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Deontological regulation

The work of our editorial staff of journalists and publicists refers to consolidated text of the duties of the journalist, effective from 1 January 2021, al code of ethics relating to the processing of personal data in the exercise of journalistic activity, To Treviso Charter, Glossary of Rome Charter, To Charter of duties of economic and financial information and the Charter of Florence.

All these documents can be consulted in full on the official website of the order of journalists: https://www.odg.it/leggi-e-norme-deontologia

PRINCIPLES AND DUTIES

Article 1
Freedom of information and criticism

The activity of 365mountainbike, through any communication tool carried out, is inspired by the freedom of expression sanctioned by the Italian Constitution and is regulated by article 2 of law n. 69 of February 3, 1963:

"The freedom of information and criticism is an irrepressible right of journalists, limited by the observance of the laws dictated to protect the personalities of others and it is their imperative obligation to respect the substantive truth of the facts, always observing the duties imposed by loyalty and by good faith. Information that is inaccurate must be corrected and any errors corrected. Journalists and publishers are required to respect professional secrecy regarding the source of the news, when this is required by their fiduciary nature, and to promote the spirit of collaboration between colleagues, cooperation between journalists and publishers, and trust between the press and readers " .

Article 2
Ethical foundations

365mountain bikes:

a) defends the right to information and the freedom of opinion of every person; for this research, it collects, processes and disseminates with the greatest possible accuracy any data or news of public interest according to the substantial truth of the facts;
b) respects the fundamental rights of individuals and observes the legal provisions put in place for their protection;
c) protects the dignity of journalistic work and promotes solidarity between colleagues by taking action so that the performance of each member is fairly remunerated;
d) accepts indications and directives only from the editorial hierarchies, provided that the provisions are not contrary to professional law, the national employment contract and professional ethics;
e) does not adhere to secret associations or in any case in contrast with article 18 of the Constitution nor does it accept privileges, favors, offices, prizes in any form (payments, reimbursement of expenses, donations, gifts, holidays and free travel) that may affect its autonomy and its credibility;
f) respects the prestige and decorum of the Order and its institutions and observes the rules contained in the Consolidated Law;
g) applies the ethical principles in the use of all communication tools, including i social networks;
h) takes care of the professional updating according to the obligations of continuous training. 

365mountainbike recognizes itself in the principles of this Consolidated Law and is not guilty by way of manifest disavowal of the ethical principles that regulate the exercise of the profession, when it has been sanctioned with a decision that can no longer be challenged and is again blamed, within a five-year period from previous disciplinary measure, for having violated the same principle with their behavior. If these conditions are met, the ascertainment of the recurrence of the same disciplinary violation entails the application of at least the immediately more serious sanction.

TITLE II
DUTIES TOWARDS PEOPLE

 Article 3
Personal identity and right to be forgotten

365mountain bikes:

a) respects the right to personal identity and avoids referring to details relating to the past, except when they are essential for the completeness of the information;
b) in disseminating identification data of the condemned person after some time, it also assesses the impact of the publication on the social reintegration path of the person concerned and on the family, especially if joint (father, mother, brother) of persons of minor age;
c) considers that social reintegration is a complex step, which can take place at the end of the sentence or gradually, and uses appropriate terms in all cases in which a prisoner enjoys alternative measures to prison or prison benefits;
d) protects the offender who chooses to expose himself to the media, avoiding identifying him only with the crime committed and enhancing the reintegration path he is carrying out;
e) does not publish the names of those who have suffered sexual violence or provide details that may lead to their identification unless requested by the victims themselves;
f) does not publish the names of the relatives of persons involved in news cases, unless this is essential for understanding the facts, and in any case does not disclose them if their safety is put at risk; does not disclose other elements that make it possible to identify or identify the residence;
g) is cautious in disseminating any element that may lead to the identification of the collaborators of the judicial or public security authorities, especially when this could put their and their families' safety at risk.

Article 4
Deontological rules relating to the processing of personal data in the exercise of journalistic activity

For people 365mountainbike applies the «Deontological rules relating to the processing of personal data in the exercise of journalistic activity published, pursuant to article 20, paragraph 4, of the legislative decree 10 August 2018, n. 101. (Resolution no. 491) ", provided for by Legislative Decree 196/2003 and SS.II. on the protection of personal data, which are an integral part of the Consolidated Law to which it is attached(LINK)

Article 5

Duties towards minors

For minors 365mountainbike applies the "Treviso Charter" which is an integral part of the Consolidated Law (LINK).

Article 5-bis

Respect for gender differences

In cases of femicide, violence, harassment, discrimination and news events, which involve aspects related to sexual orientation and identity, 365mountainbike:

a) pay attention to avoiding gender stereotypes, expressions and images that are harmful to the dignity of the person;
b) abides by respectful, correct and aware language. It sticks to the essentiality of the news and to continence. Be careful not to fuel the spectacularization of violence. He does not use expressions, terms and images that diminish the gravity of the committed crime;
c) ensures, after assessing the public interest in the news, a respectful narration also of the relatives of the people involved.

Article 6

Duties towards weak subjects. Scientific and health information

365mountain bikes:

a) respects the rights and dignity of sick or disabled persons, whether they are carriers of physical, mental, intellectual or sensory impairments, in analogy with what has already been established for minors by the "Treviso Charter";
b) avoid sensationalism in the publication of news on scientific topics that could give rise to fears or unfounded hopes, taking care to indicate the time required for further research and experimentation; moreover, if there is no certainty regarding a topic, it gives an account of the different positions in the field and of the different analyzes in compliance with the principle of completeness of the news;
c) disseminates health and scientific news only if verified with qualified sources of both national and international character as well as with Italian and international research bodies, highlighting any information that turns out to be untrue; d) does not mention the commercial name of drugs and products in a context that can favor their consumption and promptly provides news on those withdrawn or suspended because they are harmful to health

Article 7
Duties towards foreigners

365mountain bikes:

a) adopts legally appropriate terms in relation to foreign persons following the indications of the «Glossary» attached to this document (ANNEX 3), avoiding the dissemination of inaccurate, summary or distorted information regarding asylum seekers, refugees, victims of trafficking and migrants;
b) protects the identity and image, not allowing the identification of the person, asylum seekers, refugees, victims of trafficking and migrants who agree to expose themselves to the media.  

TITLE III
DUTIES IN THE FIELD OF INFORMATION

 Article 8
Judicial news and trials on TV

365mountain bikes:

a) always respects the right to the presumption of innocence. In the event of acquittal or acquittal, it always gives notice of it with appropriate importance and updates what has been previously published, especially with regard to online newspapers;
b) observe the utmost caution in disseminating the names and images of persons indicted for minor offenses or sentenced to very light penalties, except in cases of particular social importance;
c) avoids, in reporting the content of any procedural or investigative act, from citing persons whose role is not essential for understanding the facts;
d) in television broadcasts it respects the principle of contradictory theses, ensuring the presence and equal opportunities in the dialectical confrontation between the subjects who support them - in any case different from the parties that confront each other in the process - guaranteeing the principle of good faith and continence in the correct reconstruction of the events;
e) ensures that the differences between documentation and representation, between news and commentary, between suspect, accused and convicted, between public prosecutor and judge, between accusation and defense, between non-definitive and definitive nature of the measures and decisions in the evolution are clear the stages and degrees of the proceedings and judgments.

Article 9
Duties regarding rectification and respect for sources

365mountain bikes:

a) rectification, even in the absence of a specific request, with timeliness and appropriate relevance, the information that after its disclosure proved to be inaccurate or incorrect;
b) does not give notice of accusations that could damage the reputation and dignity of a person without guaranteeing the opportunity to reply. If this proves impossible, it informs the public;
c) verify, before publishing the notice of a guarantee notice that the interested party is aware of it. If this is not possible, it informs the public;
d) checks the information obtained to ascertain its reliability;
e) respects professional secrecy and gives notice of this circumstance if the sources ask to remain confidential; in all other cases it always mentions them and this obligation persists even when using materials - texts, images, sound - from agencies, other media or social networks;
f) does not accept conditions for the publication or suppression of information;
g) does not omit facts, statements or details essential to the complete reconstruction of an event.

Article 10
Duties in relation to advertising and surveys

365mountain bikes:
a) ensures citizens the right to receive correct information, always distinct from the advertising message through clear indications;
b) does not lend the name, the voice, the image for advertising initiatives. Similar services for advertising initiatives aimed at social, humanitarian, cultural, religious, artistic, trade union purposes are allowed free of charge and upon written communication to the Order to which they belong.
365mountainbike is committed to ensuring that the publication of surveys through the media always contains:
a) subject who carried out the survey and, if carried out with others, the collaborations made use of;
b) criteria followed for identifying the sample;
c) method of information collection and data processing;
d) number of people interviewed and universe of reference;
e) the number of questions asked;
f) percentage of people who answered each question;
g) dates on which the survey was carried out.

 Article 11
Duties regarding economic information

365mountainbike applies the "Charter of duties of economic and financial information" which is an integral part of the Consolidated Law, to which it is attached. (ANNEX 4)

Article 12
Duties regarding sports information

365mountain bikes:

a) does not use violent or aggressive images and expressions. If this is not possible, he points out that the sequences that will be broadcast are not suitable for the public of minors;
b) avoid favoring attitudes that could cause accidents, acts of violence or violations of laws and regulations by the public or fans.
c) if he conducts a live program he immediately dissociates himself from threatening, incorrect, racist attitudes of guests, colleagues, protagonists interested in the event, telephone interlocutors, via internet or via SMS. 

TITLE IV
JOURNALISTIC WORK

Article 13
Solidarity and fair remuneration

In terms of work 365mountainbike respects the "Florence Charter" which is an integral part of the Consolidated Law, to which it is attached (LINK).

Article 14
Press offices

365mountainbike operating in the press offices:

a) separates its task from that of other subjects operating in the field of communication;
b) does not engage in collaborations that lead to conflicts of interest with his office;
c) guarantees full respect for the dialectic and pluralism of political positions in the institutions of an assembly nature.  

TITLE V
SANCTIONS

 Article 15
Applicable standards

The violation of the rules and principles contained in the «Consolidated Law» and integrating the spirit of art. 2 of the law 3.2.1963 n. 69 entails for all members of the Association of Journalists the application of the rules contained in Title III of the aforementioned law.

Article 16
Transitional rule

The “Consolidated Law” enters into force on February 3, 2016. Disciplinary proceedings initiated before that date are defined while maintaining the reference to the previous deontological documents.

ANNEX 1 - CODE OF CONDUCT

Art 1.

General principles

1. These norms are aimed at reconciling the fundamental rights of the person with the right of citizens to information and with the freedom of the press.
2. By virtue of art. 21 of the Constitution, the journalistic profession takes place without authorization or censorship. As an essential condition for the exercise of the right to report, the collection, recording, conservation and dissemination of news on events and events relating to people, collective bodies, institutions, customs, scientific research and movements of thought, implemented in the context of journalistic activity and for the purposes of such activity, they differ clearly by their nature from the storage and processing of personal data by databases or other subjects. The necessary exceptions provided for by recital 153 and art. 85 of the regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter the "regulation") and by the legislative decree of 30 June 2003, n. 196 (Code regarding the protection of personal data, hereinafter the «Code»), as amended by Legislative Decree 10 August 2018, n. 101.

Art 2.

Databases for editorial use and protection of journalists' personal archives

1. 365mountainbike that collects news for one of the operations referred to in art. 4, no. 2, of the regulation discloses one's identity, profession and the purposes of the collection unless this involves risks for her safety or otherwise makes it impossible to exercise the information function; avoids artifice and undue pressure. Once this activity has been made clear, 365mountainbike is not required to provide the other elements of the information referred to in articles 13 and 14 of the regulation.
2. If personal data are collected in databases for editorial use, publishing companies are required to make known to the public, by means of announcements, at least twice a year, the existence of the archive and the place where it is possible to exercise. the rights provided for by the regulation. Publishing companies also indicate among the data of the management the person in charge of the treatment to which the interested parties can contact to exercise the rights provided for by the regulation.
3. The personal archives of journalists, however functional to the exercise of the profession and for the exclusive pursuit of the related purposes, are protected, as regards the sources of the news, pursuant to art. 2 of the law n. 69/1963 and art. 14, par. 5, lett. d), of the regulation, as well as art. 138 of the Code.
4. 365mountainbike can keep the collected data for as long as necessary to pursue the purposes of its profession.

Art 3.

Home protection

1. The protection of the home and other places of private residence extends to places of treatment, detention or rehabilitation, in compliance with the law and the correct use of invasive techniques.

Art 4.

Grinding

1. 365mountainbike corrects errors and inaccuracies without delay, also in compliance with the duty of rectification in the cases and in the ways established by law.

Art 5.

Right to information and personal data

1. In collecting personal data capable of revealing racial and ethnic origin, religious, philosophical or other beliefs, political opinions, membership of parties, trade unions, associations or organizations of a religious, philosophical, political or trade union nature, as well as genetic data, biometric intended to uniquely identify a natural person and data to reveal the health conditions and the sexual sphere, 365mountainbike guarantees the right to information on facts of public interest, respecting the essentiality of the information, avoiding references to joint or to other subjects not interested in the facts.
2. In relation to data concerning circumstances or facts made known directly by the interested parties or through their behavior in public, the right to subsequently adduce legitimate reasons worthy of protection is reserved.

Art 6.

Essentiality of information

1. The disclosure of news of significant public or social interest does not conflict with respect for the private sphere when the information, even detailed, is essential due to the originality of the fact or the relative description of the particular ways in which it occurred, as well as the qualification of the protagonists.
2. The private sphere of known persons or persons who exercise public functions must be respected if the news or data have no bearing on their role or public life.
3. Comments and opinions of 365mountainbike belong to the freedom of information as well as to the freedom of speech and thought constitutionally guaranteed to all.

Art 7.

Protection of the minor

1. In order to protect their personality, 365mountainbike does not publish the names of minors involved in news events, nor does it provide details that can lead to their identification.
2. The protection of the minor's personality extends, taking into account the quality of the news and its components, to facts that are not specifically crimes.

3. The minor's right to privacy must always be considered as primary with respect to the right of criticism and news; if, however, for reasons of significant public interest and without prejudice to the limits of the law, 365mountainbike decides to disseminate news or images concerning minors, it will have to take responsibility for assessing whether the publication is really in the objective interest of the minor, according to the principles and the limits established by the «Treviso Charter».

Art 8.

Protection of the dignity of persons

1. Without prejudice to the essentiality of the information, 365mountainbike does not provide news or publish images or photographs of subjects involved in news events harmful to the dignity of the person, nor does it dwell on details of violence, unless it recognizes the social relevance of the news or image.
2. Except for relevant reasons of public interest or proven legal and police purposes, 365mountainbike does not take or produce images and photos of people in detention without the consent of the person concerned.
3. Persons may not be presented with irons or handcuffs on their wrists, unless necessary to report abuse.

Art 9.

Protection of the right to non-discrimination

1. In exercising the right to report, 365mountainbike is required to respect the right of the person to non-discrimination based on race, religion, political opinion, sex, personal, physical or mental condition.

Art 10.

Protection of the dignity of sick people

1. 365mountainbike, in referring to the state of health of a specific person, identified or identifiable, respects their dignity, the right to privacy and personal decorum, especially in cases of serious or terminal illness, and refrains from publishing analytical data of strictly clinical interest.
2. Publication is allowed in the context of the pursuit of the essentiality of information and always with respect for the dignity of the person if this holds a position of particular social or public importance.

Art 11.

Protection of the sexual sphere of the person

1. 365mountainbike refrains from describing sexual habits referring to a specific person, identified or identifiable. 2. Publication is allowed in the context of the pursuit of the essentiality of information and in respect of the dignity of the person if this holds a position of particular social or public importance.

Art 12.

Protection of the right of the press in criminal proceedings

1. The limit set by art. Does not apply to the processing of data relating to criminal proceedings. 10 of the regulation, as well as by art. 2-octies of the Code. 2. The processing of personal data suitable for revealing provisions pursuant to art. 686, paragraphs 1, letters a) and d), 2 and 3, of the criminal procedure code (1) is admitted in the exercise of the right to press, according to the principles set forth in art. 5.
(1) Art. 686 cpp has been repealed and replaced by art. 3 of the Presidential Decree 14 November 2002, n. 313, to which reference must be made for the purpose of identifying the judicial measures to which the provision refers.

Art 13.

Scope of application, disciplinary sanctions

1. These rules apply to professional journalists, publicists and practitioners and to anyone else, even occasionally, who carries out advertising activities. 2. Disciplinary sanctions, referred to in title III of law no. 69/1963, apply only to persons enrolled in the register of journalists, in the lists or in the register.

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DEONTOLOGICAL LEGISLATION - FACT CHECKING REGULATION - CORRECTIONS
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