The Child Protection Framework
Children and young people require enhanced protection in journalism because they lack the full legal and cognitive capacity to assess the long-term consequences of media exposure. IPSO Editors’ Code Clause 6 is the primary regulatory framework for print and online publishers: it prohibits interviewing or photographing a child under 16 on subjects involving their own or another child’s welfare without parental or guardian consent. Clause 6 also requires journalists to take care to avoid identifying child victims of crime and not to approach children at school without consent.
For broadcast journalism, Ofcom Broadcasting Code Section 1 (Protecting the Under-Eighteens) and Section 7 (Fairness) apply. Ofcom requires that children’s welfare is protected and that they are not used in programming in ways that are unfair or harmful. The BBC Editorial Guidelines include detailed provisions on interviewing children, child interviewees in news, and the prohibition on broadcasting content that identifies child victims of crime.
The NUJ Code requires journalists to act with particular care when dealing with children and young people, and to take their vulnerability into account. The NSPCC provides guidance on responsible media coverage of child-related issues. Section 1 of the Sexual Offences (Amendment) Act 1992 creates a lifelong legal prohibition on identifying child victims of sexual offences.
Age-Based Consent Framework
Under 16 — Full parental consent required
For children under 16, IPSO Clause 6 requires parental or guardian consent before the child is interviewed or photographed on subjects involving their welfare or another child's welfare. The child's own assent should also be sought: a child who does not wish to participate should not be pressured to do so even with parental consent. The parental consent requirement applies in public spaces if the story relates to the child's welfare.
16-17 — Parental consent recommended
IPSO Clause 6 specifically covers under-16s. For 16-17 year olds, the young person has greater legal capacity, but NUJ and IPSO guidance recommends seeking parental consent wherever practicable, particularly on sensitive or welfare subjects. The young person's own consent is always required. Do not rely solely on parental consent: the young person must agree to participate.
Child victims of crime — identification prohibited
IPSO Clause 6 requires care to avoid identifying child victims of crime. For sexual offences, the Sexual Offences (Amendment) Act 1992 s.1 creates a lifelong prohibition on publishing material likely to identify the victim, continuing into adulthood unless the victim (at 18+) waives anonymity in writing.
Young people in court proceedings
The Children and Young Persons Act 1933 s.39 allows courts to prohibit identification of under-18s in proceedings. Youth courts sit in private; reporting restrictions apply automatically. Identifying a defendant under 18 in youth court proceedings without an s.39 order lifted is a criminal contempt.
Red Flags
- ⚠Interviewing or photographing an under-16 on welfare subjects without parental consent
- ⚠Obtaining parental consent but failing to seek the child's own assent
- ⚠Photographing children at school without prior arrangement and parental consent
- ⚠Publishing material that could identify a child victim of crime or sexual offence
- ⚠Identifying a young defendant in youth court proceedings without checking reporting restrictions
- ⚠Accessing children on social media without awareness that the account holder may be under 16
- ⚠Publishing images of children obtained from family social media without consent
Children Reporting Checklist
Reporting Restrictions & Consent Tools
Use the Reporting Restrictions Checklist to verify court-imposed anonymity orders, and the Defamation Risk Checklist where child identification may give rise to other legal risks.
Common Mistakes
- ›Treating school as a neutral public space: Schools are responsible for children in their care and can be held accountable if a journalist gains inappropriate access. Approaching children on school premises without arrangement and parental consent puts both the school and the journalist in an ethically and potentially legally difficult position.
- ›Conflating parental consent with child consent: A parent who consents on behalf of their child is not giving the child's own consent. A child who is uncomfortable, distressed, or reluctant during an interview should not be pushed to continue simply because a parent has agreed.
- ›Assuming social media images are freely usable: Images of children posted by parents or family members on social media are not in the public domain for unlimited publication. Using them to illustrate a news story — particularly a story about the child — requires consent and careful consideration of whether identification serves the public interest.
- ›Failing to check court reporting restrictions: Youth court restrictions are automatic. Crown Court restrictions on children require a s.45 order under the Youth Justice and Criminal Evidence Act 1999, but these are common. Always verify restriction status before naming or identifying any under-18 in court proceedings.
Related Guides
Primary Sources
- IPSO Editors’ Code of Practice — Clause 6 (Children)
- Ofcom Broadcasting Code — Section 1 (Protecting the Under-Eighteens)
- NSPCC — Guidance on Responsible Media Coverage of Children
- NUJ Code of Conduct — Children and Vulnerable Individuals
- Sexual Offences (Amendment) Act 1992, Section 1 — Victim Anonymity