4A Protecting Under 18s and Harm and Offence : Harm & Offence - FAQ's
Q. What does it mean to say that something "...is justified by the context"?
A. Decisions about whether potentially harmful or offensive material is justified by the context in which it appears will often be subjective and there are always likely to be some viewers that disagree with the choices made by broadcasters. However, by carefully considering a number of particular factors, programme-makers and broadcasters aim to ensure that the content of their programmes does not exceed the expectations of the vast majority of viewers. Whilst not an exhaustive list, factors which determine the context include: the particular nature of the potentially harmful or offensive material (the tone, how explicit/graphic it is); when the material is scheduled (late night, pre-watershed, in school time, at times when large numbers of children are likely to be watching); the type/genre of the programme (factual, drama, entertainment, educational, intelligent, artistic, comedic); the audience's expectations (prior knowledge, whether an on-air warning was given); the nature of the Channel on which the material appears (specialist Channel or mainstream terrestrial broadcaster).
Q. Can very adult material be shown straight after the 9pm watershed.
A. After 9pm adult material may be shown as long as it is justified by the context, but the Code makes clear that there must be a gradual progression towards more adult material i.e. "9pm is a watershed, not a waterfall". Very adult material, therefore, should be reserved for well after the watershed.
Family viewing resumes from 5.30am. Whilst there is no regulatory requirement that there should be a gradual progression towards less adult content as schedules approach 5.30am, it is advisable not to show the most adult material immediately before then. Immediately thereafter, of course, programmes must be entirely suitable for family viewing. See 'Scheduling and the Watershed ' above.
Q. Does the word "cunt" always have to be bleeped or edited out?
A. Before the watershed, yes. After the watershed, not always. Like any other potentially offensive word "cunt" can be included in programmes after the watershed, if it is justified editorially and by the context. However, to the vast majority of people it is considered to be by far the most offensive word and, thus, requires exceptional justification and an on-air warning for "very strong language". See 'Offensive Language ' above.
Q. Do special rules apply to trailers for programmes?
A. As audiences are likely to come across most trailers and promotions for programmes without any prior warning and, therefore, any expectations of what they are about to see, they cannot generally be forewarned about the content e.g. that it contains strong language or adult sexual content. Furthermore, the context is unlikely to justify the inclusion of such material. Particular care is required, therefore, both in relation to the content and the scheduling of such material. On rare occasions, where trailers do contain more challenging material, they should be scheduled appropriately and they may exceptionally be preceded by an appropriate content warning. See 'Programme Trailers & Promotions ' above.
Q. What sorts of things should viewers be warned about? What should on-air warnings say?
A. Viewers should be forewarned at the start of a programme of any material that may cause significant offence e.g. strong language, sex, violence, etc.. Whether or not a warning is appropriate will of course depend to a large extent on the context in which the material appears e.g. we may warn viewers about use of the word "fuck" in a programme at 9pm, but not one starting at 10:30pm where there are only a few instances. Warnings should be clear and unambiguous e.g. "This programme contains strong language from the start"; "This programme contains lots of very strong language from the start and throughout, scenes of a violent, sexual nature and is for adults only". Occasionally, we may decide it is appropriate to warn both at the start of a programme and again going into the programme part containing the potentially offensive material e.g. "Now we return to [name of programme] which contains scenes of graphic violence which some viewers may find disturbing". See 'On-Air Warnings ' above and, for Channel 4 programmes, see also Channel 4's Compliance Procedures at Chapter 2.
Q. Can you warn audiences about the content of pre-watershed programmes?
A. Since programmes before the watershed should, as a rule, be suitable for children, warnings of the type given above should not be necessary i.e. programmes before the watershed should not contain such material. However, there may be times where we may be justified in broadcasting challenging or unexpected material before the watershed e.g. showing scenes of war or disaster in news programmes, which some viewers may find distressing. In such circumstances, clear ‘flaggings' should be given e.g. "the following report contains scenes of famine and death which some viewers may find distressing". In addition, there may be scenes which, again, whilst justified may distress or surprise some viewers, including children, e.g. a medical examination, surgical procedure or an animal having to be put to sleep. Again, such material should be clearly flagged up to viewers in advance, including into the programme part containing the material if necessary.
Q. When dramatising real events do all reconstructions need to be labelled?
A. No, it is only necessary to label reconstructions as such where there is a real risk that viewers may be misled i.e. not realise that what they are watching is a reconstruction. Reconstructions may also be made apparent by the way the film looks or is treated. See 'Viewer Trust: Truth, Accuracy and the Importance of not Misleading the Audience ' above.
Q. Does accuracy really matter in a ‘formatted' or entertaining documentary or 'life style' show?
A. Absolutely. Viewer trust is of paramount importance. Programmes must not mislead viewers and programmes must be true, accurate and fair. The importance of viewer trust is not limited to current affairs, documentaries or conventional factual programmes. Simply because a programme is primarily designed to entertain or is ‘formatted' does not mean that there is a licence to mislead the audience. Please refer to and follow the Channel 4 Viewer Trust Guidelines at Appendix 7A and Five's Viewer Trust Guidelines at Appendix 8A . Also, see ‘Viewer Trust: Truth, Accuracy and the Importance of not Misleading the Audience ' above.
Q. What does it mean to 'mislead viewers'? Doesn't all television mislead the audience to a degree?
A. Our viewers are entitled to respect and that means they must feel confident that they can take what they see or are told in a programme at face value. Programme-makers must never stage, construct, reconstruct, re-enact or otherwise fake any scenes of actuality and pass them off to our viewers or to Channel 4 or Five as the real thing. Please refer to and follow the Channel 4 Viewer Trust Guidelines at Appendix 1 and Five's Viewer Trust Guidelines at Appendix 6 . Also, see ‘Viewer Trust: Truth, Accuracy and the Importance of not Misleading the Audience ' above.
Q. Can exorcisms be shown on television?
A. Yes but the Code contains specific rules in relation to the content and scheduling of such programmes, as it also does with programmes that include occult practices and paranormal behaviour. See 'Programmes Involving Exorcism, the Occult and the Paranormal ' above.
Q. Can programmes portray someone committing suicide?
A. Yes but programmes that make reference to suicide, particularly those that show visual demonstrations of methods of suicide, require very careful thought and handling. Scenes showing the techniques of suicide should only be included if justified editorially and by the context. In addition, it may be appropriate to seek professional, expert advice on how the matter is being handled within a particular programme and how it is likely to be perceived by vulnerable viewers. See 'Suicide & Self Harm ' above.
Q. Can someone actually be shown taking drugs on television?
A. Yes. Provided it is justified by context, appropriately scheduled and where necessary there is a warning. There must be no detailed description of ‘how to' take drugs and drug taking must not be shown as problem-free or glamorous. If the person shown on camera taking drugs is a real person, programme makers should consider the potential consequences of showing this on television. See 'Drugs, Smoking, Solvent & Alcohol ' above. See also Chapter 4B, 'Crime ' and 'Programmes Involving or Concerning Crime ' Checklist at Chapter 6F.