THE FACTS
Two parents from different areas of Ontario complained about the Mighty Morphin Power Rangers series, a 30-minute program aired daily (on week-days) at 7:30 a.m. on CIII-TV (GLOBAL TELEVISION) in the City of Toronto and on its repeater stations throughout Ontario.One letter was sent by a Metcalfe parent to the CRTC on April 29. (Metcalfe is a small community near Ottawa.) Her sons were aged 2-1/2 and 4-1/2. She stated:
I am writing this letter regarding this show as I am a very concerned parent and I am tired of violent shows. I find after my children watched this show, they both started kicking each other and trying to act out like Power Rangers. This show has been banned from my sons' school.
The second parent, the North York mother of a 7-year old son, wrote to the Commission on May 2, 1994. She detailed her concerns:
I am writing to bring your attention to a children's program called Mighty Morphin Power Rangers, which is shown on Global and YTV in Toronto. The show is very violent and I suspect that it violates the new rules against violent children's programs.I have attached an article from the Toronto Star which states that "Power Rangers speak violence". I can attest to the fact that this is definitely true from my own experience. After watching this show for about two weeks, our seven year old son's teacher called to complain of his aggressive behaviour. We decided to stop letting him watch Power Rangers and his teacher phoned to say that there was a big improvement in his behaviour.
Neither complainant mentioned specific dates of episodes which caused them concern but it appeared sufficiently evident from their letters that their concern was the entire series. In the circumstances, the CBSC ordered logger tapes from the two weeks which corresponded to the dates of their letters.
The Initial Broadcaster Reply
The CRTC sent the first complaint to the CBSC on May 31 and the second on June 27. Despite the delays involved in forwarding the complaints to the CBSC, the CBSC received the full co-operation of the broadcaster with respect to the provision of air checks of the programs run during the full weeks of April 25 and May 2, 1994. In each case, Global Television's Director of Public Relations and Media Relations responded to the complainant within 14 days of receiving the CBSC letter advising CIII-TV (GLOBAL TELEVISION) of the complaint. The substance of the Global replies was identical. The two responses laid out the broadcaster's position in the following terms:
"Mighty Morphin Power Rangers" is perhaps one of the most popular children's programs currently being broadcast. In fact, during one personal appearance event in Los Angeles, more than 35,000 children and parents came to see the stars of the show.We believe the series to be action-oriented and not violent. Each episode carries a redeeming moral message and promotes camaraderie and friendship. South of the border, the stars of the show were chosen to head up an anti-drug public service campaign because of the positive image their characters relayed to young viewers.
Since the dawn of television, children's programming, including most cartoons, have depicted "good" triumphing over "evil". "Mighty Morphin Power Rangers" continues this long-standing tradition.
We will, nonetheless, continue to monitor this program. In the meantime, "Mighty Morphin Power Rangers" will continue to be broadcast weekday mornings at 7:30 a.m.
Shortly after receipt of these letters, both complainants declared that they were not satisfied with the broadcaster's response and requested that the Ontario Regional Council consider their complaints.
The CRTC Letter
In the second file, William Allen, Director of Public Affairs at the CRTC, took the unusual (from the Council's point of view) but appropriate step of sending an additional letter to the second complainant (on June 7, 1994), explaining the odd position which resulted from the fact that the complaint referred to two broadcast undertakings, one of which was a member of the CBSC and another which was not: (The series is also available daily at 4:30 p.m. on YTV and Fox)
You will see that the code, which went into effect on 1 January 1994, will be administered by the Canadian Broadcast Standards Council (CBSC). As Global is a member of the Council, I have referred your concerns to the CBSC for consideration and you should be hearing from it shortly.However, the CAB code is only the first to have been submitted to the CRTC. As you will see from the enclosed news release, specialty and pay-TV services along with the cable television industry, independent producers and advertisers have all committed to adopt their own specific action plans to deal with the issue of television violence. In fact, these have been submitted to the Commission and are currently under review.(Regrettably, none of these is in force as at the date of this decision. See the Council's observations in this regard below)
The Second Global Letter
The files include another letter, this from a representative of the Legal and Regulatory Affairs Department at Global, which was sent to the Canadian Broadcast Standards Council and not to the complainant. It denies that the program "in any way" contravenes the Canadian Association of Broadcasters Voluntary Code regarding Violence in Television Programming. It also provides an explanation of aspects of the series episodes:
We feel that the episodes are action oriented, and these action packed scenes are "essential to the development of character and plot." Each episode carries a redeeming message that promotes camaraderie and friendship. In keeping with this spirit, the stars of the "Power Rangers" were chosen to spearhead anti-drug public service campaigns because of the positive image their characters relayed to young viewers. The episodes simply carries [sic] the redeeming theme of good triumphing over evil."Power Rangers" does not feature death, blood or dismemberment in any of the episodes. We feel that the producers of the series are very responsible in this respect.
We should all appreciate that parents cannot use televisions as babysitters.
Background to the Violence Code
Since this is the first decision rendered under the new Code, the Council considered that a brief overview of the background to the creation of the Voluntary Code regarding Violence in Television Programming would be relevant.In May of 1990, a group of youngsters representing ten Quebec socio-cultural organizations presented the Federal Minister of Communications, Marcel Masse, with a petition containing 157,000 signatures urging the Canadian government to "enact rules to eliminate violent and war programming for children on television." This, in a sense, got the ball rolling. In 1991, the CAB began working on revisions to the 1987 Violence Code.
While there was not a sudden increase in programming complaints to the CBSC or the CRTC as a result of the 1990 petition, in the fall of 1992, a Quebec teenager, Virginie Larivière, brought a petition to the Prime Minister on which she had collected the signatures of 1.3 million Canadians. Following the robbery, sexual assault and murder of her 11-year old sister, Marie-Ève Larivière, Virginie came to be convinced that television violence may have been a component cause of the crime. Her petition called for citizensto boycott violent television programming and for the government to pass legislation requiring the networks to introduce a progressive diminution of violent programming over the next decade. This gesture had a major political impact, drawing, among others, the Prime Minister himself into the debate. Other Cabinet Ministers joined the chorus of voices calling for action.
On November 18, 1992, the House of Commons referred the petition to its Standing Committee on Communications and Culture, which held hearings in February 1993. A total of 27 recommendations emerged in the June 1993 Report of the Standing Committee, under the headings: public discussion, research on television violence, public action group on television violence, public education, individual action, industry action, non-legislative action by the federal government and legislative action by government.
Of these recommendations, numbers 10, 11 and 24 are particularly pertinent. They read:
- 10.
- The Committee recommends that the Canadian Radio-television and Telecommunications Commission continue to press broadcasters to be responsible in purchasing and scheduling violent programming and that those who do not demonstrate the requisite measure of responsibility be held accountable and subject to the Commission's sanctions.
Further, the Committee recommends that the Canadian Radio-television and Telecommunications Commission continue to press the industry for an effective self-regulatory code (or codes) governing violence on television and to intensify its efforts to achieve this goal as quickly as possible.
- 11.
- The Committee recommends that the Canadian Radio-television and Telecommunications Commission inquire into whether one universal code about television violence can be devised for all elements of the industry or whether separate but parallel codes would be more appropriate, and accordingly, direct both broadcasters and cable companies to develop either one common code or parallel codes in tandem.
- 24.
- Given the complexity of the regulatory and competitive issues associated with controlling cable distribution of violent U.S. programming, the Committee recommends that these issues be specifically addressed by the Canadian Radio-television and Telecommunications Commission with the objective of moderating violent content wherever possible.
On September 7, 1993, the Action Group on Violence on Television, made up of all persons licensed by the CRTC to carry on broadcasting undertakings, published its General Statement of Principles Concerning Violence in Television Programming, which concludes with the following commitment:
- 6.
- Each member of the Canadian broadcasting industry undertakes to adopt a code dealing with violence in television programming, based on this General Statement of Principles.
On October 28, 1993, the CAB announced its Code, together with the CRTC, which announced its approval of the thoughtfully developed document. On December 17, 1993, the Canadian Cable Television Association announced its action plan for dealing with television violence, including the establishment of a Task Force, whose "mandate is to develop a code of practice, implementation mechanisms and a timetable for adoption of the principles set out by the Action Group on Violence in Television of which the cable industry is a member." On January 1, 1994, the CAB Code came into full force and effect.
In March 1994, at the public hearing on new pay and specialty services, the CRTC made it clear that all new applicants would have to commit to honour the CAB Violence Code until developing their own codes. The same point was made to the existing pay and specialty services seeking renewal of licenses in April (and thereafter to the CBC in its most recent license renewal hearings). In May, the Chairman of the CRTC reminded the cable industry of the commitment regarding the Task Force Report which was due in June. As of this date, no code or regulatory system relating to the cable industry has been put in place.
Since, as stated above, this is the first violence complaint to be considered under the new Voluntary Code regarding Violence in Television Programming, the Council considered it appropriate to remind Canadians that the protection of children was one of the pillars of the Code's existence. Furthermore, those who drafted the Code were conscious of the need to create this protection in an environment in which preservation of the freedom of expression remains a paramount but not immutable principle. Public Notice CRTC 1993-149 provides (at p. 2):
The Commission is generally satisfied that the CAB's revised Code achieves the appropriate balance between preserving freedom of expression and protecting the viewing public, especially children, from the harmful effects of television violence.
The Public Notice returns to this theme again at pp. 3 and 4:
The Commission is pleased that the Code establishes clear guidelines for the depiction of violence in children's programming that take into account the particular vulnerability of young viewers. ...Studies indicate that [realistic scenes of violence] may alter the emotional reaction of some children to violence, and could result in such effects as desensitization and increased tendencies towards aggressive behaviour.
THE DECISION
The CBSC considered the complaint under Article 2 of the Voluntary Code regarding Violence in Television Programming of October 28, 1993, which came into force on January 1, 1994.The text of Article 2 reads as follows:
- 2.0
- CHILDREN'S PROGRAMMING
- (Children refers to persons under 12 years of age)
- 2.1
- As provided below, programming for children requires particular caution in the depiction of violence; very little violence, either physical, verbal or emotional shall be portrayed in children's programming.
- 2.2
- In children s programming portrayed by real-life characters, violence shall only be portrayed when it is essential to the development of character and plot.
- 2.3
- Animated programming for children, while accepted as a stylized form of storytelling which can contain non-realistic violence, shall not have violence as its central theme, and shall not invite dangerous imitation.
- 2.4
- Programming for children shall deal carefully with themes which could threaten their sense of security, when portraying, for example; domestic conflict, the death of parents or close relatives, or the death or injury of their pets, street crime or the use of drugs.
- 2.5
- Programming for children shall deal carefully with themes which could invite children to imitate acts which they see on screen, such as the use of plastic bags as toys, use of matches, the use of dangerous household products as playthings, or dangerous physical acts such as climbing apartment balconies or rooftops.
- 2.6
- Programming for children shall not contain realistic scenes of violence which create the impression that violence is the preferred way, or the only method to resolve conflict between individuals.
- 2.7
- Programming for children shall not contain realistic scenes of violence which minimize or gloss over the effects of violent acts. Any realistic depictions of violence shall portray, in human terms, the consequences of that violence to its victims and its perpetrators.
- 2.8
- Programming for children shall not contain frightening or otherwise excessive special effects not required by the storyline.
The Regional Council reviewed all the correspondence and screened videotapes of all five episodes of the series broadcast on CIII-TV (GLOBAL TELEVISION) during the week of April 25, corresponding to the first complaint. It also reviewed all the correspondence and screened videotapes of all five episodes of the series broadcast on CIII-TV (GLOBAL TELEVISION) during the week of May 2, corresponding to the second complaint. It did not consider that Articles 2.4 and 2.8 were applicable to these programs. It also decided that it was unnecessary to consider the relevance of Article 2.3 to the programs in this case, since the episodes were primarily live action, the animation component representing but a small part of the dramatic content. The decision of the Regional Council was unanimous.
Program Content and Structure
The Regional Council members present unanimously concluded that all episodes of the series which they viewed were essentially identical, structurally speaking. They involved a group of five (occasionally six) high school age students, three boys and two girls (the occasional sixth member being a boy), who are secretly the Power Rangers. During the first part of each program, they are introduced as Jason, Trini, Zack, Kimberly and Billy in their school context (the sixth, Tommy, is introduced in different ways in those episodes in which he appears). At some point in the program, they appear as the Power Rangers (in super-hero style garb). Using techniques of model, "table-top" or computer animation, lasting for only a brief portion of the program, they are transformed into robotic prehistoric creatures as required (triceratops, mastodon, sabre-toothed tiger, pterodactyl and tyrannosaurus) and thence collectively into Megasaurus.In every episode, a conflict is created with Rita Repulsa, the program's incarnation of evil. In two serial episodes, this involved the kidnapping of the students' parents; in another, the capture of Trini's Uncle Howard, the inventor of an invisibility potion; in yet another, the corruption of the students' anti-pollution and pro-recycling action program; and so on. In each case, there is introduced a henchmonster of Rita's, which will ultimately be defeated by the Power Rangers, the forces of good, leaving Rita to return another day as their malevolent dramatic counterpoint. (In current episodes, Rita has been replaced with a new arch-villain, Zed; however, the program structure does not appear to have changed. Furthermore, it is the Rita episodes with respect to which complaints have been laid and these, in any event, return with regularity as re-runs mixed in among what are apparently the currently produced episodes.)
When one removes the opening and closing credits and the commercials from the calculation of program length, the dramatic action covers approximately 17 or 18 minutes of each program. Of that time, there are, quite uniformly, three or four fighting sequences, which consume between 4.5 and 6.5 minutes, which is to say, between 25% and 35% of the running dramatic time. Structurally, the first fight generally occurs five or six minutes into the dramatic period of each episode. The second and third (occasionally fourth) fights customarily escalate in each episode, from karate or martial arts techniques between the adolescent protagonists (whether dressed as schoolchildren or Power Rangers and occasionally using weaponry) and the "putty patrol", through weapon and laser-gun type conflict between the mastodon and other robotic pre-historic morphins of the Power Rangers and the monster representative of Rita created for each episode, to the ultimate clash of the transformed Megasaurus of the Power Rangers, ending with the demise of the until then indestructible monster.
Article 2.1 of the Violence Code
- 2.1
- As provided below, programming for children requires particular caution in the depiction of violence; very little violence, either physical, verbal or emotional shall be portrayed in children's programming.
The Council concluded that each of the ten episodes broadcast by CIII-TV during the weeks of April 25 and May 2 breached the provisions of the general requirement of Article 2.1, requiring that "very little violence ... shall be portrayed in children's programming." While the Council understood clearly that each program attempted to convey a didactic or moral message to its viewers, whether relating to family values, the need for pollution control and recycling, or other matters, it was the view of the Council that these valuable messages were overwhelmed by the quantity of violence surrounding their transmittal. Far from containing very little violence, the series appeared to convey considerable violent physical activity.
Article 2.2 of the Violence Code
- 2.2
- In children's programming portrayed by real-life characters, violence shall only be portrayed when it is essential to the development of character and plot.
Since the programming in question is live-action programming, although containing animated sequences depicting the morphins of the young protagonists, violence may only be portrayed when it is essential to the development of the character and plot. While it is true that the plots purport to be defined as a function of the moral message to be conveyed in each program, this message, as indicated in the previous paragraph, is overwhelmed by the violent component, to such an extent that the Council viewed the violent element as the essential and dominant message of each episode. It was the Council's determination that defining a plot in terms of violence does not constitute satisfaction of the requirement that the violence is permissible when essential to the development of that plot.
Furthermore, satisfaction of the plot element is not alone sufficient. The article says "development of character and plot." The Council considered that the development of character took place entirely apart from the fighting components of the story. The only contribution made by the fighting sequences to the development of character was to the establishment of the individual Power Rangers as fighters, a further circular proposition. Hence, the Council concluded that each of the episodes it screened was in breach of Article 2.2 of the Code.
Article 2.6 of the Violence Code
- 2.6
- Programming for children shall not contain realistic scenes of violence which create the impression that violence is the preferred way, or the only method to resolve conflict between individuals.
The Council also concluded that none of the episodes so much as offered an alternative to the conflict resolution central to each plot other than the application of one fighting technique or another. Indeed, as described above, the fighting escalated in each of the sequences involved in each of the episodes and occupied a considerable portion of the dramatic sections of each of the programs (25-35%, as calculated above). There was an occasional episode in which Zack gave a karate class, accompanied by the positive message that martial arts were to be used only in self-defence and only if attempts to resolve conflicts without fighting had failed. While this fell within the category of valuable messages to which this decision has previously referred, the Council considered that this very message underscored an important aspect of the non-compliance of the program. Not once in any of the episodes was there depicted any attempt to resolve conflict by any technique other than fighting. In the result, the Council concluded that each of the episodes breached Article 2.6 of the Code.
Article 2.7 of the Violence Code
- 2.7
- Programming for children shall not contain realistic scenes of violence which minimize or gloss over the effects of violent acts. Any realistic depictions of violence shall portray, in human terms, the consequences of that violence to its victims and perpetrators.
The Council also noted that none of the martial arts fight sequences (or fight sequences using weapons) resulted in any physical damage caused to the show's heroes or to the "putties", who are distinctly humanoid in appearance. There was never an appearance of blood, broken bones, contusions or any form of physical consequence. Although the Power Rangers and the "putties" are continually knocked for loops, spinning through the air, they land on the ground or elsewhere and bob up again as though nothing had happened. In fact, the Power Rangers constantly gloss over all consequences other than the predictable result that they always win as the result of the exercise of their martial skills. And life is not like that.
This had been an aspect of the program praised by Global's representative, who stated:
"Power Rangers" does not feature death, blood or dismemberment in any of the episodes. We feel that the producers of the series are very responsible in this respect.
Those who view this absence of physical damage as a positive rather than a negative consideration lose sight of the importance to children of understanding the consequences of their acts. In real life, punching and kicking do have physical results in almost every instance. Furthermore, the logic of this concern is enshrined in Article 2.7 of the Code which forbids programming which minimizes or glosses over the effects of violent acts. The Council had no hesitation in finding each of the programs in breach of this provision of the Code.
Article 2.5 of the Violence Code
- 2.5
- Programming for children shall deal carefully with themes which could invite children to imitate acts which they see on screen, such as the use of plastic bags as toys, use of matches, the use of dangerous household products as playthings, or dangerous physical acts such as climbing apartment balconies or rooftops.
The absence of consequences led to the additional Council concern regarding the encouragement of imitation by children of what they see the Power Rangers doing. Suggesting that the martial arts kicking and punching techniques do not have serious, or even minor, physical consequences invites, if not encourages, the seemingly risk-free imitation of the physical acts of aggression by children who have not reached the age of discernment, namely, the very audience for this program.
While Article 2.5, which deals with imitation of acts which children see on screen does not mention the specific fighting practices carried on in Mighty Morphin Power Rangers, it was the view of the Regional Council that the themes and acts mentioned in Article 2.5 were not intended to constitute a limitative list but rather a set of examples of the type of themes or acts which could be dangerous. The use of the term "such as" in the article makes this perfectly clear. Council members noted that this question of imitation had been the matter of primary concern to the complainants in both cases. Hence, the Regional Council concluded that the program did not deal carefully with a fighting theme which "could invite children to imitate [those] acts" and found the program in breach of Article 2.5 of the Violence Code.
Other Examples
Members were also aware of similar complaints of imitation and the inducement of aggressive behaviour reported by parents, teachers, California and British Columbia researchers, and other educational authorities in the popular press, as well as those reported in the decision of the New Zealand Broadcasting Standards Authority concerning Mighty Morphin Power Rangers (September 19, 1994), which resulted in the program being taken off the air in that country. In that part of their decision dealing with this point, the New Zealand Broadcasting Authority noted:
The four complainants reported on the negative impact of the series on children in the pre-school and primary school age groups as a result of negative and aggressive play modelled on the activities of the Power Rangers, particularly the high kicks. The Bayfield Kindergarten [one of the complainants] reported that the response of children to this programme far exceeded that of all previous programmes of this genre. It argued that because of the rapidity of the action, children did not have time to understand all of the action and instead focused on the recurring themes of violent action which they then imitated. Ms Barr [another of the complainants] reported an incident where a teacher had been a victim of the high kicking as demonstrated by the Power Rangers.
In the New Zealand case, the Council noted, the members of the Authority had viewed three of the 60 episodes which had been aired in the relevant time frame. (Some members had seen additional episodes.) In the CIII-TV (GLOBAL TELEVISION) case, members of the Regional Council screened ten episodes provided by the broadcaster pursuant to the request of the CBSC Secretariat (although some members have also seen additional episodes, including current ones). As in the New Zealand case, members of the Ontario Regional Council consider that their observations entitle them to take the generalized position that the approach of the entire series is such that it would likely be in breach of those articles of the Violence Code in the same manner as the episodes which the Council members viewed in order to render this decision.
The Case of Canadian Cable Systems and Specialty Services
The Council could not fail to note that members of the Canadian public have access to the series Mighty Morphin Power Rangers on Canadian television screens via YTV, a Canadian specialty service, and via the American-based Fox Network, now delivered on cable to most, although possibly not all, urban areas in the country. (The series is, of course, also delivered on other stations of the Global Television System, all of which are members of the Canadian Broadcast Standards Council).The CBSC expects that all Global stations, including those others not directly dealt with in this decision as well, of course, as CIII-TV, will adhere to their requirements of membership in the CBSC and the industry's Voluntary Code regarding Violence in Television Programming. The Commission expects all licensees to be operating "in compliance with the provisions of the code" and will be monitoring that compliance, which may be a suspensive condition of license for all CBSC members issued new or renewed licenses after that date, upon application.
In rendering this decision, though, the Council is troubled. While it is entirely comfortable with the substance of its conclusions, it deplores the fact that there are no corresponding requirements for adherence to these principles on the part of YTV or the cable carriers of Fox Network programming. The Council's view of Mighty Morphin Power Rangers is a function of non-compliance with a set of principles established with the collaboration of the CRTC for the benefit of all Canadians. The issue is the message, not the medium by which it is being delivered.
Sufficient time has passed for the remainder of the broadcasting industry, which includes the cable sector, to have put appropriate systems of protection in place. This is, however, no longer an abstract question. The Council is faced with the reality of Power Rangers.
It is unreasonable to expect that Canadian children can be accorded protection against violent programming by a CBSC ruling against a series delivered on one channel which then remains available a push-button away on the same set. It is equally unreasonable to expect that conventional broadcasters adhering to their Code should be competitively disadvantaged vis-à-vis a specialty service delivered on extended basic cable service and a foreign-originating signal accessible to everyone with basic cable service.
The Broadcaster Replies to Complainants
In addition to the review of the provisions of the Violence Code, the Regional Council considered the adequacy of the broadcaster's response to the complainant. The Council's reconciliation mandate, as established in the CBSC Manual, has been considered and reaffirmed on several occasions by the British Columbia and Ontario Regional Councils (in the CFOX-AM, CHTZ-FM and CFTO-TV cases, among others). In the CFOX-AM case, the BC Regional Council stated:
The CBSC is equally conscious of the further responsibility which it has beyond the measurement of on-air programming against the standards established in the three voluntary CAB codes to encourage dialogue between the broadcasters and the members of their audiences.Thus, in the course of complaint resolution, the CBSC considers that it is firmly within its mandate to evaluate not only the complaint itself against the standards established by the various Codes which it administers but also the responsiveness of the broadcaster in dealing with the viewer or listener.
In this respect, the Ontario Regional Council felt that the replies of the broadcaster ought to have been more thoughtful. They were unnecessarily brief; they focussed on issues not related to the complaints registered by the parents in question and did not respond to their clearly expressed concerns. Information regarding Fox's and the producers' positive view of the programming might have been available. Providing a fuller response may have left the parents with the feeling that their anxieties had been more sensitively acknowledged.
Content of Broadcaster Announcement of Decision
The broadcaster is required to announce the decision, in the following terms, during prime time within thirty days of the publication of this decision:
The Canadian Broadcast Standards Council has found that GLOBAL TELEVISION has breached articles relating to Children's Programming in the industry's Violence Code. The Council found that episodes of Mighty Morphin Power Rangers aired during the weeks of April 25 and May 2, 1994 depicted excessive violence which was not essential to the development of character and plot and did not deal carefully with fighting themes which could invite children to imitate those dangerous physical acts. The Council also found that those episodes contained realistic scenes of violence which created the impression that violence was the only method of resolving conflict and glossed over the effects of those violent acts.The Council was aware of the fact that this series is available on YTV and the Fox Network and deplored the fact that no code or regulatory system has been established to deal with programming on those services.
This decision is a public document upon its release by the Canadian Broadcast Standards Council.