implementing the national policy effectively. The Authority plays a pivotal role in creating public awareness about the rights of children to be free from abuse and educating the public on methods to prevent such abuse.

The Act also emphasizes the importance of collaboration with various stakeholders, such as ministries, Provincial Councils, local authorities, and both public and private organizations, to develop and implement necessary measures for child protection. The Authority is further tasked with monitoring the enforcement of child protection laws, overseeing investigations, and tracking criminal proceedings related to child abuse to ensure justice is served.

By leveraging its mandate, the Authority can work to ensure that media reporting aligns with the national policy on child protection, prevents harmful exposure of children in sensitive cases, and promotes ethical journalism practices.

The International Covenant on Civil and Political Rights Act No. 56 of 2007, particularly Section 5(1)(c), establishes a fundamental right for every child to be protected from maltreatment, neglect, abuse, or degradation. This legal provision has a significant impact on journalism, especially when it comes to reporting on children involved in cases of abuse or neglect. Journalists, when covering stories related to children, are legally obligated to ensure that their reporting does not contribute to the maltreatment, degradation, or further harm of the child.

The Personal Data Protection Act No. 09 of 2022 plays a critical role in shaping how journalists handle the personal data of children, especially when it comes to sensitive reporting. Under Schedule II of the Act, the processing of special categories of personal data, which includes data related to children, is tightly regulated. One of the most crucial provisions is that, for a child’s personal data to be processed or shared, explicit consent must be obtained. In the case of children, this consent must come from the child’s parent or legal guardian.

When reporting on children, they are legally bound to ensure that any personal data, such as names, images, locations, or other identifying details is not used without the proper consent from a responsible adult, such as a parent or guardian. This significantly impacts how journalists report on minors involved in cases such as abuse, crime, or other sensitive situations, as it restricts the use of identifying information unless consent is granted.

In addition, the government has recently announced a significant regulation concerning the use of children in commercial advertisements. According to Dr. Harsha Wijemuni, the Deputy Minister of Health and Mass Media, a new directive will prohibit the use of children under the age of 12 in commercial advertisements starting from January 1, 2025. Dr. Wijemuni confirmed that all necessary preparations have been completed to implement this regulation through an official gazette notification.

This move addresses the broader issue of child exploitation, as children are often featured in advertisements to promote unhealthy products and consumer goods, raising ethical and public health concerns. The regulation marks a progressive step toward safeguarding children’s rights and welfare, providing a valuable opportunity to strengthen legal frameworks related to the protection of minors in various domains.

As the media landscape continues to evolve, it is imperative that journalists remain vigilant in upholding the legal obligations set out to protect children. The role of the media in shaping public opinion and influencing social norms comes with immense responsibility. Journalists must be mindful of the potential long-term effects their reporting can have on children and should strive to strike a balance between the need for transparency and the protection of vulnerable individuals. By doing so, they not only fulfill their legal obligations but also contribute to fostering a society that values the safety, dignity, and rights of every child.

In conclusion, the legal and ethical responsibilities of journalists in reporting on children are clear. By respecting the laws that safeguard children’s privacy and well-being, journalists can ensure that their reporting does not inadvertently cause harm. By acting responsibly and ethically, journalists can uphold their role as protectors of the public trust and champions of children’s rights in a constantly changing world.