Det har ju pratats en del om femmans censur. Dom följer alltså dom engelska reglerna som är satta av ITC. Jag har klippt bort delar av den (den är nog lång ändå), delar som jag definitivt kunde utesluta gällande Buffy (tex. Pay-Perview services).
Family Viewing Policy, Offence to Good Taste and Decency, Portrayal of Violence and Respect for Human Dignity
1.1 General requirement
Section 6(1) of the Broadcasting Act 1990 requires that the ITC does all it can to secure that every licensed service includes nothing in its programmes which offends against good taste or decency or is likely to encourage or incite to crime or lead to disorder or be offensive to public feeling. Section 7(1)(a) requires the ITC to draw up a code giving guidance as to the rules to be observed with respect to the showing of violence, or the inclusion of sounds suggestive of violence, in programmes included in licensed services, particularly when large numbers of children and young people may be expected to be watching the programmes. Programme services are free to deal appropriately with all elements of the human experience but should avoid gratuitous offence by providing information and guidance to audiences, bearing in mind the expectations of those watching. Decisions on programme content will vary according to the time of day, nature of the channel and the likely audience. This is true not only in respect of children but for audiences in general. Viewers are more likely to experience distress or offence as a result of strong material if they are taken unawares.
1.2 Family Viewing Policy and the Watershed
Material unsuitable for children must not be transmitted at times when large numbers of children may be expected to be watching.
However the ITC accepts that, even though some children are always likely to be present in the audience, the likelihood varies according to the time, subject matter and channel. The majority of homes do not contain children and viewers have a right to expect a range of subject matter.
The necessary compromise is embodied in the ITC's Family Viewing Policy which assumes a progressive decline throughout the evening in the proportion of children viewing, matched by a progression towards material more suitable for adults.
Within the progression, 9pm is normally fixed as the time up to which licensees are responsible for ensuring that nothing is shown that is unsuitable for children. The earlier in the evening a programme is shown, the greater the care required.
Not all daytime or early evening programming will be suitable for very young children. Licensees should provide sufficient information, in terms of regular scheduling patterns and on-air advice, to assist parents to make viewing choices.
After the watershed, and until 5.30am, material more suitable for an adult audience may be shown. However, care should be taken in the period immediately after the watershed. There should be a gradual transition and it may be that a programme will be acceptable at 10.30pm for example that would not be suitable at 9pm. Decisions will also depend on the nature of the channel and the audience it attracts. Material which is particularly adult in tone should be scheduled appropriately and clearly signposted.
Particular care should be taken over programmes of special appeal to children which may start before the watershed but run beyond that time; and with programming during school holidays, when children will be part of the audience throughout the day and may also go to bed later. Dates of school holidays vary across the UK.
There is evidence that children find violence which resembles real life more upsetting than violence in a fantasy context but any sequence which might unsettle younger children needs special care. Particular distress can be caused where such violence occurs in a domestic setting and scenes of serious domestic conflict whether or not accompanied by physical violence or threat, can cause fear and insecurity. News bulletins should take account of the Family Viewing Policy (see 1.7(ii)).
While it is accepted that stylised violence can be entertaining and often humorous in comedy and in animation, more serious representation, for example, in children's drama, should always be editorially justified and should ensure that the consequences of violence are treated appropriately.
Bad language (including profanity) should not be used in programmes made for children (see 1.5).
Unless otherwise stated, any reference in the Code to 'children' means those aged 15 or under. A reference to 'young persons' means those aged 16 or 17 and a reference to very young children means those aged four or under.
1.2(i) Children and Imitative Behaviour
The portrayal of any dangerous or harmful behaviour easily imitated by children should be avoided, especially before the watershed, and must be excluded entirely in children's programmes. This applies especially to the use, in a manner likely to cause serious injury, of knives and other offensive weapons, articles or substances. Certain household goods, such as microwaves and tumble-dryers readily accessible to children, can cause harm if misused and care should be taken with the portrayal of any such use. Certain locations, such as railway lines, can raise similar concerns.
Films or programmes including hanging or preparations for hanging capable of easy imitation should not be scheduled to start during family viewing time unless there are strong grounds for believing that imitation is unlikely (e.g. a historic setting). Special care is required with material including 'comic' treatments which may lead children to fail to recognise potentially dangerous play especially where there is no serious outcome.
Smoking and drinking should be avoided in children's programmes, and included only when there is a strong editorial case for their inclusion. In other programmes likely to be widely seen by children and young people, smoking and drinking should be included only where context or dramatic veracity requires it. In such programmes smoking should not be prominently featured as a normal and attractive activity. The same concerns apply and particular care is needed with any programme dealing with or involving representations of drug abuse (see also 5.8 and 5.9).
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1.3(i) Warnings in Relation to Programmes Likely to Harm Children
European Council's Television Without Frontiers Directive 1997 (Article 22.1) requires that broadcasters take "appropriate measures to ensure that television broadcasts? do not include any programmes which might seriously impair the physical, mental or moral development of minors, in particular programmes that involve pornography or gratuitous violence". The legislation also requires broadcasters to include either acoustic warnings before, or visual symbols throughout, to alert viewers to other programmes, broadcast in unencoded form, that are likely to impair the physical, mental or moral development of minors. Such programmes, even broadcast late at night, must therefore, at a minimum, be preceded by verbal warnings to this effect.
Warnings should be included, for example, where programmes include the strongest acceptable sexual material, violence or themes (such as child abuse or the use of drugs) treated in a way likely to be harmful to children.
1.4(i) Premium Subscription Services
The decision to subscribe to a specialist channel available only to those who have specifically chosen it, carries with it an acceptance of a greater share of responsibility by parents for what is viewed and the watershed on such channels is set at 8pm rather than 9pm. Any channel which has not been individually purchased in this way must comply with the 9pm watershed.
Services which are available only to adults who have specifically chosen them may, between the hours of 10pm and 5.30am, include material of a more adult kind than would be acceptable at the same time on a more broadly available service. Arrangements for subscriptions to such services, including access by the night, must include measures that ensure that the subscriber is an adult. No 'R18' or version refused a BBFC certification may be shown at any time.
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1.4(iii) Trailers and Programme Promotions
Viewers do not choose to see promotional material, so special care is required in scheduling. All trailers and promotions shown before the watershed must comply with Family Viewing Policy.
1.5 Bad Language
There is no absolute ban on the use of bad language. But many people are offended, some of them deeply, by the use of bad language, including expletives with a religious (and not only Christian) association. Offence is most likely if the language is contrary to audience expectation. Bad language must be defensible in terms of context and scheduling with warnings where appropriate.
The most offensive language must not be used before the watershed and bad language of any sort must not be a frequent feature before then. (See also Section 1.
Bad language (including profanity), should not be used in programmes specially designed for children.
1.6 Sex and Nudity
Similar considerations apply. Much great fiction and drama have been concerned with love and passion which can shock and disturb. Popular entertainment and comedy have always relied to some extent on sexual innuendo and suggestive behaviour but gratuitous offence should be avoided.
Careful consideration should be given to nudity before the watershed but some nudity may be justifiable in a non-sexual and relevant context.
Representations of sexual intercourse should not occur before the watershed unless there is a serious educational purpose. Any portrayal of sexual behaviour must be defensible in context. If included before the watershed it must be appropriately limited and inexplicit.
Sex scenes of a more adult nature, which are more graphic and prolonged, should be limited to much later in the schedule. (See also Section 1.3(i))
1.7 Violence
The real world contains violence in many forms. It is reasonable for television to reflect this but it is clear that the portrayal of violence, whether physical, verbal or psychological, can upset, disturb and offend and can be accused of desensitising viewers, of making them unduly fearful or of encouraging imitation. These are legitimate public concerns requiring careful consideration whenever violence, real or simulated, is to be shown. The treatment of violence must always be appropriate to the context, scheduling, channel and audience expectations.
a) Offensive violence
At the simplest level, some portrayed acts of violence may go beyond the bounds of what is tolerable in that they could be classified as material which, in the words of the Broadcasting Act, is 'likely to be offensive to public feeling'. Licensees must consider the editorial justification carefully, including the context of the violence portrayed, the time of the broadcast, any warning provided and the likely audience. There can be no defence of violence shown or heard for its own sake, or for the gratuitous presentation of sadistic practices. Research indicates that viewers are most likely to be offended by explicit images of distress and injury, and of blood, particularly if they occur suddenly or unexpectedly.
b) Psychological Harm to Young and Vulnerable Viewers
There is portrayed violence which is potentially so disturbing that it might be psychologically harmful, particularly for young or emotionally insecure viewers. Research evidence shows that the socially or emotionally insecure individual, particularly if adolescent, is especially vulnerable. The susceptibilities of this minority must be balanced against the rights of the more robust majority. Responsible scheduling and appropriate content advice to viewers are both particularly relevant here.
c) Imitable violence
Violence portrayed on television may be imitated in real life. Portrayals of dangerous behaviour, capable of easy imitation, must always be justified by the dramatic and editorial requirements of the programme. Unfamiliar methods of inflicting pain and injury capable of easy imitation should not be included.
d) Cumulative effects of violence
The regular and recurrent spectacle of violence may lead viewers to become less sensitive to violence or to overestimate the level of violence in the real world. Licensees must take into account the potential cumulative effect of violent material.
e) Sexual violence
Research indicates that there is particular danger in representations of violence in a sexual context. Scenes of rape, or other non-consensual sex, especially where there is graphic physical detail or the action is to any degree prolonged, require great care. Graphic portrayal of violent sexual behaviour, or violence in a sexual context, is justifiable only very exceptionally.
Further guidance is offered in Appendix 2 (Statement of Common Principles on the Portrayal of Violence on Television).
1.7(i) Suicide and Suicide Attempts: the Risk of Imitation
Common sense dictates that the subject of suicide be handled with care and discretion, particularly in popular drama serials. There should be no more detailed demonstration of the means or method of suicide than is justified by the context, scheduling and likely audience for the programme. Where appropriate, professional advice or guidance should be sought from voluntary organisations such as the Samaritans.
1.7(ii) Violence in News and other Programmes
a) News and current affairs programmes are subject, like any other programming, to the requirements of Family Viewing Policy. This does not restrict the range of subjects covered in any news bulletin or programme or imply that some news events may not be properly covered before the watershed; it does require that all material is presented in a manner that takes account of the likely composition of the audience, and that appropriate warnings are given. Care should be taken about the frequency with which scenes of violence are repeated in succeeding news bulletins, particularly when significant numbers of children could be watching.
b) Special consideration should be given to the possible effect of coverage of violent events upon local viewers in the United Kingdom (or other countries where the programme is seen) for whom it might cause particular anxiety. Nothing shown should encourage or incite to crime or lead to disorder.
c) Whether in news, current affairs or other programmes, actuality footage of executions or other scenes in which people are clearly seen being killed or about to die require exceptional justification.
See also Section 5.7 of this Code (presence of television cameras at demonstrations and scenes of public disturbance).
1.8 Respect for Human Dignity and Treatment of Minorities
Viewers have a right to expect that licensed services will reflect their responsibility to preserve human dignity, as far as possible, in respect of both individuals (see Section 2) and individuals as members of groups. Individuals should not be exploited needlessly or caused unnecessary distress, nor should the audience be made to feel mere voyeurs of others' distress.
In particular, consideration should be given to the treatment of vulnerable minorities, bearing in mind the likely effects of both misrepresentation and under-representation.
1.8(i) Ethnic Minorities
No programme should be transmitted which is intended to stir up racial hatred or, taking into account the circumstances, is likely to do so: where appropriate, schedules should give a fair reflection of the contribution of all races to society.
Racist terms should be avoided. Insensitive comments or stereotyped portrayal may cause offence. Their inclusion is acceptable only where it can be justified within the context of the programme.
Careful account should be taken of the possible effect upon the racial minority concerned, as well as the population as a whole, and of changes in public attitudes to what is, and is not, acceptable.
1.8(ii) People with Disabilities
The same concerns apply. There is a danger of offence in the use of humour based on physical, mental or sensory disability, even where no malice is present. Reference to disability should be included only where necessary to the context and patronising expressions replaced by neutral terms. It should be possible for people with disabilities to be included in programmes of all kinds.
More information on the portrayal of people with disabilities is available from the Broadcasters' Disability Network, Nutmeg House, 60 Gainsford Street, London SE1 2NY (tel. 020 7403 3020).
1.8(iii) Other Minorities
Similar considerations apply to the treatment of other, less obvious and vulnerable, minorities including older people, homosexuals, and minority religious faiths or language groups.
1.9 Hypnotism
Care needs to be taken to minimise the risk of hypnosis being induced in susceptible viewers. In particular, the hypnotist must not be shown performing straight to camera. Licensees should refer to the Hypnotism Act 1952 (Appendix 4).
1.10 The Occult and 'Psychic' Practices
1.10(i) Exorcisms and the Occult
Actual demonstrations of exorcisms and occult practices, such as those involving the purported invocation of unknown spirits of the dead or negative forces, are not acceptable in non-fictional programming except in the context of a legitimate investigation. They should not, in any case, be shown before the watershed.
1.10(ii) Other Paranormal and related Issues
NB These paragraphs refer only to issues dealt with outside a religious or doctrinal context. Section 7 deals with religious programming and issues.
Demonstrations of clairvoyance, clairaudience, and similar practices are acceptable only when they are clearly and explicitly presented as entertainment, or when they are the subject of legitimate investigation. Programmes should not be included at times when significant numbers of children are expected to be watching: for example, before the watershed on public service channels. When presented for entertainment purposes, measures should include announcements before and at the end of programmes to indicate their nature as entertainment, and appropriate acknowledgement of the existence of differing opinions as to the true nature of clairaudience and clairvoyance. Programmes should not include specific advice to particular contributors or viewers about health or medical matters, the law or personal finance or include specific advice which might significantly influence behaviour in relation to personal relationships. They should not include advice which might be damaging or unduly distressing to those concerned or which might unduly disconcert the likely audience.
Demonstrations of predictive practices, whether `psychic? or otherwise (eg horoscopes, palmistry), are acceptable only when they are presented as entertainment or are the subject of legitimate investigation. They should not include specific advice to particular contributors or viewers about health or medical matters or about personal finance. They should not be included at times when large numbers of children are expected to be watching.
Fiction programmes containing `psychic? or occult phenomena should not normally be scheduled before the watershed, although a fantasy context, for example, may justify such a scheduling.?
1.11 Recorded Programmes
Programmes not used immediately should be checked before transmission to ensure that any content is not rendered tasteless or offensive by intervening events, such as death, injury or other misfortune.
1.12 Images of Very Brief Duration
1.12(i) General requirements
Section 6(1)(e) of the Broadcasting Act 1990 requires that the ITC do all it can to secure that 'programmes do not include any technical device which, by using images of very brief duration or by any other means, exploits the possibility of conveying a message to, or otherwise influencing the minds of, persons watching the programmes without their being aware, or fully aware, of what has occurred'.
1.12(ii) Programme practice
Images of very brief duration are unlikely to be in conflict with the Act unless there is some intention of covertly influencing the minds of viewers, for example for a commercial or political purpose. A very brief image used in context and as part of a straightforward message will probably not offend against the Act. In such circumstances the viewer will know exactly what the message is that is being conveyed and how it is intended to influence their mind.
Where, however, a very brief image is used out of context and relates to something entirely different from what precedes or follows it, the duration of the image should be sufficiently long to be clearly discernible and understandable.
1.12(iii) Use of flashing images and regular patterns
Flashing lights and certain types of regular visual patterns can cause problems for some viewers who have photo?sensitive epilepsy. People below the age of 20 years are the most susceptible group and many are unaware of their susceptibility.
Care must be taken to minimise these risks in all programmes, but especially those where young people are likely to be watching in significant numbers. This might mean cutting or amending certain scenes or sequences or rejecting entirely some material, such as a pop video.
At times difficulties in minimising the effects may be encountered, for example with some types of live coverage, such as a news report or acquired material, such as a film. Where there is likely to be significant risk, viewers should be given an appropriate warning at the start of the programme or programme item.
Licensees should refer to ITC Guidance Note 'Flashing Images and Regular Patterns in Television' which outlines the technical parameters for minimising risk levels.
Källa: OfCom, Office of Communications
