Second Protocol Governing the Recording or Broadcasting of The Shipman Inquiry 20 September 2002 Introduction The Shipman Inquiry is an independent public inquiry established by the Government under the terms of the Tribunals of Inquiry (Evidence) Act 1921. Permission to record and broadcast stages 2, 3 and 4 of Phase 2 of the Shipman Inquiry proceedings is granted on the terms set out in this protocol. The protocol relates to the recording or broadcasting of those parts of the Inquiry only. Live broadcasting will not be permitted. There will be a time delay of 60 minutes between recording and broadcast. Permission is given solely for the purpose of recording and broadcasting the proceedings on film and sound or by sound only. The Chairman may vary this protocol if the interests of the Inquiry so require. Authority The Chairman of the Inquiry is under no obligation to extend filming or recording facilities to broadcasters. However, recognising the public interest in the issues under investigation, it has been decided to allow the recording and broadcasting of those parts of the Inquiry proceedings specified in paragraph 2 above. At all times the Chairman has the power to instruct that the evidence given by certain witnesses or during specific parts of the proceedings should not be recorded or broadcast. For the avoidance of doubt, this covers both sound and vision. The power will be exercised only if the Chairman considers that there is good reason for doing so. The Chairman's decision on this matter will be final. If, at any point, the Chairman considers that broadcasting or recording is interfering with the proper conduct of the Inquiry then the Chairman may withdraw the permission to record and/or broadcast either temporarily or permanently. Approval Criteria Applicant companies must seek permission from the Chairman of the Inquiry to take part in this project. The Chairman's decision as to whether or not to grant such permission to any individual applicant company will be final. An applicant company is defined as any company seeking permission to record and/or broadcast the Inquiry proceedings. Companies seeking permission must, as a minimum, meet the requirements of the 1990 and 1996 Broadcasting Acts and as appropriate, the codes of practice and guidance issued by The Broadcasting Standards Commission, The Independent Television Commission and The Radio Authority. In cases of doubt, the Inquiry may seek advice from the relevant bodies or authorities. Provision of Pictures and Sound All arrangements for the recording of pictures and sound will be made by the applicant company at no cost to the Inquiry. In order to record the proceedings a switched feed from the Inquiry’s sound and vision system will be supplied. This will be the only means by which a recording can be made. The applicant company will not be permitted to use their own cameras or lighting equipment. Any other additional equipment necessary to record or broadcast the proceedings will be provided by the applicant company and at no cost to the Inquiry. Only one feed per company will be provided. The Inquiry accepts no responsibility for the overall quality of the feed and will not make any recompense should the feed be disrupted for technical or any other reasons. In the event of disruption, best endeavours will be made to resolve the problem as soon as practical, but the proceedings of the Inquiry will not be interrupted save as directed by the Chairman. All equipment and cabling at Manchester Town Hall is left at the applicant company’s own risk. The Inquiry accepts no responsibility for any damage, theft or loss that may occur. Accommodation Access to the sound and vision feed will be provided in a room separate from the hearing chamber. This will be shared by all applicant companies permitted to record or broadcast the Inquiry’s proceedings. If additional space is required by an applicant company for technical, editing or any other purposes then arrangements should be made with the Conference Office at Manchester Town Hall. The cost of any additional accommodation or space will be a matter for the applicant company and will not be met by the Inquiry. Any equipment installed in or on Manchester Town Hall property must not damage the fabric of the building, including fixtures and fittings. Details of all installation proposals, including cabling and installation of satellite dishes, must be submitted for approval to the Inquiry who reserve the right to seek approval from the manager of the conference facilities at Manchester Town Hall prior to any work commencing. The decision of the Conference Manager at Manchester Town Hall on these matters will be final. If external vehicles or equipment are required for recording purposes then permission must first be obtained from the Conference Office at Manchester Town Hall, via the Inquiry’s Communications Manager, before vehicles may be parked within the immediate vicinity of the Town Hall, including Albert Square. The Communications Manager will provide the applicant company with instructions on the procedure to be followed for seeking such permission. Facilities The applicant company may have access to the accommodation where the sound and vision feed is provided at Manchester Town Hall between 8.30am and 6.00pm on any day when the Inquiry is sitting. Sitting days are listed on the Inquiry’s website but, in case of doubt, the Inquiry’s Communications Manager should be consulted. If access outside these times is required then agreement must be obtained from the Inquiry’s Communications Manager. Any additional cost incurred by the Inquiry in order to provide access outside normal sitting day arrangements will be met by the applicant company concerned. All personnel based at Manchester Town Hall for the purposes of recording or broadcasting the Inquiry’s proceedings should be suitably dressed at all times. They should act in such a way as to cause no nuisance to the proceedings of the Inquiry, discourtesy to people attending the Inquiry, Manchester Town Hall employees or Inquiry personnel. Coverage Sound and images will be provided on a switched feed basis from the Inquiry's cameras whose operators will adopt the following rules: The general principle is that camera views and sound will only be of the individual speaking. These are likely to be confined to the Chairman of the Inquiry, Counsel to the Inquiry, legal representatives of other represented parties and the witness. The Chairman reserves the right to direct that camera views and sound include other speakers if appropriate. No camera views will be taken in such a way that allows Inquiry and/or other parties' documents to be read. If a witness becomes distressed then the camera will immediately switch to a general fixed wide-angle view of the chamber. When the hearing is not in session the image will be of a fixed wide-angle view of the chamber. No sound will be relayed. No filming will take place except during public hearings of the Inquiry. Camera views will not be taken of members of the public in the public gallery, nor should views of members of the public elsewhere within the hearing chamber be recorded or broadcast. In the event of a disturbance the cameras will not give prominence to that disturbance but will continue to concentrate, as appropriate, on the Chairman of the Inquiry, Counsel to the Inquiry, witness or the legal representative. If the disturbance persists then, depending on the circumstances, the camera will either switch to the fixed wide-angle view of the chamber or sound and vision will temporarily cease. Broadcasting While recognising the editorial independence of broadcasters the Inquiry expects that material will be used in such a way as to give a fair reflection of the nature of the proceedings and the issues under discussion. The Chairman may instruct that certain parts of recorded material must not be recorded or broadcast. In such circumstances the relevant section of the recording must be physically erased and the action confirmed to the satisfaction of the Inquiry. It is a condition of the entitlement to record or broadcast that none of the recorded material may be used in humorous, satirical or fictional drama programmes, for the purpose of advertising or with any sound other than that recorded at the time, except for simultaneous translation into a foreign language. Signatories to the protocol may place sound and footage on a general news website for up to seven days after recording has taken place, but may not place it on any other website under their control; they must provide with any such material a clear statement that footage of The Shipman Inquiry may not be moved to any other website without the written permission of the Chairman. Material proposed to be used subsequently in documentary format must be submitted to the Chairman who reserves the right to request any material be withdrawn. If the Shipman Inquiry is no longer in being then permission must be sought from the Department of Health who are the sponsoring Government Department for the Inquiry. Permission of the witnesses concerned must also be sought if footage is to be used in documentaries or programmes other than those about the progress of the Inquiry. If requested by the Chairman, the applicant company must make available to the Inquiry, free of charge, a VHS video tape or sound recording tape copy of any material broadcast by that company which includes a recording of the Inquiry's proceedings. Copyright In accordance with the Copyright, Designs and Patents Act 1988, copyright of any recording of the Inquiry proceedings rests with The Crown. Abuse Failure to comply with any of the terms set out in this protocol may result in permission being removed for that company to record or broadcast proceedings and may have the same effect as being in contempt of court. Back to top Published by The Shipman Inquiry © Crown Copyright 2001