4A Protecting Under 18s and Harm and Offence : Offensive Language
Many people are offended by the use of strong language, particularly if its use appears gratuitous. Whether or not audiences consider such language to be justified again turns on a consideration of the context in which it appears, based on the usual factors. In addition, the Code contains some specific rules in relation to offensive language within programmes before the watershed. See also 'Programme Trailers and Promotions ' earlier in this chapter and Channel 4's Compliance Procedure and Five's Compliance Procedure at chapters 2 and 3 respectively.
Before the Watershed
- It is a well-established rule that "the most offensive language" must not be broadcast before the 9pm watershed. This means the words "cunt", "motherfucker" and "fuck" and derivatives of these words e.g. "fucking". They must, therefore, be edited out, bleeped or the sound dipped so that the word is completely obscured. Exceptionally, it may also be necessary to obscure the speaker's mouth where the word is very clearly mouthed straight to camera.
- Other less offensive language e.g. "shit", "bugger" etc. must not be used before the watershed unless it is justified by the context and would not exceed viewers' expectations but, in any event, "...the frequent use of such language before the watershed should be avoided".
- In programmes aimed specifically at younger children, offensive language should only be included in the most "exceptional circumstances".
There exists an unofficial but well-known classification of words which have been ranked according to their potential to cause offence. This was based on research carried out by previous television industry regulators. For example, research showed that the word "bastard" is generally deemed to be offensive and thus, if it is to be included in programmes before 9pm, which it occasionally may be, its use must be clearly justifiable.
A word like "bloody", on the other hand, is generally deemed to be relatively inoffensive and its inclusion, even in a programme watched by large numbers of children, would be unlikely to offend most viewers. However, as noted above, broadcasters must have regard to the ‘cumulative effect' of casual swearing. For example, the inclusion of two or three instances of relatively inoffensive words in a half-hour show at teatime might be considered acceptable, but add to that a couple more within the same programme and that may well cross the line - not because any one individual word is, in itself, unacceptable but because, cumulatively, the frequency of such language would exceed viewers' expectations.
After the Watershed
- After 9pm, whether or not offensive language is justified will depend largely on the audience's expectations and the context e.g. the word in question (how offensive it is), how it's being used (descriptively, as an insult, aggressively, as vernacular etc.), the nature of the programme, time of broadcast etc..
- Generally, frequent use of very strong language e.g. "cunt" or "motherfucker" should be reserved for later in the schedule. However, use of the word "fuck", including its liberal use, is less likely to cause widespread offence even in programmes starting right on the watershed, as long as there is strong editorial justification and viewers are properly forewarned. For programmes that are scheduled to start actually at 9pm, it may be preferable that the use of strong language is avoided in the opening minutes of the programme. See ‘Scheduling and the Watershed' earlier in this chapter.
- Because of its potential to cause widespread offence, use of the word "cunt" requires exceptional justification. In practice, its inclusion is rarely justifiable in any programme close to the watershed and, in particular, before 10pm. Even later in the schedule, it requires exceptional justification.
- Profanities e.g. "Jesus", "Christ Almighty," cause offence to many at whatever time of day they are broadcast and, if included, should be editorially justified bearing in mind the context.
- Profanities coupled with other highly offensive language e.g. "Jesus fucking Christ" tend to cause widespread and serious offence. In the vast majority of cases, such expressions will be unacceptable at any time and will need to be removed either by ‘dipping', ‘bleeping' or editing out the sequence altogether.
- When ‘bleeping' or ‘dipping' the sound to disguise an offensive word, generally the entire word should be obscured, not just part of it. In addition, if the programme in question is transmitting before the watershed and, in spite of the fact that offensive language has been ‘bleeped' or ‘dipped', it is still very clear what the person is saying, it might, in exceptional circumstances, be appropriate to cover the mouth of the person uttering the offensive language with some sort of visual device. Note: this will rarely be necessary and should only be considered where the word is clearly mouthed straight to camera.