4A Protecting Under 18s and Harm and Offence : Protecting Under 18s - FAQ's
Q. What is meant by the term "children"?
A. In compliance terms, "children" are individuals under the age of 15, so when the Code states that material before the watershed should not, in general, be unsuitable for children, this mean viewers under 15. The Code contains a number of rules that relate specifically to children and others that relate to anyone under 18, which of course includes children.
In terms of the law, however, '15' has little significance. In law, '18' is the most significant age in this context, as this is the age at which an individual reaches ‘majority' or adulthood. However, note that in relation to some areas of the law, once an individual reaches 16, this is significant e.g. young people can legally marry, and waive their legal right to anonymity in some circumstances.
The Code says that parental consent should normally be obtained for under 16's taking part in programmes.
Q. Does everything before 9pm have to be suitable for young children?
A. The Code states that "material unsuitable for children (those under 15) should not, in general, be shown before 9pm or after 5.30am". However, what is suitable or unsuitable will depend on a number of factors, so material should always be judged on the basis of the particular context and the likely audience. The Code anticipates that there may be material broadcast before the watershed which potentially could distress children
and that, in such circumstances, broadcasters should flag this up to viewers with clear information about the programme's content. See 'Scheduling and the Watershed ' above.
Q. Can the word "fuck" ever be included in programmes before 9pm?
A. No. The Code states that the "most offensive language", which includes the word "fuck", should never be broadcast before 9pm. It does not matter what the context is or how strong the editorial justification is: if the word "fuck" or any derivate is included within a programme before 9pm, it will amount to a breach of the Code. See 'Offensive Language ' above.
Q. ‘Bleeped' or ‘dipped'? And does a person's mouth also have to be pixelated?
A. It generally makes no difference whether a potentially offensive word is cut, ‘bleeped' or ‘dipped'; the important point is that no part of the offensive word is audible. However, some viewers find numerous bleeps in a pre-watershed programme annoying. It is best to check with your commissioning editor, as they may have a preference from a stylistic point of view. Taking the further precaution of pixelating a person's mouth will only be necessary in very rare cases e.g. when it is patently clear that a person or character is using the most offensive language e.g. someone mouthing "cunt", "motherfucker"or "fuck" directly to camera, at a time when large numbers of children may be expected
to be watching. See 'Offensive Language ' above.
Q. Does nudity always have to be pixelated? What about when it's non-sexual?
A. Whether or not nudity will need to be pixelated will depend on the context in which it appears e.g. the time of transmission, whether it is in a sexual context or not. Before the watershed, nudity in a sexual context is likely to require pixelation although mild non-sexual nudity may be acceptable e.g. topless sunbathing, a brief shot of a naked person from behind. After the watershed, nudity in a non-sexual context, even full-frontal nudity, is unlikely to be problematic or require pixelation. Whether nudity in a sexual context will need to be pixelated again will turn on the level of explicitness and whether
it is justified editorially and by the context. See 'Sex and Nudity ' above.
Q. Can dangerous behaviour ever be included in programmes before 9pm?
A. All dangerous or potentially dangerous behaviour must, of course, be judged in context and be justifiable. Often such behaviour will be justifiable - for example car chases, people jumping out of aeroplanes, extreme sports etc. are all included in many programmes and films that are broadcast before the watershed. The sort of material that is likely to be problematic is dangerous behaviour that is capable of easy imitation by children and which would lead to harm e.g. showing a child playing ‘hide and seek' and hiding in the drum of a washing machine; including a stunt with knives or matches in a programme before the watershed i.e. behaviour involving items found in the home which children are likely to be able to get their hands on and might copy. See 'Violence and Dangerous Behaviour ' above.
Q. In what circumstances is it acceptable to show the drinking of alcohol or smoking before the watershed?
A. The featuring of alcohol within programmes before the watershed is commonplace e.g. in soaps, television drama, movies, televised events, some entertainment show formats, cooking programmes etc. In all cases, however, it should be justified by the context in which it appears and not be unduly prominent.
However, the misuse of alcohol i.e. heavy or reckless drinking, should generally be avoided in programmes before the watershed and must not be encouraged, condoned or glamorised unless there is editorial justification (and very strong editorial justification for programmes made primarily for children) e.g. the storyline taken as a whole highlights the perils of misusing alcohol by including the negative consequences.
The same principles apply to smoking as the misuse of alcohol i.e. it should generally
be avoided before 9pm and not condoned, encouraged or glamorised unless there is editorial justification (and very strong editorial justification in programmes made primarily for children). Gratuitous smoking shots, such as prolonged dragging on a cigarette, should be removed from pre-watershed programmes where possible. See 'Drugs, Smoking, Solvents & Alcohol ' above.
Q. Do special rules apply when under 18s are involved in the making of programmes?
A. The Code contains a number of rules specifically aimed at protecting those young people who are involved in the making of programmes e.g. interviewees, actors, contestants etc. The Code states that parental consent should normally be obtained
for under 16's taking part in programmes. In addition, programme-makers and broadcasters must ensure that: a) due care is taken over the physical and emotional welfare of under 18s and their dignity is respected, irrespective of whatever the young person or their parents have consented to; b) people under 18 are not caused unnecessary distress or anxiety by taking part in programmes; and, c) prizes aimed at children are appropriate to the age range of the target audience and the participants. See generally 'Programmes Involving Under 18s Checklist ' at chapter 6.