The Ofcom Broadcasting Code (with the Cross-promotion Code and the On Demand Programme Service Rules)
This section outlines the rules around scheduling and content information in programmes with regard to protecting children under the age of eighteen.
- Guidance notes: Section one – protecting the under-eighteens (PDF, 181.6 KB)
- Guidance notes: Protecting the under-eighteens – observing the watershed on television and music videos (PDF, 89.7 KB)
(Relevant legislation includes, in particular, sections 3(4)(h) and 319(2)(a) and (f) of the Communications Act 2003, Article 27 of the Audiovisual Media Services Directive, Article 10 of the European Convention on Human Rights, and the BBC Charter and Agreement.)
This section must be read in conjunction with Section Two: Harm and Offence.
PrincipleTo ensure that people under eighteen are protected.
Rules[1] Scheduling and content information1.1: 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.
1.3: Children must also be protected by appropriate scheduling from material that is unsuitable for them. Although scheduling requirements in this section are not relevant to the provision of programmes on demand, the BBC must put in place appropriate measures on BBC ODPS that provide equivalent protection for 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.
Broadcasters of services received in ECTT Parties should have regard to any relevant time differences in the country of reception.
1.4: Television broadcasters must observe 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 1.24 the watershed is at 2000. The watershed does not apply to channels when mandatory daytime protection is in place (see Rules 1.24 and 1.25).
1.5: Radio broadcasters must have particular regard to times 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 (in the case of television) or after the time when children are particularly likely to be listening (in the case of radio). 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, or for BBC ODPS content that is likely to be accessed by children, 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.)
Factors affecting whether content is likely to be accessed by children include (but are not limited to):
- the nature of the content – whether it is aimed at or has particular appeal to children; and
- the nature of access to the content e.g. whether there are measures in place that are intended to prevent children from viewing and/or listening to the content.
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 alcohol1.10: 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 (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS) unless there is editorial justification;
- must not be condoned, encouraged or glamorised in other programmes likely to be widely seen, heard or accessed by under-eighteens unless there is editorial justification.
1.11: Violence, its after-effects and descriptions of violence, whether verbal or physical, must be appropriately limited in programmes broadcast before the watershed (in the case of television), when children are particularly likely to be listening (in the case of radio) or when content is likely to be accessed by children (in the case of BBC ODPS) 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 (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS), 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 (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS), 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 language1.14: The most offensive language must not be broadcast before the watershed (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS).
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 (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS), 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.)
Sexual material1.17: Material equivalent to the British Board of Film Classification (“BBFC”) R18-rating must not be broadcast at any time.
1.18: ‘Adult sex material’ – material that contains images and/or language of a strong sexual nature which is broadcast for the primary purpose of sexual arousal or stimulation – must not be broadcast at any time other than between 2200 and 0530 on premium subscription services and pay per view/night services which operate with mandatory restricted access.
In addition, measures must be in place to ensure that the subscriber is an adult.
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