CRTC approves code that includes adult entertainment standards for pay services

Pay television, pay-per-view (PPV), and video-on-demand (VOD) service operators have a new industry code on programming standards that limits when they can broadcast adult entertainment, and requires them to review all such programming before airing it. The new code, approved last week by the CRTC, stems from controversy surrounding several Bell ExpressVu LP PPV porn channels about two years ago. The satellite TV distributor shut down two of its adult film channels, True Blue and Extasy, the day before the Canadian Broadcasting Corp.’s the fifth estate aired an investigative report in March 2001 alleging that the channels carried porn that had not been rated by Canada’s censors (CCR, March 29/01). The new code replaces a former 1984 version that was revised with the addition of clauses dealing with violence in 1994. "Effective immediately, all licensees that have been governed by the former Code, whether by condition of licence or by expectation, are governed by the new Code," states the CRTC in Broadcasting Public Notice 2003-10. Under the new code, only adult programs that have been approved and ranked by a provincial film classification board can be aired, and licensees must review all adult programming prior to broadcast. As well, viewers are to be informed of the nature of the adult programming being shown throughout the purchase, selection and viewing of its broadcast. Under the new code, adult entertainment broadcast on television will be given the same rating as that assigned by the provincial classification board. As well, no mature material intended for a general audience can be shown on pay services prior to 9 p.m. or after 6 a.m. in the home province of the service, and no adult programming can be aired prior to 11 p.m. or after 6 a.m. As well, title-specific trailers that appear on barker channels for upcoming adult films on PPV and VOD are not allowed to contain any adult programming and cannot be shown prior to 10 p.m. The code was produced by Bell ExpressVu, and other pay, PPV and VOD operators in collaboration with industry and government bodies at the urging of the CRTC. The government bodies involved in the process include the Ontario Film Review Board, Alberta Film Classification, the British Columbia Film Classification Office, Régie du cinéma du Québec, and the Prohibited Importations Unit at the Canada Customs and Revenue Agency. The code was filed with the CRTC in January 2002, but the commission only just finished its review and approved it on March 5.Bell ExpressVu has already applied for a licence amendment that proposes additional conditions on adult programming, including airing only shows that have been classified, and restricting the broadcast of trailers for adult shows to after 10 p.m. (Broadcasting Public Notice 2003-8). The new code is seen as an improvement over the previous one by the CRTC because it also includes licensed PPV and VOD services (the initial one was developed before these channels were operational and was restricted to pay services), adult programming is specifically addressed, concrete watershed hours are provided for such shows, more directive language is used, and more guidance has been given with respect to classification. The CRTC also notes that it expects any pay, PPV, or VOD service airing porn to develop internal policies on the matter. These internal policies must ensure that adult content is pre-screened and complies with the code, that ratings are assigned, and that senior staff responsible for adult programming content be clearly identified. The CRTC notes that to date Bell ExpressVu, Canal Indigo, Viewer’s Choice Canada, Shaw PPV, Rogers VOD, and Archambault VOD have developed and submitted internal policies for adult programming.

CRTC approves code that includes adult entertainment standards for pay services

Broadcast | March 13, 2003

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