CAB Code of Ethics

Commentary re Clause 11: Viewer Advisories

Precedents Relating to the Use of Viewer Advisories

In CJOH-TV re “White Men Can’t Jump” (CBSC Decision 94/95-0060 March 12, 1996), the broadcaster had aired a feature film based on the street life of California which, as the Ontario Regional Panel observed, was “replete with epithets and very coarse street language.” The broadcast began at 9:00 PM, preceded by an oral advisory and an on-screen advisory, followed by three further advisories during the first hour at each of the commercial breaks. The complainant took offense to both the language and the time of day the film was broadcast. The Panel was of the view that where

viewers were alerted to the program content in accordance with the terms of Article 5 of the Violence Code, the airing of the film at 9:00 pm would not give rise to a violation of the Code. This was indeed the case here; the viewer advisories were ample and the Council agrees that there was no breach of the Code.

In CKX-TV re National Lampoon’s Animal House (CBSC Decision 96/97-0104, December 16, 1997), regarding a complaint about bare breasted women shown in a late-night movie, the Prairie Regional Panel stated:

The complainant’s concern regarding the broadcaster’s viewer advisory is two-fold; in his view, the advisory was both too infrequent and too vague to provide adequate guidance to parents.

With respect to the frequency of the advisory, as noted above, the advisory was aired at the beginning of the movie, then after the first commercial break and then only once again after the first commercial break in the second hour of the movie. If the issue in this case had related to violent content, in accordance with the requirements of the Violence Code, the placement of the advisories would have been inadequate. While, in the absence of an explicit requirement to air advisories for other types of adult content, such as that involved in this matter, there has been no breach of the Code, the Prairie Regional Council considers that it would be helpful to viewers for broadcasters to include advisories in the other circumstances envisaged in Appendix A (coarse language, nudity and mature subject matter) with the frequency otherwise required in Clause 5.1 of the Violence Code.

Regarding the content of the viewer advisory which was aired, the Council agrees with the complainant that the simple addition of the word “nudity” would have afforded viewers with much better guidance enabling them to make more informed viewing choices. The text of the advisory, which was provided in both an auditory form and on screen, was as follows:

Tonight’s Prime Ticket Feature may have scenes containing coarse language, violence and/or adult situations. Viewer discretion is advised.

It would have been helpful to viewers if the broadcaster had chosen the one of the sample viewer advisories in Appendix A which combines both “mature subject matter” and “scenes of nudity” (along with a warning for coarse language which was not at issue in this complaint). That sample advisory, if adapted to the show in question (which contained plenty of slapstick-like action although no realistic violent elements), might have read as follows:

Tonight’s Prime Ticket Feature deals with mature subject matter and contains scenes of nudity and coarse language. Viewer discretion is advised.

The sample advisories provided in Appendix A of the Violence Code are not intended as hard and fast rules regarding the content of viewer advisories, but rather as illustrative examples to assist broadcasters in their choices. The point is that the addition of the word “nudity” in the advisory would have been more in keeping with the principles set out in the Code.

In CHRO-TV re Dead Man’s Gun (“The Mesmerizer”) (CBSC Decision 97/98-1208, February 3, 1999), the Ontario Regional Panel dealt with a complaint about a dramatic series set in the old “wild west”. An enchanted gun is passed from one character to another over the course of the series, bestowing upon the current holder of the gun certain magical powers. This episode aired at 9:00 pm and did not contain any viewer advisories. In the scene that elicited the complaint, a hypnotist used the gun’s power to coax a woman to undress and presumably (because no actual sexual activity is shown) have sex with him. The scene included a brief glimpse of the woman’s bustier, then her exposed breasts, but the majority of the short scene shows the topless woman in knickers from the back. The Panel concluded that the scene was not necessarily “intended for adult audiences” and thus did not require viewer advisories in a 9:00 pm time slot.

In CFPL-TV re episodes of Hercules: The Legendary Journeys and Xena: Warrior Princess (CBSC Decision 98/99-0306, June 17, 1999), the Ontario Regional Panel dealt with a complaint regarding the sexuality and violence contained in two adult fantasy programs. The Panel took no issue with the Sunday afternoon scheduling and PG rating of the programs. It did not agree with the complainant that the programs contained “porn images” and “S&M”, finding rather that they contained “suggested sexual activity”. The Panel concluded that Hercules did not require any viewer advisories at all and that Xena required advisories due to its violent component only.

In TQS re two episodes of Sexe et confidences (CBSC Decision C01/02-329, April 5, 2002), the Quebec Regional Panel dealt with two episodes of an hour-long sex information program hosted by sexologist Louise-Andrée Saulnier. Both episodes were broadcast at 1:00 pm and neither contained any viewer advisories. The first episode discussed bestiality. Saulnier related legends and folklore surrounding the practice, academic studies on the subject and methods of performing bestiality. She also took telephone calls from viewers who described their bestiality experiences or stories they had heard. The program included visual images of bestiality taken from the Internet. The episode was rated 18+. The second episode was about the act of strip-tease. It included scenes from films involving strip-tease which featured bare breasts, and interviews with strip club employees and clients. That episode was rated 16+. The Panel determined that the bestiality episode was intended for adult audiences and thus required viewer advisories and a post-Watershed time slot. It also determined that the strip-tease episode did not require a post-Watershed time slot, but was clearly unsuitable for children which is the criterion that triggers the requirement for advisories in programs aired before 9:00 pm. The broadcaster was found in breach for its failure to provide any advisories in either episode.

In TQS re the movie L’inconnu (Never Talk to Strangers) (CBSC Decision 98/99-0176, June 23, 1999), the Quebec Regional Panel found TQS’ broadcast of the feature film Never Talk to Strangers at 7:30 pm in breach of the scheduling provision of the Violence Code. The Panel found that some of the scenes depicting violence and sexuality were intended for adult audiences. The Panel also found TQS’ provision of viewer advisories inadequate.

Given that the movie was broadcast outside of late evening hours, it is subject to the requirements of Clause 5.2 of the Violence Code which states that “broadcasters shall provide a viewer advisory at the beginning of, and during programming telecast outside of late evening hours, which contains scenes of violence not suitable for children [Emphasis added]”. To fully appreciate the meaning of the emphasized words, one must consider the requirement of Clause 5.1, which requires the viewer advisories be provided “at the beginning of, and during the first hour of programming telecast in late evening hours [i.e. post-watershed]” which contains elements of violence intended for adult audiences. In the Council’s view, the effect of these provisions is that the broadcaster must provide viewer advisories during the full length of a pre-watershed program which contains violent scenes “not suitable for children.” If the codifiers had intended that advisories be limited to “the first hour” of programming requiring advisories at all, they would have chosen parallel language for the two sub-clauses.

In any event, the broadcaster in this case failed on either count. The Council does not consider that the one-time scroll of the viewer advisory meets the requirements of providing viewers advisories during programming.

[...]

The Council finds that, by providing only a late second chance for viewers to receive important information concerning the program they might have been considering watching, TQS failed to meet the requirements of Clause 5.2 of the Violence Code.

In TQS re Strip Tease (CBSC Decision 98/99-0441, February 21, 2000), the dubbed version of the theatrical motion picture, broadcast by TQS at 8:00 p.m. and rated «13 ans», contained some scenes of strip tease performances during which bare breasts were in plain view. The Quebec Regional Panel found no breach since the broadcaster had aired the film “with appropriate advisories [broadcast at the beginning of the film and before the end of the first hour] and the rating icon established by the Régie du Cinéma [thus providing] sufficient opportunity for those who might prefer not to see the film or not to have it available for their families to make that choice.”

In WTN re Sunday Night Sex Show (CBSC Decision 99/00-0672, January 31, 2001), the National Specialty Services Panel considered a complaint that the 8:00 pm (Pacific) broadcast of this program, a call-in show on which the host answers questions and gives advice on matters relating to human sexuality, was too early. The program was preceded by the following viewer advisory in both oral and on-screen form: “This program contains sexually explicit dialogue. Viewer discretion is advised.” There was another advisory following the second commercial break but no other viewer advisories following the first, third and fourth commercial breaks. Consequently, the Panel found a breach of the Viewer Advisory provision of the Violence Code. The Panel felt it was

important to emphasize the informative value to viewers of advisories coming out of every commercial break. It is not reasonable to expect that viewers who may be channel-surfing or simply turning on their television sets ten or fifteen or more minutes into a show should be deprived of such important viewing information. This is the moreso true when the broadcaster knows that a program containing adult content will be shown on a pre-Watershed basis in some parts of the country. In the matter at hand, the broadcaster inserted viewer advisories at the beginning of the program and after the second commercial break. There were none after the first, third or fourth commercial breaks. In this respect, despite the care which was taken in the scheduling of the program, the absence of the required advisories during the entire first hour of the show constitutes a breach of the Code.

In CTV re The Sopranos (CBSC Decision 00/01-0130+, March 8, 2001) the National Conventional Television Panel considered whether the broadcaster’s use of viewer advisories was appropriate given the subject matter of this program which follows the life of a fictional New Jersey Cosa Nostra boss. The series contained scenes of violence, nudity, sexual activity and coarse language. In concluding that the broadcaster had failed to abide by the requirement that viewer advisories be shown coming out of every commercial break, the Panel made some important clarifications on the use of viewer advisories:

The purpose of viewer advisories is sometimes thought to be oriented toward children. While their utility for that purpose is clear and important, they are, as a tool, media literacy based and oriented toward adults as much as children. They are intended to provide viewers with sufficient information to enable them to determine, whether for their children or for themselves, what will be suitable viewing fare. It is of the essence of the Canadian broadcasting system, which, the Broadcasting Act provides, encourages diversity of programming for the broad range of interests and tastes of Canadians, that potential viewers be advised, even after the protective Watershed hour (which is principally children-oriented), that programming may contain elements which they may not find palatable.

To assist broadcasters in providing such information to their audiences, Canada’s private broadcasters have provided a number of different wording choices as a part of their Violence Code. In this case, however, the broadcaster has chosen to tailor, more carefully, in the view of the Panel, than the “boilerplate” options would suggest, a form of advisory which is targeted at the precise nature of this unusual show. CTV has clearly and assertively provided the following advisory, in both written and oral formats, prior to the rolling of the opening credits and immediately following them, so that viewers are twice informed of the extreme nature of the programming before the program even begins.

This program is not intended for children. It contains scenes of violence, extremely coarse language and nudity. Some adults may be offended by the content. Viewer discretion is strongly advised.

In addition to telling viewers what is in the programming, the broadcaster has adverbially underscored both the coarseness of the dialogue and the advisability of discretion in making this viewing choice. It has also made it laudably clear that the program is not only not intended for children but that some adults may be offended by the content.

The Panel also clarified that the rule concerning the Watershed hour, classification icons and viewer advisories are a “package” not meant to be separated, that “are collectively essential to the operation of the broadcasters’ Violence Code safeguards for public viewing.”

In CFCF-TV re the premiere episode of Dark Angel (CBSC Decision 00/01-0183, August 22, 2001), the Quebec Regional Panel viewed a program that aired at 7:00 pm and contained no viewer advisories. The Panel concluded that the coarse language, such as “kick ass” and “bitch”, were not suitable for children and thus the broadcaster was subject to Article 5.2 of the Violence Code. The Panel found a breach of this clause for the absence of any viewer advisories.

In Showcase Television re the movie Rats (CBSC Decision 99/00-0772, August 23, 2001), the movie was preceded by a viewer advisory in audio and on-screen formats which stated: “The following program contains scenes of nudity and coarse language. Viewer discretion is advised.” Thereafter, following each commercial break, an oral advisory was broadcast which stated simply “Viewer discretion is advised.” Firstly, the National Specialty Services Panel concluded that the wording of the initial advisory did not accurately describe the contents of the film since there was no nudity; there were, however, scenes of sexual activity, mature subject matter and some disturbing scenes, which the advisories should have indicated. Secondly, the Panel found that the shorter advisories coming out of the commercial breaks were inadequate because they did not provide “any reasons for which a viewer might choose to exercise discretion.” Thirdly, the shorter advisories’ audio-only format was insufficient because “this warning in audio format only is of no assistance to the hearing impaired or to those who may be glancing at their television sets at a distance or with the volume turned down or otherwise rely on visuals only to determine the viewing choices for their household.”

The feature film examined in WTN re the movie Wildcats (CBSC Decision 00/01-0964, January 16, 2002) contained very coarse language and some nudity. The broadcast contained no viewer advisories whatsoever. The Panel determined that the coarse language constituted “scenes intended for adult audiences” and thus should have been shown after 9:00 pm. It also found that absence of any viewer advisories was clearly in breach of Article 5, especially considering that the film aired outside of evening hours.

In Bravo! re the film The House of the Spirits (CBSC Decision 00/01-0738, January 16, 2002), the complainant expressed the opinion that classification icons and other such tools are not effective since not everyone is aware of them. The National Specialty Servcies Panel responded to this assertion with the following:

Even if the complainant is correct regarding current audience employment of, and appreciation of the importance of, these valuable viewing tools, the Panel does not accept that members of the audience ought to be relieved of their responsibility in becoming familiar with the tools and their use. The viewer aids have been established by broadcasters to improve the audience’s arsenal of information which will enable them to make informed choices regarding programming selection. Broadcasters now also encode programs with the required information for the operation of the V-chip in order to give audiences yet another opportunity to ensure that programming they may not wish to see can be avoided. It would not be reasonable to conclude that viewers should abdicate their responsibility to take the fullest advantage of these viewing aids. It may be a question of time and effective media education but it is a step that must be taken. Broadcasters still have their own obligations relating to the Watershed and other Code-related standards but viewers must play their role in the exercise of the viewing options that broadcasters have equipped them to undertake.

Although the film contained a viewer advisory in both oral and visual form at the beginning, the Panel was unable to comment on whether adequate advisories were broadcast during the film because the broadcaster provided the Panel with screener tapes rather than logger tapes, which did not contain that information.

In Discovery Channel re an episode of The Sex Files (CBSC Decision 00/01-0791, January 16, 2002), the National Specialty Services Panel noted that, although such documentary programming may be exempt from the classification icon rule, it is still required to feature viewer advisories if it contains subject matter that some viewers may find offensive. This episode of The Sex Files had viewer advisories coming out of every commercial break, but none at the very beginning. The broadcaster cited the relocation of its master control facilities as the reason for this omission. The Panel stressed that “the obligation to provide such advisories is an obligation of result” that must be met regardless of occasional dispositions that arise. It also stated that

the initial advisory is obviously crucially important in that it is the first opportunity for viewers to be made aware that upcoming programming may not be to their tastes. They are then able to avoid such programming before it begins, rather than having to view the beginning of the program to determine if it is or will be suitable for them.

In Showcase Television re the movie Caniche (CBSC Decision 01/02-0032, May 3), the broadcaster provided a viewer advisory at the beginning of the movie, but not again until the end of the fourth and fifth commercial breaks in this movie featuring scenes of incest and bestiality. The movie aired from 12:15-2:00 am. The National Specialty Services Panel found the provision of advisories inadequate under 5.1 of the CAB Violence Code.

In Showcase re an episode of Queer as Folk (CBSC Decision C01/02-217, September 13, 2002), the National Speciatly Services Panel dealt with a complaint about the sexual content of this drama series that follows the lives of gay men and women living in Pittsburg. The episode was broadcast at 10:00 pm and contained explicit scenes of sexual activity, including some between a 17 year-old male adolescent and a 30-something man, frank discussions about sex and extremely coarse language. The episode contained an advisory in audio and visual format at the beginning of the episode alerting viewers to the nudity, sexuality and coarse language. An advisory appeared again after the second commercial break, but it was in audio format only and simply stated "We now return to Queer as Folk. Viewer discretion is advised." No advisories appeared coming out of the first or third commercial break. The Panel found the broadcaster in breach for its failure to air advisories coming out of every commercial break and for providing the second, less informative, advisory in audio format only.

In The Comedy Network re an episode of Gutterball Alley (CBSC Decision 01/02-0450 & 01/02-0481, September 13, 2002), the National Specialty Services Panel dealt with a complaint about an usual game show. Contestants had to perform stunts or answer quizzes in order to win bowling balls that they then threw down a bowling alley to win cash prizes. The majority of the stunts and quizzes had a sexual aspect or component to them. For example, in one game, the contestant had to watch video clips of pornographic movies and then guess what the actor's next line would be. (The f-word appeared in one of these clips and once more immediately beforehand.) In another, a male contestant had to taste a series of flavoured condoms, which had been placed over dildos, and guess what the flavour was. The stunts were also interspersed with comedy skits that also generally had sexual themes. As well, at the end of this particular episode, members of the performance art troupe "Puppetry of the Penis" appeared as special guests and were incorporated into a game show stunt. Two men, wearing only capes, manipulated their penises and testicles into various shapes; the contestant had to guess what each form represented. The program aired at 9:30 pm and included a viewer advisory at the beginning of the program only alerting viewers to the "mature subject matter." The Panel concluded that due to the coarse language (which constituted "scenes intended for adult audiences"), the program required viewer advisories at the beginning and coming out of every commercial break. It also elaborated on the general purpose of and expectations for viewer advisories in the following terms:

Viewer advisories differ slightly from classification issues. They are broader and more descriptive (and have, on the basis of CBSC decisions, been required in the case of programming including scenes of any type intended for adult audiences). They provide people with more than a single "catch-all" basket category for levels of coarse language, violence, nudity and sexual content. In descriptive words, they advise viewers of the kind of content they can anticipate encountering in a program about to be, or currently being, aired. In the matter at hand, the broadcaster is obliged to advise its audience of the coarse language in the program. It has done so only once, at the start of the program, and then only mentioned "mature subject matter". There was no reference to coarse language at all, nor was there any subsequent viewer advisory coming out of the later commercial breaks.

Bravo! re the film Chippendales & the Ladies (CBSC Decision C01/02-379, September 13, 2002) involved a documentary about the male strip-tease act, the Chippendales. The film included interviews with the male dancers and the women who attend their shows, as well as some scenes of performances involving provocative dancing, bare buttocks and men in G-strings. The program was aired at 8:00 pm EST (6:00 pm MST - the complainant's time zone) and rated 14+. It contained one advisory in audio and visual format at the beginning of the program alerting viewers to the scenes of nudity. No other advisories were broadcast during the documentary. The National Specialty Services Panel found no breach for the program's pre-Watershed time slot, but did conclude that the near-nudity and mature nature of the provocative dancing were unsuitable for children and thus required advisories throughout the program.

TQS re the movie Les Girls de Las Vegas (Showgirls) (CBSC Decision 01/02-0478, December 20, 2002) dealt with a 9:00 pm broadcast of a movie about the erotic dance industry that contained considerable nudity, as well as two scenes of explicit sexual activity each of three minutes duration. The first involved the main female character, completely nude, performing a lap dance on a clothed male to the point of his orgasm and the second showed the same couple having frenetic sex in a swimming pool. There was also one scene of an implied rape in which a woman comes out of a bedroom with blood on her legs. The movie was preceded by an advisory in audio and visual format, but only one other advisory was provided in a scroll at the bottom of the screen 49 minutes into the program. The Quebec Regional Panel found this provision of advisories inadequate, stating that advisories must be present at the start and coming out of each commercial break during the first hour and all advisories must be in audio and visual format.

TVA re Je regarde, moi non plus (CBSC Decision 01/02-0452, December 20, 2002) dealt with a magazine-style program in which panellists and guests discuss topic related to sexuality and relationships, often accompanied by relevant visual material. It was broadcast Friday evenings from 10:30 to 11:30 pm. In the episode reviewed for the decision, segment topics included escort services, sex toys and vaginal versus clitoral orgasms. The video clips used to introduce the report on escort services featured nude women and a brief scene of an orgy. Other visual content included an apron designed to look like female breasts which was used during the sex toy segment, and a cartoon drawing of a man with an erect penis. The program carried only a mock advisory at the beginning of the program. The Quebec Regional Panel concluded that the program was intended for adults and thus required adequate viewer advisories throughout the broadcast:

Advisories should have been aired at the beginning of the program and following each commercial break. It goes without saying that the humorous “advisory” used at the beginning of the challenged episode is not what the Panel has in mind. This is not to suggest for an instant that the broadcaster is not entitled to include such a light-hearted element in its program but rather to explain that TVA must find a way to include the serious advisory at the times required for the benefit of audience members wishing to make informed viewing choices for themselves and their families.

In TQS re the movie L'Affaire Thomas Crown (The Thomas Crown Affair) (CBSC Decision 01/02-0622, December 20, 2002), the Québec Regional Panel dealt with a complaint about the scheduling of a sexual scene in a movie broadcast at 7:00 pm. The scene, lasting approximately two minutes, showed the male and female main characters engaged in sexual activity with bare breasts and buttocks visible. The broadcast was rated 8+ and there were no viewer advisories at all at the beginning of or during the broadcast. The Panel concluded that the 7:00 pm scheduling of the film was acceptable in light of Québec standards on sexuality, but that the rating should have been 13+. The Panel observed that TQS likely failed to include advisories because it felt that the film was appropriately rated 8+, but that, in light of the Panel's decision that the film was unsuitable for both young children (under 8) and older children (defined by the Code as 12 and under), the failure to air advisories was in violation of the Code.

In Showcase Television re The Cops (CBSC Decision 01/02-1076, February 28, 2003), the National Specialty Services Panel dealt with a complaint about the use of the f-word and variations thereof in a police drama series. The episode reviewed for the decision also contained one scene showing the bloody aftermath of a knife attack. The program aired at 5:00 pm and did not contain viewer advisories. Based on previous decisions, the Panel concluded that the numerous instances of the f-word necessitated both a post-Watershed time slot and viewer advisories. It also commented that had Showcase included such advisories, "it might have been helpful to viewers to also refer to the one scene depicting the knife wound."

In W Network re My Feminism (CBSC Decision 01/02-1120, February 28, 2003), the National Specialty Services Panel examined a complaint about a documentary which aired at 7:00 pm and did not contain any viewer advisories. The documentary contained interviews with prominent feminists who provided their opinions on a variety of topics including pornography, marriage and divorce, cultural differences, religion and politics. In the segment dealing with religion, one woman complained that the Irish Catholic Church keeps women in subordinate positions and that she cannot believe in a religion "which can mind-fuck to that kind of extent." The Panel acknowledged that in previous decisions it had been determined that the f-word constituted "scenes intended for adult audiences" thus requiring a post-Watershed time slot. and viewer advisories Given the isolated use of the word in this documentary context, the Panel did not reach the same conclusion in this matter:

[W]hile the Panel understands that some of the important themes may be mature, in the sense that younger family members might benefit from the elucidation of parents, this alone is not a reason to mandate viewer advisories. Nor, for the reasons given above, does the Panel consider that the isolated but contextually justifiable use of the f-word require such treatment. That being said, CBSC Panels have been aware of circumstances in which broadcasters, out of consideration for sensitive members of their audiences, have provided such warnings to help them make informed viewing choices.