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Section 1: Protecting the Under-Eighteens

Relevant legislation includes, in particular, sections 3(4)(h) and 319(2)(a) and (f) of the Communications Act 2003, Article 22 of the Television Without Frontiers Directive, Article 10 of the European Convention on Human Rights.)

This section must be read in conjunction with Section Two: Harm and Offence.

Principle

To ensure that people under eighteen are protected.

Rules

Scheduling and content information

1.1 Material that might seriously impair the physical, mental or moral development of people under eighteen must not be broadcast.

1.2 In the provision of services, broadcasters must take all reasonable steps to protect people under eighteen. For television services, this is in addition to their obligations resulting from the Television Without Frontiers Directive (in particular, Article 22, see Appendix 2).

1.3 Children must also be protected by appropriate scheduling from material that is unsuitable for them.

Meaning of “children”:
Children are people under the age of fifteen years.

Meaning of “appropriate scheduling”:
Appropriate scheduling should be judged according to:

the nature of the content;
the likely number and age range of children in the audience, taking into account school time, weekends and holidays;
the start time and finish time of the programme;
the nature of the channel or station and the particular programme; and
the likely expectations of the audience for a particular channel or station at a particular time and on a particular day.

1.4 Television broadcasters must observe the watershed.

Meaning of “the watershed”:
The watershed only applies to television. The watershed is at 2100. Material unsuitable for children should not, in general, be shown before 2100 or after 0530.

On premium subscription film services which are not protected as set out in Rule 1.22, the watershed is at 2000. There is no watershed on premium subscription film services or pay per view services which are protected as set out in Rule 1.22 and 1.23 respectively.

1.5 Radio broadcasters must have particular regard to times when children are particularly likely to be listening.

Meaning of “when children are particularly likely to be listening”:
This phrase particularly refers to the school run and breakfast time, but might include other times.

1.6 The transition to more adult material must not be unduly abrupt at the watershed or after the time when children are particularly likely to be listening. For television, the strongest material should appear later in the schedule.

1.7 For television programmes broadcast before the watershed, or for radio programmes broadcast when children are particularly likely to be listening, clear information about content that may distress some children should be given, if appropriate, to the audience (taking into account the context).

(For the meaning of “context” see Section Two: Harm and Offence.)

The coverage of sexual and other offences in the UK involving under-eighteens

1.8 Where statutory or other legal restrictions apply preventing personal identification, broadcasters should also be particularly careful not to provide clues which may lead to the identification of those who are not yet adult (the defining age may differ in different parts of the UK) and who are, or might be, involved as a victim, witness, defendant or other perpetrator in the case of sexual offences featured in criminal, civil or family court proceedings:

by reporting limited information which may be pieced together with
other information available elsewhere, for example in newspaper reports (the ‘jigsaw effect’);
inadvertently, for example by describing an offence as “incest”; or
in any other indirect way.

(Note: Broadcasters should be aware that there may be statutory reporting restrictions that apply even if a court has not specifically made an order to that effect.)

1.9 When covering any pre-trial investigation into an alleged criminal offence in the UK, broadcasters should pay particular regard to the potentially vulnerable position of any person who is not yet adult who is involved as a witness or victim, before broadcasting their name, address, identity of school or other educational establishment, place of work, or any still or moving picture of them. Particular justification is also required for the broadcast of such material relating to the identity of any person who is not yet adult who is involved in the defence as a defendant or potential defendant.

Drugs, smoking, solvents and alcohol

1.10 The use of illegal drugs, the abuse of drugs, smoking, solvent abuse and the misuse of alcohol:

must not be featured in programmes made primarily for children unless there is strong editorial justification;
must generally be avoided and in any case must not be condoned, encouraged or glamorised in other programmes broadcast before the watershed, or when children are particularly likely to be listening, unless there is editorial justification;
must not be condoned, encouraged or glamorised in other programmes likely to be widely seen or heard by under-eighteens unless there is editorial justification.

Violence and dangerous behaviour

1.11 Violence, its after-effects and descriptions of violence, whether verbal or physical, must be appropriately limited in programmes broadcast before the watershed or when children are particularly likely to be listening and must also be justified by the context.

1.12 Violence, whether verbal or physical, that is easily imitable by children in a manner that is harmful or dangerous:

must not be featured in programmes made primarily for children unless there is strong editorial justification;
must not be broadcast before the watershed or when children are particularly likely to be listening, unless there is editorial justification.

1.13 Dangerous behaviour, or the portrayal of dangerous behaviour, that is likely to be easily imitable by children in a manner that is harmful:

must not be featured in programmes made primarily for children unless there is strong editorial justification;
must not be broadcast before the watershed, or when children are particularly likely to be listening, unless there is editorial justification.

(Regarding Rules 1.11 to 1.13 see Rules 2.4 and 2.5 in Section Two: Harm and Offence.)

Offensive language

1.14 The most offensive language must not be broadcast before the watershed or when children are particularly likely to be listening.

1.15 Offensive language must not be used in programmes made for younger children except in the most exceptional circumstances.

1.16 Offensive language must not be broadcast before the watershed, or when children are particularly likely to be listening, unless it is justified by the context. In any event, frequent use of such language must be avoided before the watershed.(Regarding Rules 1.14 to 1.16 see Rule 2.3 in Section Two: Harm and Offence.)

Sex

1.17 Representations of sexual intercourse must not occur before the watershed, or when children are particularly likely to be listening, unless there is a serious educational purpose. Any discussion on, or portrayal of, sexual behaviour must be editorially justified if included before the watershed, or when children are particularly likely to be listening, and must be appropriately limited and inexplicit.

Nudity

1.18 Nudity before the watershed must be justified by the context.

Exorcism, the occult and the paranormal

1.19 Demonstrations of exorcisms, occult practices and the paranormal (which purport to be real), must not be shown before the watershed or when children are particularly likely to be listening. Paranormal practices which are for entertainment purposes must not be broadcast when significant numbers of children may be expected to be watching, or are particularly likely to be listening. (This rule does not apply to drama, film or comedy.)(See Rules 2.6 to 2.8 in Section Two: Harm and Offence and Rule 4.7 in Section Four: Religion.)

Films, premium subscription film services, pay per view services, adult-sex material on premium subscription services

1.20 No film refused classification by the British Board of Film Classification (BBFC) may be broadcast unless it has subsequently been classified or the BBFC has confirmed that it would not be rejected according to the standards currently operating. Also, no film cut as a condition of classification by the BBFC may be transmitted in a version which includes the cut material unless:

the BBFC has confirmed that the material was cut to allow the film to pass at a lower category; or
the BBFC has confirmed that the film would not be subject to compulsory cuts according to the standards currently operating.

1.21 BBFC 18-rated films or their equivalent must not be broadcast before 2100 on any service (except for pay per view services), and even then they may be unsuitable for broadcast at that time.

1.22 Premium subscription film services may broadcast up to BBFC 15-rated films or their equivalent, at any time of day provided:

there is a protection system (a mandatory PIN or other equivalent protection) pre-2000 and post-0530, that seeks satisfactorily to restrict access solely to those authorised to view when material other than BBFC U-rated or PG-rated or their equivalents is shown; and
those security systems which are in place to protect children are clearly explained to all subscribers.

1.23 Pay per view services may broadcast up to BBFC 18-rated films or their equivalent, at any time of day provided:

there is a protection system pre-2100 and post-0530 (a mandatory PIN or other equivalent protection), that seeks satisfactorily to restrict access solely to those authorised to view when material other than BBFC U-rated or PG-rated or their equivalents is shown;
information is provided about programme content that will assist adults to assess its suitability for children;
there is a detailed billing system for subscribers which clearly itemises all viewing including viewing times and dates; and
those security systems which are in place to protect children are clearly explained to all subscribers.

1.24 Premium subscription services and pay per view/night services may broadcast ‘adult-sex’ material between 2200 and 0530 provided that in addition to other protections mentioned above:

there is a mandatory PIN protected encryption system, or other equivalent protection, that seeks satisfactorily to restrict access solely to those authorised to view; and
there are measures in place that ensure that the subscriber is an adult.

1.25 BBFC R18-rated films or their equivalent must not be broadcast.

The involvement of people under eighteen in programmes

1.26 Due care must be taken over the physical and emotional welfare and the dignity of people under eighteen who take part or are otherwise involved in programmes. This is irrespective of any consent given by the participant or by a parent, guardian or other person over the age of eighteen in loco parentis.

1.27 People under eighteen must not be caused unnecessary distress or anxiety by their involvement in programmes or by the broadcast of those programmes.

1.28 Prizes aimed at children must be appropriate to the age range of both the target audience and the participants.(See Rule 2.11 in Section Two: Harm and Offence.)

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