Watershed (broadcasting)

The terms the watershed or safe harbor are used for the time period (or the times delimiting this) in television schedules during which 'adult content' can be shown. Adult content is usually defined as images or language depicting or referring to explicit sexual intercourse, graphic violence, or drug use and the use of strong language.

Watersheds by country

Argentina

According to COMFER, the watershed starts at 10:00 p.m., and finishes at 8:00 a.m. the next morning.

Australia

On Australian television MA15+ programmes are not allowed to be shown before 9:00PM. However, the time difference between New South Wales and Queensland during daylight saving in the former, and the fact that some stations broadcast into southern Queensland from northern New South Wales (specifically the Gold Coast), effectively pushed the watershed time back to 8:30 p.m. Complaints from concerned citizens forced these stations to broadcast as per local time.

AV15+ is a television specific variation of the MA15+ rating indicating the program contains "Adult Violence" and programs given this rating are not allowed to be screened before 9:30PM. As such, most MA15+ programs generally begin after 9:30pm.

With the exception of subscription narrowcast channels, anything rated R18+ may not be shown on Australian television at any time, and must be edited to fit within MA15+ or AV15+ guidelines.

Subscription narrowcast channels may broadcast R18+ materials, but must ensure that the material is restricted to access by those with appropriate disabling devices.

Since its inception in 1995 Pay TV channel Adults Only has only broadcast from 10:45 p.m. (9:45 p.m. at times) until 4:45 a.m. Although it is advertised until 6:00 a.m., it broadcasts only a test signal in the intervening time. However since the inception of Adults Only Select (a pay-per-view service) in 2004, it has all but eliminated the watershed time.

Austria and Germany

In the main German-speaking countries, the watershed is between 10:00 p.m. and 5:30 a.m. However, programmes marked "Keine Jugendfreigabe" (not approved for minors) under FSK may only be shown after 11:00 p.m.

Brazil

According to the new rules of DJCTQ, TV shows rated for people over 16 years old can only air between 10 p.m. and 6 a.m., while shows rated for those over 18, can only air between 11 p.m. and 6 a.m. The ratings, however, are administered by the television networks themselves, which are responsible for rating their shows, which means that DJCTQ acts merely as content controller, acting after the inappropriate content for children has already been aired (as it happened with Rede Globo's Duas Caras). Self-censorship is not uncommon, such as when the head of Rede Record edited all nude scenes in the telenovela Poder Paralelo, which could air such scenes, once it is broadcast after 10 p.m. This generated controversy, since violent scenes remained untouched.

Canada

The watershed starts at 9:00 p.m., and finishes at 6:00 a.m. the next morning. Sexually explicit content, some offensive language and other adult material is not allowed outside the watershed.

See also: Censorship in Canada

Finland

In Finland, all the major television companies (YLE, MTV3 and Nelonen Media) have agreed not to show 11 rated content before 17:00, 15 rated content before 21:00 and 18 rated content before 23:00. 15 and 18 rated programs are marked on the schedule with K15 or K18 respectively but 11 rated content is not marked. In 2008 a K13 rating was introduced. Content with a K13 rating is not shown before 19:00. Television channels use their own discretion to decide the ratings. However non-sexual nudity itself is not grounds for a mature rating.

Greece

Greek TV uses a triple-tier watershed, along with a five-tier color-coded decal scheme, displayed in the beginning and in regular intervals during all broadcasts except for news bulletins. A white rhombus in green indicates programming that is suitable for all ages and times of day. A white circle in blue ("Suitable for children, but parental consent is desired") is used in cases that may potentially upset children. A white triangle in orange ("Suitable for minors, but parental consent is necessary") indicates mild violence or language that will upset younger children, and such programming is only allowed between 7:00 p.m. and 6:00 a.m. A white square in purple ("Unsuitable for viewers under the age of 15") indicates foul language, violence, or erotic -but not explicit- situations and such programming is only allowed between 9:00 p.m. and 6:00 a.m. A white X in red ("Adults only") indicates programming allowed only between midnight and 6:00 a.m. Foul language before midnight is punishable by fine, except when used in the context of a suitably labelled movie film, theatrical play, etc. The color-coded ratings are mandatorily displayed and verbally announced at the beginning of each broadcast. These provisions are enforced by the National Radio and Television Council (ESR), an independent authority, the executive members of which are appointed by the leaders of all parliamentary parties, preferably by unanimous consent and in extremis by an 80% supermajority.

Ireland

The watershed in Ireland starts at 9.00 p.m. and finishes at 5.30 a.m. the next morning. On premium film or pay-per-view services requiring a subscription, the watershed starts at 8.00 p.m. However, 12, 15 and 18 rated films can be shown on PIN protected channels (such as Sky Movies) at any time of the day. Viewers are required to enter their PIN to view.

See also: Media in Ireland

Italy

According to Codice Tv e minori (Code for Children and Television, 2002), all the channels must broadcast "general audience" programmes from 7 a.m. to 10:30 p.m., and programmes "directed to children and adolescents" only from 4 p.m. to 7 p.m.. After 10:30 p.m. +14 programmes can be aired. +18 programmes cannot be broadcasted on television anytime.

New Zealand

On free-to-air channels (but not SKY) programming rated Adults Only is only allowed between 8:30 p.m. and 5:00 a.m. Adults Only programming is also allowed to air between midday and 3:00 p.m. on school days (this situation is probably unique to New Zealand). Sports programming and news bulletins are exempt from the system altogether, but do still carry warnings before certain stories.

Portugal

Open channel terrestrial TV stations (RTP, SIC and TVI) can only broadcast programs and movies rated 16 or 18 between 11pm and 6am. On cable TV however there are no restrictions of broadcasting, except pornography which can't be broadcasted at all without encrypted signal, requiring an IRD to be seen.

Switzerland

Switzerland has no watershed. However, broadcasters are required by law to avoid any confrontation of minors with unsuitable programming through the choice of transmission time.

United Kingdom

According to Ofcom, the watershed on standard television in the UK starts at 09:00 p.m., and finishes at 5:30 a.m. the next morning. Programmes that are 15+ are shown during this period. However, some 12+ shows can be shown before 09:00 p.m., such as The Simpsons, Malcolm in the Middle and Doctor Who. On premium film or pay-per-view services requiring a subscription, the watershed starts at 8:00 p.m. However, 12, 15 and 18 rated films can be shown on PIN protected channels (such as Sky Movies) at any time of the day. Viewers are required to enter their PIN to view. There should be a gentle transition to adult material, and 18-rated material is not allowed to be shown before 10:00 p.m.

See also for the UK: The Ofcom Broadcasting Code - Section 1

United States

The term "watershed" is not used in this context in the United States. In the US, the "safe harbor" for adult programming begins at 10:00 p.m. (22:00) and ends at 6:00 a.m.(06:00) the next morning (all time zones). This "safe harbor" was established by the US Supreme Court case FCC v. Pacifica. That case distinguished "obscene" material (which is always banned by US law) from the broader category of "indecent" material (which may be broadcast during safe harbor). Because the FCC's jurisdiction only covers channels broadcast terrestrially and not those only available on cable, restricted-access networks (like the premium channels Showtime and HBO, with shows such as Sex and the City, or adult channels Playboy TV and Spice) have taken considerably more leeway in their programming.

Some American television scenes famous for "pushing the envelope" (such as limited nudity on NYPD Blue) were aired in the 10:00 p.m.–11:00 p.m. hour; however, these broadcasts were before the Safe Harbor in the Central and Mountain time zones, where programming scheduled for 10:00 p.m. EST would typically be broadcast starting at 9:00 p.m. (using a one-hour delay in Central time).

Because each US time zone enters safe harbor separately (at 10pm local time), it is possible for network affiliates who air an "indecent" program at the same moment to not all face the same penalties. Such was the case with CBS, whose affiliates faced a proposed fine of US$3.63 million for a repeat of the episode "Our Sons and Daughters" of Without a Trace in December 2004. The program was flagged for depicting an orgy involving teenagers. It was televised at 10:00 p.m. in the Eastern and Pacific time zones (within the watershed), but at 9:00 p.m. in Central and Mountain times (outside the watershed). The FCC split its fine among the 111 CBS affiliates covering these time zones. After a court settlement, the network agreed to pay US$300,000 in fines.

In the 1970s, the ill-fated Family Viewing Hour tried to make the 8:00 p.m.-9:00 p.m. hour (7-8:00 p.m. Central/Mountain) safe for family consumption, but was overturned in court due to the way it was instituted.

On July 13, 2010, the United States Court of Appeals for the Second Circuit struck down the FCC’s indecency policy saying "We now hold that the FCC’s policy violates the First Amendment because it is unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here. Thus, we grant the petition for review and vacate the FCC’s order and the indecency policy underlying it."

External links

• The Ofcom Broadcasting Code - Section 1
• Canadian Broadcast Standards Council - What is the Watershed?