Harm and offence

Introduction

(See Section 1 of the Code.)

Regulatory rules exist in relation to potentially harmful or offensive material, including those relating to programmes broadcast before the watershed, specifically in order to protect younger viewers in the audience.

In addition, content creators must provide adequate protection for all members of the public from the inclusion of potentially harmful or offensive material. This can include the treatment of people who take part in content especially if the viewer is concerned that they appear to have been put at risk of significant harm. This means ensuring that material which may cause offence is justified by the context. If necessary, appropriate information or context should be broadcast/published where it would assist in avoiding or minimising potential viewer concerns. This may require adding footage that provides context, voice-over, on-air pre-transmission warnings and/or support information. 

The Ofcom Code places particular emphasis and importance on protecting under-18s. Below is a summary of the relevant rules, some of which are considered in more detail later in the section “Material that may cause harm and/or offence”. Key amongst these is the application on air of the 9pm watershed.

Summary of rules to protect under-18s

• Channel 4 must take all reasonable precautions to protect people under 18.

• Material that might seriously impair the physical, mental or moral development of people under 18 must not be broadcast/published at anytime. This incudes the most potentially harmful and offensive material, for example very explicit sexual practices, obscene material or very graphic violence.

• Viewers should be forewarned of potentially harmful or offensive material so they can understand the context and make their own informed choices including about what they and their children watch. This may require adding footage that provides context, voice-over, on-air pre-transmission warnings and/or support information at the end of the content.

• Content must be true, accurate and not materially misleading.

• Content should not condone or glamorise violent, dangerous or seriously anti-social behaviour, especially where it is likely to encourage others to copy such behaviour.

• Any discriminatory treatment or language, for example on grounds of age, disability, gender, race, religion, beliefs and sexuality, must be justified by the context. Nothing transmitted should be intended or likely to stir up racial hatred.

• Content should show respect for human dignity. In news and factual content, showing people in distress and in sensitive situations requires clear editorial justification. In entertainment content, consideration must be given to humour based on the plight or misfortune of real-life individuals, which again must be justifiable editorially and by the context.

• There are specific rules regarding content including exorcism, the occult and the paranormal. See also ‘Material that may cause harm or offence’.

• On-air content must be appropriately scheduled in order to protect children, who are defined in the Ofcom Code as those under 15 years of age. For more on appropriate on-air scheduling, see 'Scheduling and the watershed', below.

Editorial justification and context

Channel 4 and content creators must think carefully about the expectations of their audiences and providing viewers with appropriate information so they are able to make their own informed choices about what they watch.

Material that may be harmful or cause offence must be justified by the context, which is determined by a number of factors, including:

• The editorial content – that is, what it is the viewer is seeing and hearing, the tone, the genre, etc.

• In the case of broadcasts, what channel the material is on – generally viewers expect to see more challenging material on Channel 4 given its particular remit than on, say, BBC1 or ITV, but their expectations of, for example, MTV may be different.

• When the material is broadcast – is it before or after the watershed, or well after the watershed? Is it during school time, school holidays or on a day of particular religious or cultural significance?

• What content precedes or follows the content in question – for example, does the content in question follow an animation, which is likely to have attracted large numbers of young children?

• The degree of potential harm or offence likely to be caused by the material – this, of course, is not an exact science but you should speak to your content lawyer/compliance advisor.

• The likely size and composition of the potential audience – this can be estimated from both research and experience.

• What the audience's expectations are likely to be – again, estimated from experience, research and common sense.

• The extent to which viewers can and have been informed of the content in advance – clear on-air announcements or warnings are the best way of forewarning viewers about difficult or potentially offensive content, though pre-publicity and listings may also be taken into account.

• The effect of the material on viewers who come across it unawares – in the case of broadcasts, no matter how clearly viewers are warned, some are always going to switch on their television sets with no prior knowledge of what they are watching and not having seen any on-air warnings or announcements.

Scheduling and on-air warnings and 'flaggings'

The Ofcom Code stresses the importance of viewers' expectation, which includes appropriate scheduling of on-air broadcasts and providing the audience with the necessary clear information to enable informed viewing choices.

Commissioning editors are responsible for ensuring that their content is appropriately scheduled, edited for its slot (including repeats at an earlier time) and preceded by any appropriate announcements to warn viewers about, for example, strong language, violence, explicit sexual content or flashing images. They must consult with a content lawyer/compliance advisor and with Channel Management and the continuity team as appropriate.

What used to be called "family viewing time" starts at 5.30am and ends at 9pm. Therefore, the 9pm watershed for broadcasts is designed to ensure that material unsuitable for children should not, in general, be broadcast before 9pm or after 5.30am. The transition to more adult material must not be unduly abrupt, especially within the 15 minutes after the 9pm junction. In addition, if there is +1 service, the start and end time of the original broadcast must take this into account. Specifically, care must be taken with scheduling programmes between 4.30am and 5.30am.

Warnings should not just be restricted to post-watershed content. Sometimes, it will be necessary to provide viewers with information flagging content transmitted before 9pm where, although acceptable for family viewing, some viewers may not wish to watch or wish their children to watch. This could include medical content involving surgery, food content that shows animal slaughter or scenes that very young children may find upsetting. In such cases, commissioning editors should arrange through the programme certification system or with the continuity team for the content to be 'flagged up' to viewers and a draft announcement should be agreed with a content lawyer/compliance advisor.

In certain limited circumstances, some content, pre- or post-watershed, may require a flagging or warning into each part or into the part where the potentially offensive material occurs.

Viewers' expectations are key, and the content lawyer/compliance advisor will advise on whether an 'into-part warning' is necessary. All on-air introductions for contentious or sensitive content, e.g. Dispatches, must be approved by the commissioning editor and the content lawyer/compliance advisor before transmission.

Whilst warnings or 'flaggings' can be customised to suit the channel style, they must be clear and explicit and are not a substitute for appropriate scheduling.

Live content expected to contain, for example, strong language, adult humour or flashing images (such as flash photography or strobe lighting effects) should also be preceded by an appropriate warning.

Broadcast scheduling and the watershed

The main way in which viewers under 18 may be protected from potentially harmful and offensive material is through the appropriate on-air scheduling of content. As a general rule, the more adult in nature the content is, the later it should be broadcast, with the 9pm watershed being the crucial point in time before which material unsuitable for children should not generally be broadcast. Leading up to and after the watershed, parents are expected to take increasing responsibility for their children's viewing.

Some content may be considered so potentially harmful and offensive (for example material that "...might seriously impair the physical, mental or moral development of people under 18") that it should never be broadcast on television, for example, scenes condoning sexual violence, very explicit sado-masochistic practices.

Summary of rules

• Children should be protected from unsuitable material by appropriate scheduling (see below).

• The watershed is 9pm. Nothing unsuitable for children should, without strong editorial justification, be broadcast before 9pm or after 5.30am.

• There should be a gradual transition to more adult material from the watershed, not an abrupt change.

• Channel 4 should use warnings and flaggings to advise audiences about content that may cause distress. See ‘Scheduling and on-air warnings and “flaggings”’ above.

Appropriate broadcast scheduling

The Ofcom Code acknowledges that there are a number of factors which determine whether content is appropriately scheduled or not. These factors include:

• Its nature, for example, whether it is frightening, distressing, gory, sexually explicit, or contains strong language.

• The nature of the particular piece of content. For example, it might well be appropriate to schedule a futuristic, science-fiction series containing comic book violence at a time when large numbers of young children are watching, but not to schedule a soap opera containing domestic violence, which is more realistic and 'close to home', at a similar time.

• The likely number and age range of children watching, taking into account school time, weekends and holidays. For example, a discussion about sexual matters might be inappropriate in a breakfast or teatime show, when large numbers of young children are likely to be watching; however, this may be defensible during term-time, in a mid-morning or mid-afternoon discussion piece of content, when most children are at school.

• The start and finish time of the content. For example, a movie scheduled to start at 8pm and end at 9.30pm which has generally mild content throughout until the final scene, which contains very graphic violence, would be unlikely to be appropriately scheduled. Although this scene would not transmit until after the watershed, because the film started well before, it would be likely to have attracted a significant number of younger viewers, including children, who would stay with the film until its conclusion.

• The likely expectations of the audience for a channel at a particular time on a particular day; for example, to schedule a drama about teenage sexuality in a slot normally reserved for cartoons aimed at very young children, may surprise and upset audiences. Furthermore, Channel 4 audiences may expect to see stronger material at, say, 9pm than is shown on BBC1 or ITV1 at the same time.

Particular care and attention are required when scheduling trailers and post-watershed content which is repeated before the watershed, and these must be carefully edited for a pre-watershed audience.

Gradual transition

Channel 4 should take particular care to ensure that material scheduled to start before and continue past the 9pm watershed does not abruptly become unsuitable. The Ofcom Code stipulates that in evening broadcast schedules there must be a gradual progression towards more adult material. To quote a well-used phrase: "9pm is a watershed, not a waterfall". The most adult material, therefore, should be reserved for well after the watershed.

There is no requirement that there should be a gradual progression towards less adult content as schedules approach 5.30am. However, it is advisable not to show the most adult material immediately before 5.30am as, immediately thereafter, content must be suitable for family viewing. Please note that Channel 4, E4, More4 and Film4 all have time shifted (+1) versions. This means that effectively the watershed ends at 4.30am.

Content starting at 9pm

Particular care needs to be taken with pre-title sequences broadcast immediately after 9pm because, in spite of any warning which may be given, limited context can be provided to viewers, and they may be more likely to come across material by chance. Ofcom has stated that in pre-title sequences immediately after the watershed at 9pm, very strong editorial justification is required for the inclusion of the most offensive language. Generally, you should avoid using strong language in the first 5 minutes of content scheduled to start at 9pm.

Your content lawyer/compliance advisor can provide further advice.

Sometimes content scheduled to start at 9pm actually transmits a couple of minutes early, which might mean that some adult content (for example strong language) is broadcast before the watershed. For this reason, any content containing adult material in the opening minutes and scheduled to start at 9pm should be flagged up to network presentation, so that it can ensure that the content does not start before the watershed.

Flagging up content pre-watershed

There will be occasions where some content which, although not unsuitable for children generally, may nevertheless still cause distress to some, so therefore should be flagged up to viewers; for example, scenes of an injured animal having to be put down or scenes in a daytime programme showing a surgical procedure.

On-air warnings

On-air warnings about offensive content inform audience's expectations and, in turn, whether viewers consider particular material to be justified. Whether or not content requires a warning, for example for strong language, violence or sexual content, depends on a number of factors, in particular the time at which the content is transmitted.Wherever an on-air warning may be required, the commissioning editor responsible should seek advice from the content lawyer/compliance advisor, and if appropriate, arrange with network presentation for a suitable warning to be given.

Exceptionally, a flagging or warning into each programme part may be required. As stated above this should be discussed with your content lawyer/compliance advisor.

Where content starts before the watershed but continues after it and contains adult material that it is considered necessary to warn viewers about, it may be necessary to broadcast a warning into the first part after the watershed and, if appropriate, any following parts.

Please refer to your content lawyer/compliance advisor for further guidance.

Music videos

The principles to be applied when scheduling music videos for broadcast are the same as with other content. However, be conscious that some genres of music are well known for including mild sexual content and innuendo in lyrics and for broadcast videos, which can lead to problems. Ofcom has provided specific guidance on scheduling music videos in the Ofcom Broadcasting Code Guidance notes (see Broadcasting Code Guidance Notes: Protecting the Under Eighteens: Observing the watershed on television and music videos).

Programme trailers and promotions

Because viewers cannot generally be forewarned about the content of promotional material, particular care is required both in relation to the content and the on air scheduling of such material. Potentially offensive material should generally be avoided.

If in doubt about the suitability of the content of any promotional material, please seek advice from a content lawyer/compliance advisor at an early stage.

Related links

External links:

• Ofcom Code - Section 1
• Protecting the Under Eighteens: Observing the watershed on television and music videos

Internal links:

• Filming with under-18s
• Duty of Care

Acquired material

The Code contains the following rules in relation to acquired material that is already the subject of a BBFC (British Board of Film Classification) certification:

• No film refused classification by the BBFC may be broadcast unless it has subsequently been classified or the BBFC has confirmed it would not be rejected according to standards currently operating.

• If the BBFC has classified a film subject to certain cuts, then no version of the film can be broadcast which includes that cut material unless: a) the BBFC has confirmed the material was only cut in order for the film to be classified at a lower category for example for younger viewers; or, b) the cuts were required in the past and the BBFC has confirmed that such cuts would no longer be required under current operating standards.

• '18' certificate films must never start before 9pm on Channel 4, More4, E4 or 4Seven. Even then, such films should comply with other provisions of the Code and may well only be suitable for a later transmission.

• Films with a BBFC 'R18' certification cannot be broadcast on any television channel at any time.

Intervening events

Real life events, or 'intervening events' as they are often referred to, which could not reasonably have been anticipated when content was commissioned or scheduled, may render the content inappropriate for its planned transmission and, accordingly, it may have to be edited or postponed to a later date.

Intervening events are generally real-life tragedies generating widespread public concern. 

For example, it may well be appropriate to postpone a disaster movie about a plane crash in the days following a real-life domestic plane crash, or to re-edit an earlier recorded piece of content which features humour at the expense of an individual who by the time of intended transmission is seriously ill or has just died.

Decisions about whether or not to re-edit or postpone the broadcast of programmes because of 'intervening events' are dependent on the particular circumstances and are rarely clear cut.

For this reason they should be referred up in accordance with Channel 4's internal reference up procedures.More generally, content-makers and commissioning editors should always keep an eye on what is happening in the news and consider carefully whether that could have any effect on the suitability of their content for broadcast.

Note: intervening events may also render content unsuitable for broadcast for legal reasons.

See also:

• Libel
• Contempt
• Court reporting and reporting legal proceedings
• Working with Legal & Compliance

Material that may cause harm or offence

Regulatory rules exist in relation to potentially harmful or offensive material, including those relating to programmes broadcast before the watershed, specifically in order to protect younger viewers in the audience. 

See also 'harm and offence' for a summary of the rules regarding harm and offence and the watershed. See below for more details about potentially harmful or offensive content. 

Offensive language

The most offensive language, i.e., the words 'f**k' and 'c**t' and their derivatives (e.g. 'f**king' and 'motherf**ker'), must not be broadcast before the 9pm watershed, as this would amount to an automatic breach of the Ofcom Code.

Before 9pm, these words must be removed or obscured entirely by bleeping or dipping (or blurring if visual, e.g., graffiti or if the word is said to camera). This includes the words in written form (including subtitles) and gestures. You should also be aware of the cumulative effect of multiple bleeps in content broadcast before 9pm as this can lead to a breach of the Code.

In addition, the transition from pre-watershed broadcast content to more adult content must not be abrupt after 9pm. Ofcom has warned that the use of strong language in opening title sequences just after 9pm requires exceptional editorial justification and is generally to be discouraged.

Any proposed broadcast of the word 'f**k' and/or 'c**t' and any of its derivatives after the watershed must be editorially justified, agreed by the commissioning editor, and arrangements for an appropriate on-air warning must be made in advance of broadcast.

Commissioning editors or their programme co-ordinators are responsible for completing programme certifications for their content – this includes completing a strong language form which, if required, must be completed in full and copied to the compliance lawyer/compliance advisor, setting out the frequency and strength of the language, the editorial justification for the inclusion of such language and, if known at the time of completing, the proposed warning.

Strong language may be signed off by the commissioning editor or editorial head, but because of its greater potential to offend, any proposed use of the word 'cunt' must be referred up in writing by the commissioning editor following advice from the particular content lawyer/compliance advisor to the Chief Content Officer (copied to the editorial head) for approval before transmission.

Remember, these words and their derivatives must never be broadcast before 9pm in any form.

Note: If the word 'c**t' is to be included within content, the warning must refer to "very strong language", rather than merely "strong language".

Children's content should not include offensive language except in the most exceptional circumstances.

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 Ofcom Code contains some specific rules in relation to offensive language within content broadcast before the watershed. See also the section 'Scheduling and the Watershed’ above.

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 "c**t", "motherf**ker" and "f**k" and derivatives of these words, for example "f**king". 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, for example "shit", "bugger" etc., must not be broadcast 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 content aimed specifically at younger children, offensive language should only be included in the most "exceptional circumstances".

After the watershed

• After 9pm, whether or not the broadcast of offensive language is justified will depend largely on the audience's expectations and the context – for example, the particular word in question and how offensive it is, how it is being used (descriptively, as an insult, aggressively, as vernacular), the nature of the content, the time of broadcast and whether a warning has been given. 
• Generally, frequent use of very strong language, for example "c**t" or "motherf**ker", should be reserved for later in the schedule. However, use of the word "f**k", including its liberal use, is less likely to cause widespread offence even in content starting right on the watershed, as long as there is strong editorial justification and viewers are properly forewarned. For content that is scheduled to start actually at 9pm, it is likely to be preferable that the use of strong language is avoided in the opening minutes of the programme and especially pre-titles. See the section 'Scheduling and the Watershed' above.
• Because of its potential to cause widespread offence, use of the word "c**t" requires exceptional justification at any time. Profanities, for example, "Jesus" or "Christ Almighty," cause offence to many at whatever time of day they are broadcast and, if included, should be editorially justified as well as by the context. 
• Profanities coupled with other highly offensive language, for example "Jesus f**king Christ", can cause serious offence. In most 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. If the content in question is transmitting before the watershed and, even after 'bleeping' or 'dipping', it is still clear what the person is saying, it might in exceptional circumstances be appropriate to cover the mouth of the person with some sort of visual device. However, this will rarely be necessary and should only be considered where the word is clearly mouthed straight to camera.

The most recent research of Ofcom into current attitudes to potentially offensive language and gestures on TV can be found here.

Alcohol, smoking and drugs

These must not be featured in children's content without strong editorial justification. In other content broadcast  before the watershed, they should generally be avoided and should not be condoned or glamourised unless there is editorial justification. In content likely to be seen widely by under-18s at any time, alcohol, smoking and drugs should not be condoned, encouraged or glamourised unless there is editorial justification.

Before the watershed

The use of illegal drugs, drug abuse, smoking, solvent abuse and the misuse of alcohol must never be condoned, encouraged or glamorised, and scenes showing such material should generally be avoided unless there is editorial justification. They must not be featured in children's content unless there is strong editorial justification.

After the watershed

These activities should not be condoned, encouraged or glamourised in content likely to be widely seen by under-18s unless there is editorial justification.

Sex and nudity

Representations of sexual intercourse should not be included before the watershed unless there is a serious educational purpose. Any other portrayal of sexual behaviour or discussion about sex before the watershed should be editorially justified and appropriately limited and inexplicit. Nudity before the watershed must be justified by the context. 

The inclusion of nudity, sexual behaviour, sexual imagery and references to sex should be editorially justified and defensible by the context in which they appear.

Before the watershed

• Visual and verbal references to sex and matters related to sex should be editorially justified and appropriately limited and inexplicit. 
• Representations of sexual intercourse must not be shown unless there is "... a serious educational purpose". This means the actual act of sexual intercourse, both real and where it's acted, as opposed to other sexual behaviour.
• The inclusion of nudity and all references to sexual acts, verbal and visual, must be justifiable by the context. What is acceptable in a mid-afternoon discussion piece of content aimed at adults may well not be suitable for inclusion in a Saturday morning magazine show, which attracts large numbers of children. In addition, the way in which material is presented (e.g. serious, flippant, or crude) is likely to be a major factor in determining whether it is suitable or not.

It is most unlikely that any graphic sexual images or any explicit descriptions of sexual activity will be acceptable in pre-watershed content unless the content has a serious educational purpose and, even then, any such material would require careful thought.

For example, whilst showing inexplicit acts of foreplay, for example kissing or hugging, is unlikely to be problematic in most pre-watershed content, more overtly sexual activities, for example foreplay involving genitalia or showing nudity, oral sex, masturbation, or sexual intercourse, is very unlikely to be suitable for a family audience. Even if the sexual activity is happening off camera, it may still be too suggestive for transmission before 9pm if it is clear what is happening.

Before the watershed, verbal references to sexual activity should be kept relatively inexplicit. Mild innuendo and oblique references to sex are more likely to be acceptable than comments or descriptions that leave little to the imagination.

Nudity in a sexual context is unlikely to be acceptable before the watershed unless strictly limited, whereas nudity in the context of an item about health or education, for example a beauty treatment or medical examination, is less likely to exceed viewers' expectations, although a flagging should be considered.

Full-frontal nudity (both male and female), even in a non-sexual context, is unlikely to be acceptable before the watershed, unless there is a serious educational reason for showing it. Less explicit nudity, however, for example above-waist nudity, catching a brief glimpse of someone from behind getting out of the shower, naturism, or topless sunbathing, is unlikely to be problematic as long as it is editorially justified.

After the watershed

• The inclusion of nudity and all references to sexual acts, verbal and visual, must be justifiable by the context. 
• After the watershed, it may be possible to justify the broadcast of explicit nudity and scenes of an explicit sexual nature, with the most explicit material being transmitted later in the schedule, well after the watershed.
• However, even the most explicit material on terrestrial channels like Channel 4 will not be as explicit as that which can legitimately be seen on video (particularly material classified by the BBFC as 'R18'), on specialist PIN-encrypted television channels and at adult cinemas, because of the different make-up and expectations of their respective audiences. 
• Nudity after the watershed depends heavily on context. The vast majority of viewers, for example, do not object to seeing even the most explicit nudity, for example close-ups of male and female genitalia, in the context of medical procedures such as cosmetic surgery, as long as it's shown at an appropriate time and they are properly forewarned. However, the same shots might not be acceptable if presented in a sexual context.
• Blurring or pixilation, both before and after the watershed, is one way in which otherwise unacceptably explicit material may be rendered acceptable. However, there may be circumstances where, even following pixilation, scenes remain too suggestive or graphic.

When considering the suitability of sexual material in a particular context, no distinction is made based on sexual orientation.

Sexual violence in content, as noted above, requires special care. See 'Sexual violence' below.

Violence and dangerous behaviour

Violence must be limited appropriately before the watershed. If it is easily imitable and potentially harmful or dangerous, it must not be included in children's content unless there is strong editorial justification and an appropriate warning is included. In other content before the watershed, such behaviour must not be included unless there is editorial justification. Similar rules apply to dangerous behaviour that is easily imitable and potentially harmful. 

Violence can take many forms and be present in all types of content. In all cases, whether or not material is suitable for inclusion will depend largely upon the context in which it is shown.

Before the watershed

• Before the watershed, scenes in content showing violence and its after-effects, including verbal descriptions of violence and sound effects, must be "appropriately limited". 
• Any violence should also be justifiable by the context, based on the factors described above. For example, is it cartoon violence, or more realistic violence that viewers may find more disturbing? Is the violence real, acted, or animated? Does it feel gratuitous? Is suffering shown and, if so, to what extent? Is the material being broadcast when large numbers of young children are likely to be watching?
• The inclusion of any scenes of violence that are "... easily imitable by children in a manner that is harmful or dangerous..." before the watershed is prohibited unless there is "editorial justification" and, in the case of children's content, must not be broadcast unless there is "strong editorial justification". Often such justification will be that the storyline makes it clear that the violent actions or behaviour that are included are unacceptable or lead to a bad outcome with the perpetrators getting their just rewards. 
• Similarly, in relation to "dangerous behaviour", any dangerous behaviour before the watershed which is "... easily imitable by children in a manner that is harmful..." must not be included unless there is "editorial justification" and, again, in the case of children's content, unless there is "strong editorial justification". Often such justification will be that the storyline makes it clear just how dangerous the particular activity is and, therefore, is more likely to deter children from copying the acts, rather than encourage them. However, this may not always be enough and great care should be taken where the potentially dangerous behaviour involves readily accessible domestic items or appliances, for example knives, tools, kitchen appliances, or easily accessible locations such as railway tracks.
• For obvious reasons, scenes of violence, particularly of a severe nature, tend to be reserved until after the watershed. However, viewers are accustomed to and do not generally object to seeing mild violence in programmes before the watershed if it is handled responsibly. 
• Violence in many forms is regularly included in some of the most popular pre-watershed content; for example, arguments, fights, domestic violence, violent crime and murder all regularly feature in many popular pre-watershed soaps. However, images of actual physical violence in such content are invariably kept brief and non-graphic. Normally, it is the lead up to the violence and the resolution that is shown rather than the actual violent acts. Showing pain and suffering is generally avoided in pre-watershed content or is strictly limited, as this tends to distress viewers most. Understandably, blood and gore, especially in a violent context, is kept to a minimum before 9pm.

After the watershed

• The inclusion of scenes of violence (real or simulated) should always be justifiable by the context, based on the factors outlined earlier 
• Violence can take many forms with some having an increased potential to cause offence. For example, real violence in a documentary may shock or offend an audience more than the same act being portrayed in a fictional drama. Similarly, violence occurring in a setting that viewers are accustomed to and normally regard as safe, for example in the home or at school, may increase its impact.
• Violent scenes, whether real or simulated, which focus on the pain and suffering of the victim, particularly if graphic and prolonged, are likely to be more distressing and potentially offensive than violent scenes that are more action-based. At the same time, a balance should normally be struck between showing the after effects of violence and not showing unduly distressing scenes of pain and suffering, as it may be irresponsible to depict some violent acts without showing the consequences, i.e. the injury, damage or suffering. 
• Scenes of violence where there is some disparity of power between the perpetrator and the victim or where the victim is vulnerable and unable to fight back or protect him/herself for some reason, for example, male violence against women or children or group violence against an individual, are likely to have a greater impact on audiences and potentially cause more offence and distress to viewers than violence between equals.

Sexual violence

Verbal references to sexual violence, e.g., in news or factual content, both before and after the watershed are unlikely to be problematic if they are not explicit and are justified by context. Obviously, more explicit references will be permissible after the watershed.

The visual representation of sexual violence requires special care and only rarely will it be appropriate for inclusion in content before the watershed. Where it is, scenes and images should be appropriately limited and non-graphic.

Even well after the watershed, the subject of sexual violence requires very careful handling. What is included must be justified by the context with viewers being clearly forewarned about what they are about to see. Content should not appear to condone or excuse sexual violence.

Any content featuring or referring to sexual violence, particularly those scheduled to transmit before the watershed should be referred to your content lawyer/compliance advisor as early as possible and, in the case of drama, before the scenes in question have been shot. 

Suicide and self-harm

Depictions of and references to suicide and self-harm (verbal or visual) require careful thought and handling. Particular care must be taken if the method of suicide is shown. The Code states that "...methods of suicide and self-harm must not be included in programmes except where they are editorially justified and are also justified by the context".

For content dealing with the subject of suicide, careful thought should be given as to whether it would be appropriate to seek professional advice on how it is being handled and how it might be perceived by vulnerable viewers. Thought should also be given as to whether or not certain information, such as a helpline number, should accompany the content. 

Care should also be taken with the use of language around someone taking their own life. You should never refer to the ease with which someone took their life, that the outcome was a relief or that the act was painless. Your content lawyer/compliance advisor can provide advice on the language used around the subject of suicide and self-harm.

Any such content, particularly content scheduled to transmit before the watershed, should be referred to your content lawyer/compliance advisor as early as possible and, in the case of drama, before any scenes portraying suicide have been shot.

Material containing hate speech, abusive or derogatory treatment

Broadcasting/publishing discriminatory comments or showing the discriminatory treatment of minorities, particularly of those that are vulnerable, may give rise to widespread offence, at any time of day. The Code states that any such discriminatory treatment or language "... for example on the grounds of age, disability, gender, race, religion, beliefs and sexual orientation ..." must be justified by the context. You should note that material of this nature could also be subject to other legal restrictions (including the criminal law). 

If you have any queries, please contact your commissioning editor, content lawyer or compliance advisor at the earliest opportunity.

Below are some of the more common areas where problems can arise.

In addition, the following rules apply to protect the public from the inclusion of offensive and harmful material: 

• Material which contains hate speech and/or material which contains abusive or derogatory treatment of individuals, groups, religions or communities must not be included in content except where it is justified by the context.

“Hate speech” is defined as “all forms of expression which spread, incite, promote or justify hatred based on intolerance on the grounds of disability, ethnicity, gender, gender reassignment, nationality, race, religion or sexual orientation.”

Significant or key contextual factors under Rules 3.1, 3.2 and 3.3 of the Ofcom Code may include but are not limited to:

• the genre and editorial content or purpose of the content  
• the extent to which sufficient challenge is provided
• the status or position of anyone featured
• viewer expectation

It should be noted that:

• The Code does not prohibit particular people or organisations from appearing in content just because their views or actions have the potential to cause offence, as long as their views/actions are appropriately challenged and/or placed in context.
• Content, including, drama, comedy and satire, may include harmful or offensive material, where there is sufficient editorial justification in keeping with viewer expectations provided there is sufficient context.
• In assessing the likely effect on viewers, Ofcom will give particular consideration to the content of statements, how they were made, and whether the material contained any direct or indirect calls to action.

Rules 3.2 and 3.3 should be read in conjunction with Rule 2.1 (generally accepted standards must be applied to the contents of television services so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material), Rule 2.4 (programmes must not include material which condones or glamorises violent, dangerous, or seriously antisocial behaviour), and Rule 4.2 (religious views should not be subject to abusive treatment). Relevant legislation such as section 1 of the Terrorism Act 2000, section 319(2) (f) of the Communications Act 2003 and sections 22 and 29F of the Public Order Act 1986 should also be considered.

ETHNIC MINORITIES

Nothing transmitted/published should be intended to stir up racial hatred or, taking into account the circumstances, be likely to do so.

Racist terms should be avoided, as should insensitive comments or stereotypical portrayals of particular ethnic groups, unless justified editorially and by the context of the content. For example, viewers are likely to accept footage of racist behaviour and language in current affairs content exposing and clearly condemning racism but are, perhaps, less so in a reality show or discussion content where an individual is effectively seen as having a platform to promote racist views without being properly challenged.

Some viewers find the use of the most racially offensive words such as 'the n word' and 'the p word' unacceptable and offensive in any context. Viewers may still be caused considerable offence, even where the person who uses the word has no racist intent, for example the use of the 'n-word' in a rap song. 

Advice should be sought from your content lawyer/compliance advisor.

Even where editorially justified, an appropriate flagging or warning that content contains racially offensive behaviour or language may be necessary. 

DISABILITIES

Comments or jokes at the expense of people's disabilities are likely to cause widespread offence and be unacceptable. Such humour can be offensive to many, even where no malice is present.

Unless editorially justified, patronising or outdated derogatory expressions relating to disability, for example, cripple, spastic or midget, should also be avoided and replaced with more neutral terms, for example, disabled person, person with cerebral palsy, person with restricted growth.

Stereotyping disabilities or medical conditions is likely to be problematic, for example, stereotyping people with Tourette's syndrome as constantly swearing or the casual use of words like "schizophrenic" to mean "in two minds" can also cause offence. The inclusion of material at the expense of people with disabilities must be justified editorially and by the context.

SEXUAL ORIENTATION

As with ethnic minorities and the disabled, the casual or insensitive use of offensive terms, relating to sexual orientation, can cause serious offence, regardless of intention. In addition, use of the word 'gay' as a negative adjective can cause offence, even where none is intended.

OTHER MINORITIES

Similar considerations apply to the treatment of other minority groups within content, for example older people and minority language groups. As with race, disability, sexuality or religion, there is some latitude for comments or humour based on or around these groups but where comments are made, content creators and Channel 4  must consider the potential of the comments to cause offence. Any offence should be justifiable on editorial grounds and by the context.

The most recent research of Ofcom into current attitudes to offensive language on TV can be found here.

Religion

Religion and religious beliefs are very important to many viewers and care should be taken with any material that might amount to an abusive or derogatory treatment of the religious views and beliefs of those belonging to a particular religion.

There is, of course, scope for valid criticism, negative comment and humour based on or concerning many aspects of religion, but it should always be justifiable editorially and by the context. Care needs to be taken not simply to undermine or ridicule central religious beliefs.

• Transparency. The identity of any religion featured should be clear to viewers. Religious views must not be promoted by stealth. 
• Fairness and accuracy. Religious programmes require careful and responsible handling. They must always be fair and accurate. 
• 'Special powers and abilities'. Claims that living individuals or groups have special powers or abilities should be considered with due objectivity and avoided in content when significant numbers of children are likely to be watching.
• 'Abusive treatment'. The beliefs and practices of religious groups featured in content must not be misrepresented or abused.
• 'Direct appeals'. Religious content should not make direct appeals to viewers to join a particular religion, that is, directly seek recruits. 
• 'Exploitation'. Religious content should not improperly exploit any susceptibilities of the audience.

(See Section 4 of the Code.)

Religion is central to many people's lives and is capable of arousing strong views and emotions. Accordingly, religious content will always need careful and responsible handling.

The following rules apply to religious content only, that is, any content where religion is the main subject or amounts to a significant part of it, which could include but is not limited to current affairs, documentary or history content  It does not include comedy content or drama or general entertainment content which is clearly non-religious in nature.

Religious programmes should always be fair and accurate, and the beliefs and practices of any religious groups featured must not be misrepresented or abused. 

In addition, the following section rules apply to religious programming.

TRANSPARENCY

Religious content should make clear to viewers the identity of any religion featured and the purpose of the content. Religious views must not be promoted by stealth.

Viewers should be clear about what they are seeing, that is, what the content is about, who is appearing or addressing them and what their purpose is, so that there can be no suspicion that the content is attempting to promote subversively the views or beliefs of any particular religion.

DUE OBJECTIVITY

Religious content should treat claims that living individuals or groups have special powers or abilities with due objectivity.

In any event, such content must not be broadcast/published when significant numbers of children are likely to be watching. This rule exists to protect the vulnerable, particularly from those that might claim to have special powers or abilities in order to encourage people to support them, for example, financially. This does not apply to the founders of recognised religions and/or belief systems, for example Jesus Christ, Mohammed, Buddha.

ABUSIVE TREATMENT OF RELIGIOUS VIEWS AND BELIEFS

The abusive treatment of people's religious views and beliefs must be avoided.

Content which, deliberately or otherwise, undermines, ridicules or disparages the views and beliefs of particular religions are prohibited. This would not prevent content from questioning or even making critical or negative comments about certain aspects of religion, for example, about the interpretation of religious doctrine, as long as the subject matter was handled responsibly and the programme or item was fair and appropriately balanced. 

Any content containing such material must be referred at an early stage to your content lawyer/compliance advisor for advice.

DIRECT APPEALS

Religious content should not make direct appeals to viewers to join a particular religion, that is, directly seek recruits. References to the positive benefits of being a member of a particular religion are unlikely to be problematic.

AUDIENCE EXPLOITATION

Religious content should not improperly exploit any susceptibilities of the audience.

Improper exploitation would be likely to include comments that suggested that if viewers did not subscribe to a particular religion, negative consequences would follow. Generally, soliciting contact from viewers who are interested in furthering their knowledge or understanding of a religion, or a particular aspect of it, following a piece of content would not constitute "improper exploitation".

Content including exorcism, the occult and the paranormal

Demonstrations of these practices must not be broadcast before the watershed. Paranormal practices which are for entertainment purposes, as opposed to those which purport to be real, can be broadcast before the watershed but not when significant numbers of children are likely to be watching. These rules don't apply to drama, film and comedy. 

This rule does not apply to drama, film or comedy.

The word "demonstration" implies some sort of physical activity and an actual attempt to undertake these practices, as opposed merely to a discussion of the issues or what's involved.

Note: Ofcom Code guidance provides the following definitions:

• "Exorcism" means the banishing of unwanted forces or entities from a person, place or thing and may be done in the name of religion or otherwise.

• "Occult practices" means practices involving secret knowledge or a secret activity usually of a religious, spiritual or mythical nature that invoke unknown powers or forces and risks a negative outcome. It includes most spells, especially those that appear to be aimed at interfering with another person's rights. Tarot is regarded as an occult practice, although insight into the future by means of other types of cards generally falls within the "paranormal".

• The "paranormal" is unexplained psychic phenomena which is intended to lead to positive outcomes. It includes clairvoyance (seeing what is out of sight), clairaudience (perceiving, as if by hearing, what is inaudible), and extra-sensory perception and mediumship (communication with the spirits of the dead). However, Ouija, given that it is generally deemed to risk a negative outcome, is likely to be classed as occult.

The Code also states that

• "Paranormal practices which are for entertainment purposes must not be broadcast when significant numbers of children may be expected to be watching".

• "Demonstrations of exorcism, the occult, the paranormal, divination, or practices related to any of these that purport to be real (as opposed to entertainment) must be treated with due objectivity".

Thus entertainment content which feature paranormal practices, that is, content where viewers know that what they're seeing is some sort of illusion, as opposed to being the result of some supernatural, unknown force, can be broadcast before the watershed, but not when significant numbers of children may be watching, that is before and after school up until about 8pm on weekdays and throughout the day at weekends and during school holidays.

In addition, there is a requirement that when the above practices are purporting to be real in post-watershed broadcasts (they cannot be shown before), they must be treated with due objectivity, meaning that content should not simply accept at face value what is happening as some sort of psychic phenomena but question and explore what alternative explanations might exist.

"Divination" means foretelling the future using magical, religious or supernatural means. There are many forms, for example, astrology, dice, crystal balls, tarot and tea leaves. Some, for example, tarot, are deemed to be part of the occult, although most are classed as merely paranormal activities.

When astrology is not based on any religious or paranormal belief system, such as in the case of most daily horoscopes, then it will be suitable for broadcast at any time of day and is not deemed to be a paranormal practice within the definition of the Code. However, when it is based on a paranormal belief system, then it falls within the definition of paranormal practices and the restrictions as outlined above would apply.

The Code also states that

• "If a demonstration of exorcism, the occult, the paranormal, divination or practices related to any of these is for entertainment purposes, this must be made clear to viewers".

• "Demonstrations of exorcism, the occult, the paranormal, divination or practices related to any of these (whether such demonstrations purport to be real or are for entertainment purposes) must not contain life-changing advice directed at individuals".

"Life-changing advice" is defined as "... direct advice for individuals upon which they could reasonably act or rely about health, finance, employment or relationships". So a clairvoyant telling someone to invest in a particular company or leave their job or their partner is prohibited at any time of day.

Hypnosis and subliminal messages

Hypnosis can be presented purely as entertainment (stage hypnosis) or as a means of helping individuals overcome particular problems or anxieties, for example phobias. In all cases, Channel 4 must "...exercise a proper degree of responsibility in order to prevent hypnosis and/or adverse reactions in viewers..." and "... the hypnotist must not broadcast his/her full verbal routine or be shown performing straight to camera". In addition, hypnotists must ensure that they are complying with the Hypnotism Act 1952 – which requires any such demonstrations for public entertainment to be licensed and prohibits demonstrations on people under 18. 

Content creators should refer to your content lawyer/compliance advisor for advice if hypnotism is to be included within content.

The Ofcom Code also states that techniques must not be used which "... exploit the possibility of conveying a message to viewers... or of otherwise influencing their minds without their being fully aware of what has occurred." In other words, if an image is deliberately included that is so brief that the average viewer would not realise that they'd seen it, then that would be unacceptable.

Preserving human dignity, scenes showing humiliation and distress

Care needs to be taken when showing or portraying people in circumstances where they are being humiliated or are in a state of distress, even where they have consented, as this, in turn, may cause distress and offence to viewers. Such scenes are most likely to be included in news and factual content, although of course they may also be portrayed in drama and film and still have the potential to cause serious upset and offence. In all cases, the inclusion of such scenes needs careful thought and must be justified editorially and by the context.

NEWS AND FACTUAL content 

Many stories in the news, by their very nature, involve people who are victims of one kind or another, for example, victims of war, terrorism, crime, natural disaster, illness or accident. Any references to such stories require care and sensitivity and must have regard to the feelings not only of the victims and their families (who may or may not be watching) but also of the wider viewing public. For example, broadcasting/publishing images of seriously injured, identifiable people in the immediate aftermath of a terrorist attack may well cause serious offence to many viewers who may consider such images to be both intrusive and distressing. Regard should be had to the individual privacy rights of those filmed. See also 'Privacy'.

Broadcast/publication of footage that actually shows individuals about to die or dying, being killed or murdered that is around or at the actual point of death, requires exceptional justification for obvious reasons. 

The inclusion of any such material will require reference up in accordance with Channel 4's Internal Procedures for Reference Up & Compliance and flagging in advance to viewers.

ENTERTAINMENT content AND TOPICAL HUMOUR

Much entertainment content bases humour on and around stories in the news. Such content is entirely legitimate but, again, where stories involve victims, content creators must have regard to the feelings not only of the victims and their families (who may or may not be watching) but also to the general viewing public who are likely both to empathise and sympathise with the victim(s) and those close to them.

Obviously there will be certain news stories in respect of which any attempt at humour will be problematic, for example, a joke about hostage taking around the time that British citizens were being held hostage and murdered in Iraq would almost certainly cause widespread offence and be unacceptable. Similarly, jokes concerning major natural disasters or serious accidents that involve loss of life around the time of these events would also be problematic.

However, there will be other stories in the news involving victims which are not so clear-cut. Generally, the more serious the plight of the victim(s), the less likely that humour or flippant comment based on the story will be permissible. For example, common sense dictates that it would be much more difficult to base humour on or around a story about the brutal mugging of a pensioner than it would be about a story concerning a businesswoman who managed to fight off or outwit her attackers. In addition, some news stories that involve victims may be so unusual or absurd that some humour is acceptable, for example, some stories appearing in the tabloids.

When considering whether it is acceptable to refer to or base humour on such stories, regard should be had to the amount of time that has lapsed between the event in question and the comments being made.

Geographical location may also play a part in deciding whether particular comments can be broadcast/published. For example, viewers are likely to be more tolerant of humour based on a story about someone who has been the victim of a crime or accident in a country on the other side of the world than they would about a similar story involving a victim in the UK. With the latter, the victim or their friends and family may be watching.

Similar considerations apply when people in the public eye die. The vast majority of viewers expect a degree of respect to be displayed for those that have recently died and for those close to them. Consequently, humour based around a recent death is unlikely to be acceptable.

CONCERNS ABOUT CONTRIBUTOR WELFARE

The Ofcom Code requires care to be taken to ensure audiences are protected from uncontextualised offence that can arise from seeing or hearing vulnerable participants in content whose welfare they think might not have been protected.

Protecting viewers with photosensitive epilepsy

Some viewers with photosensitive epilepsy are sensitive to flashing lights and certain repetitive visual patterns, many of whom don't even know they have this sensitivity.

All content should comply with Ofcom's guidelines in relation to the requirement to maintain a low level of risk to viewers who have photosensitive epilepsy. Content that does not comply is likely to fail its technical review and sequences may have to be altered or removed. The guidelines can be found on Ofcom's website, annexed to the guidance notes accompanying Section 2 of the Code.

As a very basic guide, if a sequence of flashes occurs more than 3 times per second and covers more than a quarter of the screen, it is likely to be problematic.

On occasions the Ofcom Code anticipates that it may not be reasonably practicable to follow this guidance. Where that is the case and where it can be demonstrated that the broadcasting/publication of such flashing lights and/or patterns is editorially justified, alerting viewers in advance will suffice – for example, flash photography in a live or fast turnaround news item at a film premiere or some other similar event. The warning should be given verbally and also if appropriate in text at the start of the content or particular item. Before this is done, content creators  should always seek the advice and consent of their commissioning editor.

FLASHING IMAGES AND REGULAR PATTERNS

• Please note the need for all broadcast content to comply with the Ofcom Guidance Note on Flashing Images and Regular Patterns in Television which can be found at Annex 1 of the document here.
• The guidelines are designed to avoid the risk of triggering an attack of photosensitive epilepsy in vulnerable viewers. The guidelines are technically complex, but potentially problematic images include strobe lighting, flashes from cameras and graphics containing large amounts of rapidly changing colours.

Related links

• See Section 2 of the Ofcom Code

• Ofcom research into current attitudes

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