Comparative Tables on the Protection of Minors in Audiovisual Media Services

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Comparative tables on the protection of minors in audiovisual media services

COMPARATIVE TABLES ON THE PROTECTION OF MINORS IN AUDIOVISUAL MEDIA SERVICES

IRIS bonus 2015-1

Comparative tables on the protection of minors in audiovisual media services

European Audiovisual Observatory, Strasbourg 2015

Director of publication - Susanne Nikoltchev, Executive Director

Editorial supervision - Maja Cappello, Head of Department for Legal Information

European Audiovisual Observatory

Author

Sophie Valais

European Audiovisual Observatory

Editorial assistant - Michelle Ganter

Marketing - Markus Booms, [email protected]

Press and Public Relations - Alison Hindhaugh, [email protected]

European Audiovisual Observatory

Publisher

European Audiovisual Observatory 76, allée de la Robertsau F-67000 STRASBOURG http://www.obs.coe.int Tel. : +33 (0)3 90 21 60 00 Fax : +33 (0)3 90 21 60 19 [email protected]

Cover layout - P O I N T I L L É S, Hoenheim, France

Please quote this publication as

Valais S., Comparative tables on the protection of minors in audiovisual media services, IRIS bonus 2015-1, European Audiovisual Observatory, Strasbourg, 2015

© European Audiovisual Observatory (Council of Europe), Strasbourg, 2015 Opinions expressed in this publication are personal and do not necessarily represent the views of the Observatory, its members or the Council of Europe.

COMPARATIVE TABLES ON THE PROTECTION OF MINORS IN AUDIOVISUAL MEDIA SERVICES

Foreword

Conceived as a tool for our workshop on “Empowering users: Rating Systems, Protection Tools and Media Literacy across Europe” organised in Strasbourg jointly with the European Platform of Regulatory Authorities (EPRA) in December 2014, these comparative tables aim at giving an overview of the existing obligations across the 28 EU member states with regard to the protection of minors in audiovisual media services and to watershed periods in broadcasting services.

To ease their reading, the two are kept separate, and follow two slightly different structures:

- the first table gives an overview of the legal basis of the existing obligations, including the self- and co-regulatory ones, and of the available protections tools in case of content that is unsuitable for minors both on linear and non linear services; - the second table digs into the various watershed periods applicable to linear services, and goes throught their legal basis while also describing the nature of the content they apply to.

While the responsibility for any inaccuracy is entirely ours, these tables wouldn’t have been so rich hadn’t it been for the excellent cooperation with the EPRA network. A special mention to Emmanuelle Machet for her precious help throughout the verification process.

Strasbourg, March 2015

Maja Cappello

IRIS Coordinator

Head of the Department for Legal Information

European Audiovisual Observatory

COMPARATIVE TABLES ON THE PROTECTION OF MINORS IN AUDIOVISUAL MEDIA SERVICES

Table of contents

The protection of minors in audiovisual media services …………………………………………………………………..3

Watershed periods in broadcasting services ………………………………………………………………………………….24

COMPARATIVE TABLES ON THE PROTECTION OF MINORS IN AUDIOVISUAL MEDIA SERVICES

The protection of minors in audiovisual media services: legal obligations across Europe

Sophie Valais

The protection of minors in audiovisual media services in a converged environment

Comparative table of legal obligations across Europe 1

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

AT Audiovisual Media Services Some elements of self and co- Graduated approach between “Seriously impair”: (pornography; “Seriously impair”: allowed with Act – (Art. 39: on-demand regulatory system for linear and for linear and non-linear services gratuitous violence): banned. access restriction. services and Art. 42: non-linear services. Includes a code of regarding “seriously impair” conduct regarding the protection of contents. television programmes). “Likely to impair”: allowed with “Likely to impair”: allowed without minors from harmful content by TV some form of protection. restriction. broadcasters. ORF guidelines on protection of minors On-screen icons required by law + technical filtering devices or software used by broadcasters.

BE Act on radio and television Some elements of self and co- Graduated approach between “Seriously impair” (pornography, “Seriously impair”: allowed with broadcasting of 18.03.2009 regulatory system for linear and for linear and non-linear services unnecessary violence): banned access restrictions (PIN codes) (Flemish non-linear services. Includes a code of regarding “seriously impair” Comm.) Art. 42 (linear TV services) / conduct regarding the protection of contents minors from harmful content by TV “Likely to impair”: allowed with “Likely to impair”: allowed without Art. 45 (non-linear services). broadcasters. some form of protection restriction

On-screen icons or acoustic warnings required by law.

BE Décret SMA, as modified – Some elements of self and co- Stricter legal approach: general “Seriously impair” (pornography, “Seriously impair” (pornography, (French Art. 9.2 a) and b) regulatory system for linear and for prohibition for “seriously impair” violence): banned violence): banned on VOD Comm.) non-linear services. content on VOD services Order of the Government of “Likely to impair”: allowed with “Likely to impair”: allowed with The law provides the basis for minor’s 21.02.2013 some form of protection some form of protection protection and the regulator has developed it through rules and codes Watersheds / or access code + on- Parental code (PIN code) + on- (Ethics Code of 2007 and CSA’s screen age-related icons on screen age-related icons on Recommendation on the protection of electronic programme guide and electronic programme guide and minors, both of which are not legally acoustic warning or screen icon catalogues (Art. 9.2b) SMA). binding). during diffusion if no access code

1 Table updated as of March 2015.

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

(Art. 9.2a) SMA). The Regulatory authority is in charge of the regulation of on-demand AVMS In practice, acoustic warning is not in relation to age-related classification currently used. of content and the development of technical measures to prevent minors from accessing harmful contents.

Further to the law, broadcasters participate in the system of protecting minors through the creation of internal viewing committees in charge of deciding on age rating of programmes.

BG Radio and Television Act Regulatory authorities have issued Integrated approach across all “Seriously impair”: banned. “Seriously impair” (restrictive rules and general guidance for the audiovisual media services definition): banned on VOD services. (Art. 19 on-demand protection of minors on audiovisual regarding protection of minors services) media services, whether linear or on- (including general prohibition for “Likely to impair”: allowed with “Likely to impair”: allowed with demand. “seriously impair” content on access restrictions. some form of protection. Bill amending the RTA of VOD). 14.5.2014 The Council for Electronic Media and On-screen icons or acoustic Technical access restrictions, such as State Agency for Child Protection drew warnings required by law + filtering, encryption, pre-locking/PIN up criteria for the assessment of technical filtering devices or codes or other age verification harmful contents. All kinds of online software used by broadcasters. systems). business communication fall within the scope of the National Self-Regulation Board’s Code of Ethics.

CY Law on Radio and Television Some elements of self and co- Graduated approach between “Seriously impair” (pornography, “Seriously impair”: allowed with Stations regulatory system for linear and for linear and non-linear services gratuitous violence): banned access restrictions. non-linear services: The age regarding “seriously impair” Art. 29(1)-(3): linear services classification of programs is contents. Age rating, content filtering and determined by the television parental access codes. / Art. 31A(1)(a)-(b): non- organisations / audiovisual media linear services service providers.

“Likely to impair”: allowed with “Likely to impair”: allowed without Cyprus Broadcasting Media literacy policies are some form of protection restriction. Corporation Law encouraged.

Appropriate time of broadcast, Acoustic warnings of news stories Art. 19(5) (a)-(c): linear technical measures, acoustic services / Art. 181 (1) – (2): unsuitable for minors are given more

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

non-linear services than once (that is required by law). warnings, on-screen icons – applicable only to unencoded Regulations of Radio and programs. Television Stations

Reg. 21(6)-(7)

CZ Radio and TV Broadcasting Some elements of self and co- Graduated approach between “Seriously impair” (pornography, “Seriously impair”: allowed with Act regulatory system for linear and for linear and non-linear services gross gratuitous violence): banned. access restrictions. non-linear services. Includes a code of regarding “seriously impair” On-demand Audiovisual conduct regarding the protection of contents. Qualified disclaimer with general minors from harmful content by TV warnings (Czech Council for Radio Service Act (Section 6(3) on- broadcasters. and Television Broadcasting’s demand services) statement of 19 October 2010) + technical access restrictions (such as filtering, encryption, pre-locking/PIN codes or other age verification systems.

“Likely to impair”: allowed with “Likely to impair”: allowed with some form of protection. some form of protection.

On-screen icons + acoustic warnings required by law.

DE Youth Protection Act (age Co-regulatory system applicable to Graduated approach between “Seriously impair” (absolute illegal “Seriously impair”: allowed on VOD rating for films (cinema, both linear and non-linear services: linear and non-linear services content / pornography, certain by means of a closed user group + feature films DVD, computer organisations of voluntary self- regarding “seriously impair” indexed content and contents age verification systems (KJM has games) regulation formally approved by the contents. which seriously impairs minors: ex. developed key criteria for a two- Commission for the Protection of violence, sexual, etc.): banned. step process based on identification Interstate Treaty on the Minors in Electronic Media (KJM) and authentication) – except illegal Protection of Minors under the JMStV or part of content which is banned. (JMStV): definition of classification agreements with the

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

harmful contents - Art. 4 federal states (German “Länder”) “Likely to impair”: allowed with “Likely to impair”: allowed with (Länder), Art. 5, Art. 11 under the Youth Protection Act, check some form of protection. some form of protection: (applicable to broadcasting that the provisions of the JMStV are and telemedia services) adhered to by their members. Watershed + on-screen icons or Watersheds, electronic labelling - acoustic warnings required by law + which has to be compatible with The KJM checks whether decisions technical filtering devices or formally approved filter software taken by self-regulatory organisations software used by broadcasters. (technical systems for the are in compliance with their legal protection of minors), namely the scope of assessment. If a self- age-de.xml specification -, or other regulatory body exceeds its scope, the technical measures. Electronic KJM may take legal action. The KJM labelling is not deemed a sufficient also draws up statutes and directives technical measure on platforms which the self-regulatory organisations where no technical systems for the must comply with. Organisations protection of minors has been seeking certification by the KJM as approved (currently for instance self-regulatory organisations must file iOS, Android, Consoles), here an application. In order to be certified, additional technical measures have the organisation must meet certain to be implemented, e.g. PINs, requirements in relation to the webcam checks, credit card checks, protection of minors (KJM sets out a passport number checks and catalogue of criteria for the regulation combinations thereof. in broadcasting and AVMS (‘telemedia’) in order to guide the “Telemedia” providers shall provide assessment of depictions of violence clear references to any existing and sexuality). KJM is also the labelling in the content provided if competent supervisory body for all the content is wholly or largely providers that do not submit to the identical with films or games which codex of a self-regulatory body. are labelled or have been cleared for the respective age group Organisations of voluntary self- pursuant to Article 12 of the regulation can also be established for German Youth Protection Act. on-demand AVMS. The multimedia Certified technical systems for the voluntary self-regulatory association protection of minors for FSM is one of the biggest self- “telemedia” content which could regulatory organisations. Its code of impair minors (Art. 11 JMStV). conduct for providers covers both linear and nonlinear audiovisual media services.

Contractually selected rating services under the Youth Protection Act, such as the Voluntary Self-Regulatory

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

Organisation of the Film Industry – FSK) for films and the Voluntary Self- Regulatory Organisation of the Entertainment Software Industry – USK) for video games take the rating decisions (with a Länder representative taking part and having a veto right); the Länder then take over the decision and issue the formal administrative act. Under the JMStV, however, both the USK online and the FSK online are formally approved bodies, too. The rating in this case is being decided without any state representative.

In addition, all TV broadcasters, providers of impairing telemedia services and search engines providers in Germany are obliged under the JMStV to have a competent youth protection officer who is responsible in advising the management in all protection related issues; he/she usually decides on all age classification within companies.

DK Radio and Television In the Danish Radio and Television Graduated approach between “Seriously impair” (pornography, “Seriously impair” (pornography, Broadcasting Act (Section Broadcasting Act, section 48 describes linear and non-linear services unnecessary violence): banned (Art. gratuitous violence): allowed with 48). in broad terms that the Minister of regarding “seriously impair” 6) some type of protection (labelling of Culture has the authority to make contents. the service that makes the viewers Order no. 100 of 28.01.2010 specified rules about the protection of aware of the harmful content, for as amended by Order no. minors. Danish authorities envisages example – Art. 11). 894 of 23.08.2012, Order establishing a coordinated no. 882 of 28.06.2013 and Such rules are provided in secondary classification and labelling “Likely to impair” (e.g. sexually “Likely to impair” (e.g. sexually Order no. 1109 of legislation, i.e. Order no. 100 of 28 scheme for films, DVDs, TV and explicit content): allowed with explicit content): allowed without 13.08.2013. (applying to January 2010 as amended by Order no. VOD services that would extend some form of protection restrictions both linear and non-linear 894 of 23 august 2012, Order no. 882 across all technologies and (by choice of programming or services). of 28 June 2013 and Order no. 1109 of would cover any content that installing technical device: acoustic 13 August 2013 (applying to both might be “seriously” or “mildly” warning or visual icons on screen linear and non-linear services). harmful to minors. required by law during the whole time the program is on air – Art. 6).

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

The main public service broadcaster, DR, has the same rule as all the other linear services in a clause written about the protection of minors in their public service contract and in Order no. 102 of 28 January 2010, Article 6 for linear services and Article 9 for non-linear services.

The commercial public service broadcaster, TV 2, has the same as all the other linear services written about the protection of minors in a clause in their public service license and in Order no. 881 of 28 June 2013, Article 4.

All regional television broadcasters have the same rule as all the other linear services about protection of minors in Order no. 1578 of the 27 December 2014, article 6.

All local non-commercial television broadcasters have the same rule as all the other linear services in Order no. 145 of 18 February 2014 as amended by Order no. 1136 of 13 October 2014, Article 13.

EE Media Services Act: §19(2)- Broadcasters had announced in 2011 Graduated approach between “Seriously impair” (pornography, “Seriously impair”: allowed with (6) (linear TV services / the launching of a self-regulation linear and non-linear services promotion of violence or cruelty): some form of protection §19(7) (on-demand services) system for the protection of minors. As regarding “seriously impair” banned. of March 2015, broadcasters were contents. doing active work, in order to examine “Likely to impair”: allowed with “Likely to impair”: allowed without current rules (whether they are some forms of protection protection sufficient and into what extent) and mechanisms to assess the need for Watersheds + Acoustic warnings Technical access restrictions additional measures.Some tangible required by law. available (such as filtering, progress were expected for the second encryption, pre-locking/PIN codes or

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

half of 2015. other age verification systems.

ES Spanish General Law 7/2010 Almost all of free to air DTT national Graduated approach between “Seriously impair” (pornography, “Seriously impair” (pornography, of Audiovisual providers in Spain signed a Self- linear and non-linear services gratuitous violence, gender gratuitous violence, gender violence Communication (Art. 7.2) regulation Code for the audiovisual regarding “seriously impair”’ violence and mistreatment): and mistreatment): allowed with content and minors. contents. banned in linear services. access restrictions (dedicated areas in catalogues) and using age rating Non-compliance with self-regulatory and digital coding that allows the codes constitutes a breach of exercise of parental control systems. administrative law and operators can be penalized accordingly. “Likely to impair”: allowed in linear “Likely to impair”: allowed in non- services with some forms of linear service with some protection Integrated approach in Cataluña: protection: age rating + on-screen (age rating and using digital coding among detailed age classification rules icons + acoustic warnings for for the age rating that allows the and watersheds applicable to linear content rated as 18 + watersheds + exercise of parental control services, all television audiovisual technical filtering devices or systems). media service providers, including on- software used by broadcasters demand providers shall use a digital (using digital coding for the age coding for their contents rating which rating that allows the exercise of allows the exercise of parental control. parental control systems). FI Amendment to Act No. Some elements of self and co- Graduated approach between Seriously impair” : allowed with “Seriously impair”: allowed with 744/1998 on Radio and regulatory system for linear and for linear and non-linear services spome form of protection. spome form of protection. Television Broadcasting (Laki non-linear services. regarding “seriously impair” television-ja contents. “Likely to impair”: allowed with “Likely to impair”: allowed with radiotoiminnasta) The Finnish Centre for Media some form of protection. some form of protection Education and Audiovisual Media (Measures or initiatives pending Acts nos. 306/2010 and (MEKU) is responsible for the to introduce greater Age-rating, on-screen icons + 712/2011 and Act No. supervision of audiovisual programme consistency). acoustic warnings required by law. 710/2011 on audiovisual provision (classification of films, programmes protection of minors) and the (Kuvaohjelmalaki) / coordination and promotion of classification and labelling of national media education. various types of audiovisual content.

For on-demand services: Act. No. 458/2002 on the provision of information society services ,

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

complemented by Act no. 460/2003 on the exercise of freedom of expression in mass media

FR Law n° 86-1067 of Some elements of self and co- General prohibition for “Seriously impair”(criminally “Seriously impair”: banned on VOD 30/09/1986 related to the regulatory system for linear and for “seriously impair” content on TV unlawful material; (attempt to freedom to communicate non-linear services. Restrictions on and on VOD. There is a light human dignity: violence, sexual Art. 1 and 15 content that is “likely to impair” are touch approach on VOD with perversion, degrading to the human Recommendation of laid down through recommendations minimum watershed and person; child pornography; hard- 7/06/2005 to TV services and deliberations of the CSA. Age adapted rules as regards core violence): banned publishers regarding youth categories and definitions are common technical protection tools. “Likely to impair”: allowed with “Likely to impair”: allowed with rating and classification of to linear and non-linear audiovisual some form of protection some form of protection programmes, as modified by services. the CSA deliberations n° “-18” (pornographic and extremely All programmes must be rated and 2012-57 of 23/10/2012 and violent): only on specific TV pay the warning symbols shall be n° 2014-17 of 5/03/2014 services with age rating obligations displayed on catalogues, Deliberation of the CSA of + watersheds +broadcast time programmes and trailers. Pin codes 15.12.2004 on the restrictions + restricted access are mandatory for -18 programmes, broadcasting on television system including access code which cannot be offered for free. of programmes unsuitable There are two separate areas: a to under 18s “-16” and “-12” (erotic material, “trust zone” which contains only violent content) / physical or programmes which are suitable for Deliberation of the CSA of psychological violence / theme that all audiences and “an adult zone” 20.12.2011 on the may trouble children under 12): which contains all programmes protection of young Available in cinema and PPV which are not suitable to under 18s. audiences, deontology, and services and other services with age There is only one watershed, on -16 the accessibility of rating obligations + watersheds + programmes offered for free (22:30 programme on on-demand broadcast time restrictions to 5:00) audiovisual media services “-10” (contents which are likely to shock children under 10): no

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

restriction.

GB Broadcasting Act 1996 Fully-fledged self and co-regulatory Graduated approach between “Seriously impair”: illegal content, “Seriously impair”: material likely to system implemented specifically for linear and non-linear services extremely violent pornography, incite hatred based on race, sex, Communications Act 2003 on-demand audiovisual media regarding “seriously impair” R18+: banned. religion or nationality: banned on (sections 3(4)(h) and services. contents. VOD. 319(2)(a) and (f) Linear TV services: Ofcom required by Material which might seriously Audiovisual Media Services law to draw up a code for TV and radio impair the physical, mental or moral Regulations 2009 (Art. 368E (Ofcom Broadcasting Code): section 2 development of persons under the - harmful material and (harmful contents) + section 1 age of 18: allowed with access ODAVMS) (protecting under-18) restrictions. Audiovisual Media Services Regulations 2010 On-demand audiovisual media ATVOD guidance considers that services: Co-regulation between there should be in place an effective Audiovisual Media Services Ofcom and ATVOD (regulatory Content Access Control System Regulations 2014 authority for notifications and for on- (“CAC System”), which verifies that demand editorial content (including the user is aged 18 or over at the Art. 368E). Ofcom retains legislative point of registration or access by the backstop competences, including the mandatory use of technical tools competence to impose statutory (ex. + PIN code). sanctions on providers who contravene the relevant requirements. Since new legislation of 1 December

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

ATVOD’s Rules and Guidance of 2014, content stronger than R18 26.2014 sets out the statutory rules (i.e. “seriously impair”) is now also and non-binding guidance for banned on non-linear services. providers of on-demand programme services (Rule 11). “Likely to impair” : allowed with “Likely to impair”: allowed with some form of protection (except some form of protection. Other codes: Ofcom broadcasting hard-core porn R18, which is code, BBC Editorial Guidelines, BBFC banned on TV, based on a decision ratings for films, PEGI scheme for taken by Ofcom in its 2005 Code electronic games, BBFC for mobile Review, in part on the basis that visual content (self-regulatory the protection tools in place were scheme), CAP and BCAP (advertising) insufficiently developed to ensure codes. children would definitely not access R18 content on TV). Co-regulatory system of Ofcom with the Advertising Standards Authority in Watershed, on-screen icons or relation to TV advertising, including acoustic warnings required by law + rules for the protection of minors. For technical filtering devices or on-demand audiovisual media software used by broadcasters. services, co-regulation system by the Advertising Standards Authority and the Association for Television On- Demand, which providers of on- demand audiovisual media services are required to notify.

Classification framework set out by the British Board of Film Classification (BBFC) as a basis for some protection tools which are mandated for film content on linear broadcasting, and also for mandatory access controls on regulated on-demand services.

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

GR Presidential Decree TV and radio broadcasters are obliged Graduated approach between “Seriously impair”: banned. “Seriously impair”: allowed with 109/2012 by the Broadcasting law to draw up linear and non-linear services access restrictions. multilateral self-regulating regarding “seriously impair” Art. 13 (on-demand AVMS) agreements. contents. Watershed + labelling restrictions (age classification) + technical Art. 26 (linear TV services) access restrictions (such as filtering, encryption, pre-locking/PIN codes or other age verification systems.

“Likely to impair”: allowed with “Likely to impair”: allowed without some form of protection. protection.

Classification of contents + on- screen icons + acoustic warnings required by law.

HU Act CLXXXV of 2010 on Some elements of self and co- Stricter legal approach: general “Seriously impair”: (category VI): Seriously impair”: allowed with Media Services and Mass regulatory system for linear and for prohibition for “seriously impair” banned. some form of restrictions. Media (Art. 9: Linear TV non-linear services. The media content on VOD services services) / (Art. 11: on- regulator issue recommendations (different authorities competent demand AVMS) regarding effective technical solutions. for film distribution and On-demand audiovisual media services broadcasting, but which “Likely to impair”: allowed with “Likely to impair”: allowed with Act CIV 2010 on the providers are obliged to notify the generally come to the same some form of protection. some form of restrictions. fundamental rules of the regulatory authority, the National rating and classification). freedom of the press and Media and Infocommunications Rating +on-screen icons + acoustic Technical access restrictions (such media contents (Press and Authority. warnings required by law. as filtering, encryption, pre- Media Act): Art. 19(2) locking/PIN codes or other age protection of minors from verification systems. harmful contents in on- demand AVMS

Rules on Protection of minors, Art. 2, par 1. OG 60/10:

Recommendation of 19.07.2011 of the Media Council of the National Media and Communications Authority

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

HR Electronic Media Act (EMA) Regulatory authorities have issued Graduated approach between “Seriously impair”: (pornography; “Seriously impair”: allowed with rules and general guidance for the linear and non-linear services gratuitous violence): banned. access restrictions Art. Art. 20 (on-demand protection of minors on audiovisual regarding “seriously impair” services) / Art. 26 (linear TV media services, whether linear or on- contents. services) demand. “Likely to impair”: allowed with “Likely to impair”: allowed with some form of protection. some form of protection. Rulebook of the Council for The Agency for Electronic Media has Electronik Media on TV issued rules on the protection of Watershed + technical tools of Visual symbols + labelling broadcasters for the minors. Article 14. OG 60/10 deals access restrictions required by law. restrictions (age classification) + PIN purpose of the protection of with on-demand media service code. minors, of April 2008 providers.

IE Audiovisual Media Service Fully-fledged self and co-regulatory Graduated approach between “Seriously impair” (pornography, “Seriously impair”: allowed with Regulation 2010 system implemented specifically for linear and non-linear services gratuitous violence): banned. access restrictions. on-demand audiovisual media regarding “seriously impair” Art. 18(2) (linear TV services. The Broadcasting Authority of contents (classification for “Likely to impair”: allowed with “Likely to impair”: allowed with services) / Art. 6(2) (On- Ireland does not regulate on-demand cinema, but not for DVDs). some form of protection. some form of protection. demand services) audiovisual media services beyond approving draft Codes of Requirement to schedule implementation of the AVMS Directive appropriately or encode and where for these services. A voluntary Code of unencoded to either provide an conduct was drafted in May 2011 by acoustic prior warning or apply the self-regulatory authority ODAS and visual classification throughout the approved by the BAI. duration of the programme.

The BAI deals with appeals for non- compliance with the voluntary programming codes and implements the AVMS Directive requirements for linear services. The Code is fairly general in its wording and does not include detailed provisions concerning the protection of minors on VOD.

IT Italian AVMS Code as When it comes to the elaboration of Graduated approach between “Seriously impair” (gratuitous or “Seriously impair”: allowed with revised in July 2014 (Art. 1, technical measures, Article 34 of the linear and non-linear services insistent or brutal violence or access restriction: parental control modifying Art. 34 on Italian AVMS Code provides for a co- regarding “seriously impair” pornography, including systems + PIN code, except for VOD protection of minors) regulatory approach. According to this contents, except for public cinematographic works classified as by PSB (banned). principle, the Italian Communications service broadcasters, subject to unsuitable for minors under 18): Self-regulation Code on TV Authority (AGCOM) has established a stricter rules than commercial banned.

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

and minors of 29.11.2002, Committee composed of all broadcasters. “Likely to impair”: Allowed with “Likely to impair”: allowed without as amended stakeholders involved in the provision some form of protection protection. of on-demand services aiming at developing technical measures to Rating, watersheds, on-screen icons prevent minors from viewing on + acoustic warnings required by law demand content that “might seriously and also by codes of conduct + impair” their development. technical filtering devices or software used by broadcasters. Following the conclusions of the Technical Committee, AGCOM has adopted two deliberations in May 2013: Deliberation of AGCOM (No. 51/13) (technical tools to protect minors, PIN codes); Deliberation of AGCOM (No. 52/13) (criteria for the classification of programmes) Industry self-regulation exists also in Italy.

In 2002, all Italian broadcasting companies signed the TV and Minors Self-Regulations Code, which is referred to in primary legislation since 2004 as binding also for non-signing broadcasters. According to the Code, broadcasters are required not to broadcast at certain hours any content which might impair physical, mental or moral development of minors.

LT Law on the protection of Some elements of self and co- Stricter legal approach: general “Seriously impair”: (physical or “Seriously impair”: banned on VOD minors against the regulatory system for linear and for prohibition for “seriously impair” psychological violence or (restrictive definition). detrimental effect of public non-linear services. content on VOD. vandalism: restrictive definition) information (10.9.2002 – No banned. IX-1067), as last amended on 14 July 2009 – No. XI- “Likely to impair”: allowed with “Likely to impair”: allowed with 333): Art. 4 + Art.6 some form of protection. some form of protection.

Law on Provision of Watersheds + on-screen icons + Technical access restrictions (such Information to the Public, as acoustic warnings required by law. as filtering, encryption, pre- locking/PIN codes or other age verification systems.

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

amended

Art. 40.3 (protection of minors in public audiovisual information services/ on- demand AVMS) + Art.17

LU Law of 27 July 1991 on As a result of Art. 12 of the AVMS On top of the local classification, “Seriously impair” (pornography, “Seriously impair”: allowed with Electronic Media, as Directive, the government of broadcasters of linear gratuitous violence): banned. access restrictions. amended (17.12.2010): Art. Luxembourg adopted a regulation on audiovisual media services 27ter (linear TV services) / the protection of minors in audiovisual established in Luxembourg, but Art. 28quater (on-demand media services based on the Law of principally targeting the “Likely to impair”: allowed with “Likely to impair”: allowed with services) Electronic Media. audience of another EU member some form of protection some form of protection (age state can opt for the (watersheds + on-screen icons + classification labels). The new regulation introduces a classification system of that text display warnings required by system of self-classification which asks particular member state law). Regulation on Protection of broadcasters established in provided this regime has a level Minors in Audiovisual Luxembourg to classify their content of protection that the regulatory Services of 08.01.2015 along 5 categories of age groups: all authority ALIA regards as audiences, not suitable for minors equivalent. In addition, providers under 10, 12, 16 and 18. The new of on-demand services can pick, system applies both to providers of as a third system, the linear and on-demand audiovisual classification granted in the media services. country of origin of the program. ALIA must be notified to change regime; local classification is considered be the default system.

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

LV Law on Electronic Media Some elements of self and co- Same approach between linear “Seriously impair”: allowed with “Seriously impair”: allowed with implementing the AVMSD regulatory system for linear and for and non-linear services with access restrictions. access restrictions. 28.7.2010 non-linear services. respect to “seriously impair” content, allowed with access Watershed, restricted access Watershed, restricted access control restrictions. Graduated approach control tools, audible warning tools, audible warning signal + visual Art. 24(10) (on-demand between linear and non-linear signal + visual symbol required by symbol required by law+Technical AVMS) services regarding “likely to law + Technical access restrictions access restrictions (such as filtering, impair” contents, allowed (such as filtering, encryption, pre- encryption, pre-locking/PIN codes or without restrictions in non-linear locking/PIN codes or other age other age verification systems services. verification systems (providers are (providers are required to cover required to cover harmful pictures harmful pictures and to replace and to replace rude words with a rude words with a noise). noise).

“Likely to impair”: allowed with “Likely to impair”: allowed without some form of protection. protection.

On-screen icons + acoustic warnings required by law + technical filtering devices or software used by broadcasters.

MT Broadcasting Act, 1991 (Act Though the regulatory authority Graduated approach between “Seriously impair”: banned. “Seriously impair”: allowed with No. XII of 1991), remains in charge of the regulation of linear and non-linear services access restrictions (PIN code), consolidated version 2011 on-demand audiovisual media regarding “seriously impair” except for VOD by public service Art. 16N(1) (on-demand services, some self-regulation and co- contents, except for public broadcaster. AVMS) regulation practices are taking place in service broadcaster. “Likely to impair”: allowed with “Likely to impair”: allowed with relation to classification and labelling some form of protection. some form of protection, except for Draft Code for the of content and the development of VOD by public service broadcaster Protection, Welfare and technical measures to prevent minors On-screen icons + acoustic (banned). Development of Minors on from accessing harmful contents. warnings required by law -, except the Broadcasting Media for VOD by public service broadcaster (banned).

NL Dutch Media Act 2008 In the Netherlands there is a shared Public service media is subject to “Seriously impair”: banned “Seriously impair”: allowed with (Mediawet) responsibility between The Dutch stricter regulation than private access restrictions, except for non- Media Authority (Commissariaat voor media. linear content of public service Art. 4.1 - 4.6 de Media, CvdM) and NICAM (the media (banned). Netherlands Institute for the Rules that apply to linear and Classification of Audiovisual Media). non-linear content of public

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

The integrated approach of NICAM’s service media, and linear content “Likely to impair”: allowed with “Likely to impair”: allowed for Kijkwijzer system through all regulated of private media: access restrictions: if a media private media. Allowed for public audiovisual sector regarding age - Seriously harmful programs are service provider is affiliated with service media with access classification system and labelling absolute forbidden (directly NICAM, respects the watersheds restrictions: if public service media (with certain specificities for each supervised by CvdM) and shows the applicable symbols is affiliated with NICAM, respects sector) has been a showcase for the - Harmful programs are only (age and content descriptors based the watersheds and shows the co-regulation of content across the allowed if broadcaster joins on Kijkwijzer system). applicable symbols (age and content media. Kijkwijzers’ co-regulatory NICAM. descriptors based on Kijkwijzer design consists of a three-party system). construction. The actual classification Rules that apply to non-linear and rating is conducted by the industry content of private media: itself. System responsibility is installed - Seriously harmful videos are with NICAM. On a meta level, both the only made available in such a functioning and the output of NICAM, way as to ensure that minors will is supervised by CvdM. not normally hear or see them - No rules regarding harmful According to the Media Act 2008, videos. public service media, and private media that intent to broadcast linear audio-visual content, are obliged to be affiliated with and obey to the regulations of NICAM. Should they not comply with this, they may only broadcast programmes suitable for all ages and will be subject to direct supervision of the CvdM.

Also media service providers that are not legally obliged to join Kijkwijzer increasingly sign up as a member of NICAM and voluntary comply with the Kijkwijzer-rules.

Rules on seriously harmful media content are directly supervised by the CvdM. CvdM has created a special Advisory Committee to advise the regulator on issues regarding serious harmful content.

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

PL Broadcasting Act of Dec. Some elements of self and co- Graduated approach between “Seriously impair”: banned “Seriously impair”: allowed under 29,1992, as amended in regulatory system for linear and for linear and non-linear services specific conditions - effective 2011 non-linear services. However, an initial regarding “seriously impair” technical security measures -. self-regulatory system was replaced by contents. legal regulation because broadcasters “Likely to impair”: allowed with “Likely to impair”: allowed with on- did not comply with their self- some form of protection screen icons required by law. commitments.

Watershed + on-screen icons Further to the new Act, which entered required by law in force on 28 February 2013, one of the National Broadcasting Councils (NBC) tasks is to initiate, support and promote self-regulation in media services. Media service providers may create and join codes of good practice whose creation the NBC supports and promotes. In the current legal system the NBC isn’t able to cede its rights to other bodies.

There is an area in protection of minors field which gives the possibility of self-regulation: 1) in determining effective technical security measures in non-linear media services 2) in placing advertisements of the so- called unhealthy foods in children’s programmes - in linear media services.

On 13 October 2014, the NBC, fulfilling its statutory obligation to initiate and support self-regulation, took an active part in consultations regarding the creation of a “Code of Good Practice on the Protection of Minors in VOD services" and readily accepted it. The document was signed by six Polish on- demand service providers, who committed themselves to take effective technical measures to prevent minors from accessing

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

harmful content.

As regards to advertisements of the so – called “unhealthy food”, at the end of October 2014 broadcasters signed an agreement which provide that, since 1 January 2015, programmes for children aged up to 12 will not be accompanied by advertisements for food and beverages that do not meet “Nutritional Criteria to the self - regulation on food advertising aimed at children under 12 years”. The document was prepared on the request of the Polish Federation of Food Industry and approved by the Ministry of Health; it is attached to the Broadcasters’ Agreement.

PT Law of 11 April 2011 Some elements of self and co- Graduated approach between “Seriously impair”: allowed with “Seriously impair”: allowed with amending the Television Act regulatory system for linear and for linear and non-linear services access restrictions (conditional access restrictions (based on of 2007 non-linear services. regarding “seriously impair” access). voluntary system, on-demand AVMS contents. work with a PIN code access, which The Regulatory Body for Media is sent to the client. The PIN code Art. 27(3)-(5) (linear TV Communications encourages television restricts access to content according services) / Art. 27(10) (on operators to develop a common to a graduated classification (high- demand AVMS) classification system for television average-low restrictions / programmes + codes of conduct of TV unrestricted). By default, all TV broadcasters to respect the boxes are delivered to clients with classification by the entertainment low level of active constraints, i.e. classification commission when with access to all contents except broadcasting cinematographic works adult content. and video recording. “Likely to impair”: allowed with “Likely to impair”: allowed with Accordingly, the three mainstream some form of protection. some form of protection. broadcasters have agreed on specific agreement, which lay down a Watersheds + on-screen icons classification system for TV required by law and also by codes programmes in relation to protection of conduct. of minors.

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

RO Radio and Television Some elements of self and co- Graduated approach between “Seriously impair”: banned. “Seriously impair”: allowed with Broadcasting Act, regulatory system for linear and for linear and non-linear services access restrictions, except for VOD consolidated version 2009 non-linear services. Includes a code of regarding “seriously impair” by public service broadcaster conduct regarding the protection of contents, except for public (banned). minors from harmful content. service broadcaster (subject to Art. 39 (linear TV services) / stricter rules than commercial Art 39.1 (on demand AVMS) broadcasters). “Likely to impair”: allowed with “Likely to impair: allowed with some some form of protection. form of protection, except for VOD Decision No. 220, of by public service broadcaster 24.02.2011 regarding the On-screen icons + acoustic (banned). Regulatory Code of warnings required by law + Audiovisual Content technical filtering devices or Labelling restrictions (age software used by broadcasters + classification) + technical access Pre-locking systems for the restrictions (such as filtering, transmission of over-18 content. encryption, pre-locking/PIN codes or other age verification systems.

SE Swedish Radio and Some elements of self and co- Same approach between linear “Seriously impair” (portrayals of “Seriously impair”: (depiction of Television Act of 17.6.2010 regulatory system for linear and for and non-linear services regarding violence of a realistic nature or violence of a true-to-life nature or non-linear services. Includes a code of “seriously impair” contents pornographic images): allowed with pornographic images): must be Chapter 5 - 1 (linear TV conduct regarding the protection of (allowed in both services), with access restrictions (either preceded provided in such a way that it does services) and 2 (on-demand minors. some differences in the level of by a verbal warning or warning text not create a considerable risk for AVMS) protection required. continuously displayed on the children viewing the programmes. The Swedish Media Council screen throughout the broadcast). Broadcasting License encourages broadcasters to create Graduated approach with self-regulating instruments. respect to “likely to impair” According to the Radio and content (allowed with some Television Act, “such programmes form of protection in linear may not be broadcast at times and services and without protection in a manner that would create a in non-linear services). considerable risk for children viewing the programmes unless the broadcast is nevertheless defensible on special grounds”. The watershed is 21.00.

“Likely to impair”: allowed with “Likely to impair”: allowed without some form of protection. Acoustic protection. warnings required by law for programmes containing portrays of Restrictions concerning material violence of realistic nature or which is “likely to impair” are pornographic. On-screen icons are included in broadcasting licences. encouraged but not required by However, VOD service providers are

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

law. only required to register with the Swedish Broadcasting Authority). According to the broadcasting licenses, the broadcasting organisations shall take into account the impact of radio and television in terms of format, topics and time of transmission. This provision is applied in the evaluation of programmes that contain or deal with subject matter such as violence, sex and drugs and implies that broadcasting organisations should exercise caution. In the matter of protection of minors, programmes that contain violence and sex which are likely to impair children shall only be broadcast after 21.00. SI Law concerning protection Some elements of self and co- Graduated approach between “Seriously impair” (pornography, “Seriously impair” (hard of minors in audiovisual regulatory system for linear and for linear and non-linear services gratuitous violence): banned. pornography): allowed with access media adopted in November non-linear services, in relation to the regarding “seriously impair” restrictions. 2011 classification and labelling of content contents. Audiovisual Media Services and the development of technical PIN code or other adequate measures to prevent minors from technical restriction). Act on Audiovisual Media accessing harmful contents. Services, Art. 14(1) – (3) “Likely to impair”: allowed with “Likely to impair” (explicit sexual (linear TV services) / Art. 15 Regulatory authorities have issued some form protection. content): allowed with some forms (on-demand AVMS) rules and general guidance for the of protection. protection of minors on audiovisual Watersheds or technical protection Statutory act media services, whether linear or on- of access restriction required by PIN code + classification of any complementing it (English demand. (see AKOS Recommendation law required by law. sexual content labelled 18 in special version) adopted in October of November 2011 for the safe use of section of the catalogue. 2013. AVMS + APEK guidance on protection of minors from harmful content in linear and non-linear services). It provides criteria for the identification of “seriously impair” content, proposes levels and modes of the recommended protection, elaborates guidelines for classification and scheduling and provides proposals for

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

labelling.

Self-regulatory system for VOD services was established in Slovenia by Internet, cable and mobile service. AKOS followed and supported the preparation of the self-regulatory agreement and of the code of conduct. AKOS, however, does not have any backstop powers nor plays any other role in this self-regulatory system. In 2013, the eight most important VOD providers renewed the agreement and the code of 2011.

SK Broadcasting and Integrated approach through all Graduated approach between “Seriously impair”: banned in linear “Seriously impair”: allowed with retransmission Act regulated audiovisual sector regarding linear and non-linear services services access restrictions. 308/2000, consolidated age classification system and labelling regarding “seriously impair” version (with certain specificities for each contents Labelling restrictions (age sector). classification) Section 20(2) (on-demand AVMS) “Likely to impair”: allowed with “Likely to impair”: allowed without some form protection protection Decree No. 589/2007, Coll., On-screen icons required by law. as amended on 14 March

2014

NO Law on the protection of Integrated approach through all The new law on the protection “Seriously impair”: banned. “Seriously impair”: banned. minors against harmful regulated audiovisual sector regarding of minors, which might come content in audiovisual age classification system and labelling into force on the 1 July 2015, (with certain specificities for each introduces a platform- programmes of 15.12.2014 sector). independent approach. Its scope “Likely to impair”: allowed with “Likely to impair”: allowed with includes linear television, on- some form of protection: rating + some form of protection: rating + Norwegian Broadcasting Act demand audiovisual services, PIN codes, watershed, payment by PIN codes, watershed, payment by of 10.12.2012 screening at public gatherings in credit card (although no binding credit card (although no binding Norway (including at a cinema) access restriction by law). access restriction by law).

Country LEGAL BASIS CO/SELF REGULATION APPROACHES LINEAR / NON- PROTECTION TOOLS IN LINEAR PROTECTION TOOLS IN NON- LINEAR AVMS SERVICES LINEAR SERVICES

Section 2-7 (protection of and making videograms available The same protection tools will apply to all platforms and all audiovisual minors) to the public (including programmes have to be classified according to age limit. The Act also distribution of DVD/Blu-ray). introduces a duty to ensure the age limits are met and to inform the public Film and Video Act of about the age limit. This includes a duty to label all audiovisual programmes 5.5.2006 with a set age limit. The Norwegian Media Authority (Medietilsynet) will still be responsible for setting the age limits for cinematographic works. For all audiovisual programmes, the age limits shall be set by the distributor of the programme, on the basis of guidelines drawn up by the Norwegian Media Authority.

Main Sources:

- IRIS Merlin, European Audiovisual Observatory - European Platform of Regulatory Authorities - Machet E., Comparative Background Document (EPRA/2013/02b) for Plenary session 1 on The Protection of Minors in a Connected Environment, 37th EPRA meeting in Kraków (May 2013). Final amended version of 21 June 2013. Available at: http://epra3- production.s3.amazonaws.com/attachments/files/2195/original/protectionofminors_final_publicversion.pdf?1372087443

Watershed periods in broadcasting services

Sophie Valais

Watershed period in broadcasting services

Comparative table across Europe 2

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

AT Audiovisual Media Services Act – (Art. 39: Television channels must not contain “Seriously Public service on-demand services and Art. 42: television programmes that may seriously impair”: broadcaster’s programmes). impair the physical, mental or moral (pornography; channels: development of minors, in particular gratuitous - Before 20:15: ORF guidelines on protection of minors programmes that involve violence): “Likely to impair” pornography or gratuitous violence. banned in linear programmes not In the case of television services / allowed programmes, which are likely to allowed with (programmes must impair minors, it must be ensured, access be “family- through the choice of the time of restriction in friendly”) transmission or by other measures, non-linear - From 22:00, when that minors will not normally services. fictional perceive such programmes. programmes "not “Likely to suitable for impair”: allowed children" or "only with watershed for adults" are or other aired, an X or O, measures in respectively, is linear services added to the digital (on-screen icons on-screen graphic. required by law A “K” for positive + technical content for children filtering devices (“Okodoki”) is also

2 Table updated as of March 2015.

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

or software added to used by programmes broadcasters) / particularly suitable without for children. restrictions in non-linear services.

BE Act on radio and television broadcasting of Television channels must not contain “Seriously General watershed 18.03.2009 programmes that may seriously impair” from 20:00/22:30 (Flemish Comm.) impair the physical, mental or moral (pornography, (different Art. 42 (linear TV services) / Art. 45 (non- development of minors, in particular unnecessary classification and linear services). programmes that involve violence): subsequent pornography or gratuitous violence. banned in linear schedullling of In the case of television services / programmes apply programmes, which are likely to allowed with depending on Flemish impair minors, it must be ensured, access television channels). through the choice of the time of restrictions (PIN transmission or by other measures, codes) in non- that minors will not normally linear services perceive such programmes. “Likely to impair”: allowed with some form of protection in linear services (watersheds / or access code + on-screen icons on electronic programme guide or acoustic warning + screen icon if no access code (Art. 9.2a) SMA) / allowed in non-linear services with parental code

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

(PIN code) + on- screen icons on electronic programme guide (Art. 9.2b) SMA) + labelling restrictions (age classification) BE (French Comm.) Décret SMA, as modified – Art. 9.2 a) and Material that might seriously impair “Seriously -10: (programmes b) the physical, mental or moral impair” (“hard” containing certain development of people under 18 pornography, scenes susceptible to Order of the Government of 21.02.2013 must not be broadcast. Broadcasters violence): harm the physical, must take all necessary steps to banned in linear mental or moral protect young people from material services and in development of that is unsuitable to them by VOD services. children under 10). appropriate rating and through the -12: (repeated scenes choice of the time of transmission. “Likely to of physical or impair”: allowed psychological “Signalétique”: Programmes likely to in linear services violence): not allowed impair minors are rated and with some form in linear services from accompanied by access restrictions of protection 6:00 to 20:00 (22:00 (on-screen icon for the duration of (watersheds, on the eve of public the programme and watersheds on access code + holidays) linear services or parental PIN code). on-screen age- -16: (erotic or very related icons on violent scenes): not electronic allowed between 6:00 programme and 22:00 guide or -18: (pornographic or acoustic hugely violent scenes): warning + only between 24:00 screen age- and 5:00 in crypted related icons if channels and only no access code accessible through (Art. 9.2a) SMA) parental access code. / allowed in non-linear These watersheds are services with not applied to non- some form of linear services (VOD) protection or to linear services (parental code accessible by personal (PIN code) + on- access code. screen age- related icons on

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

electronic programme guide and catalogues (Art. 9.2b) SMA).

BG Radio and Television Act Integrated approach across all “Seriously + 18 rated audiovisual media services regarding impair”: banned programmes are (Art. 19 on-demand services) protection of minors, according to in linear services restricted by which material that might seriously / banned on watersheds. Bill amending the RTA of 14.5.2014 impair the physical, mental or moral VOD services development of minors is banned in (restrictive They can only be linear and VOD services; Material definition) broadcast between that is likely to impair is allowed with 23:00 and 06:00. access restrictions in linear and in “Likely to non-linear services. impair”: allowed with access restrictions in linear services (on-screen icons or acoustic warnings required by law + technical filtering devices or software used by broadcasters) / allowed with some form of protection in non-linear services (technical access restrictions, such as filtering, encryption, pre- locking/PIN codes or other

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

age verification systems).

CY Law on Radio and Television Stations Television broadcasts shall not “Seriously “Family Zone” means include programmes which may impair” the period during Art. 29(1)-(3): linear services seriously impair the physical, mental (pornography, which programmes in or moral development of minors and gratuitous unencoded form that Art. 31A(1)(a)-(b): non-linear services particularly programmes containing violence): are suitable for pornographic scenes or scenes of banned in linear viewers under the age Cyprus Broadcasting Corporation Law gratuitous violence. In the case of services / of 15 are broadcast. programmes which are likely to allowed with The zone starts at 5.30 Art. 19(5) (a)-(c): linear services impair the physical, mental or moral access and ends at 21.00 for development of minors, it must be restrictions in the nights which are Art. 181 (1) – (2): non-linear services ensured, through the selection of the non-linear followed by working appropriate time of the broadcast or services (age days and at 22.00 for Regulations of Radio and Television by other technical measures, that rating, content the nights which are minors will not normally watch or filtering and followed by non- Stations hear these broadcasts. When such parental access working days programmes are broadcasts in an codes). (Saturday, Sunday, Reg. 21(6)-(7) encoded form, broadcasting holidays and school organisations must ensure that they “Likely to vacations). are preceded by an acoustic warning impair”: allowed or are identified by the presence of a with some form Warnings must be visual symbol throughout their of protection in given regarding the duration. linear services nature of the (appropriate programs: verbal Audiovisual media services providers time of warning before the of non-linear services, which may broadcast, start of the broadcast seriously impair the physical, mental technical and visual warning, or moral development of minors, measures, with a visual must ensure that they are made acoustic indication every ten available in such a way that minors warnings, on- minutes, in the left will not normally watch or hear screen icons – lower part of the them. They must provide, in applicable only screen: addition to the rating of programs, to non-coded (K) in green for additional technical means, in programs) / programs suitable for particular a user-friendly system of allowed without universal viewing; content filtering and access codes to restriction in (12) in yellow for such content, with which parents of non-linear programs unsuitable minors will be provided when services. for viewers under the subscribing to a service provider, so age of 12; that they will be able to ensure the (15) in blue for blocking of the access of minors to programs unsuitable

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

services which may seriously impair for viewers under the their physical, mental or moral age of 15; development. (18) in a red for programs unsuitable for viewers under the age of 18; (A) for programs of intense sexual content.

Programs classified under the categories (12), (15) and (18) may be shown only outside the family zone.

Television stations of unencoded broadcasts are forbidden to show broadcasts, which come under category (A). Stations of encoded broadcast may show broadcasts of the category (A) only between the hours 24.00 - 5.30. CZ Radio and TV Broadcasting Act Some elements of self and co- “Seriously Only programmes that regulatory system for linear and for impair” "can be watched by On-demand Audiovisual Service Act non-linear services. Includes a code (pornography, children" can be aired (Section 6(3) on-demand services) of conduct regarding the protection gross gratuitous until 22:00. of minors from harmful content by violence): TV broadcasters. banned in linear After 22:00, adult- services / orientated allowed with programmes may be access aired. restrictions in non-linear services + technical access restrictions (such as

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

filtering, encryption, pre- locking / PIN codes or other age verification systems).

“Likely to impair”: allowed with some form of protection in linear services (on-screen icons + acoustic warnings required by law) / allowed with some form of protection in non-linear services.

DE Youth Protection Act (age rating for films The JMStV introduced a regime “Seriously - +16: allowed (cinema, feature films DVD, computer applicable to electronic information impair” (illegal between 22:00 and games) and communication media content / 06:00 (broadcast and telemedia services). pornography, - +18: allowed Interstate Treaty on the Protection of Under Article 5 JMStV, providers are certain indexed between 23:00 and Minors (JMStV): definition of harmful required to ensure that children and content and 06:00 contents - Art. 4 (Länder), Art. 5, Art. 11 teenagers do not see or hear content contents which impairing their development by the seriously impair This means that (applicable to broadcasting and telemedia use of technical means or scheduling minors: ex. programmes marked services) restrictions. The Commission for the violence, sexual, "Keine Protection of Minors in Electronic etc.): banned in Jugendfreigabe" (not Media (KJM) coordinates the work of linear services / approved for minors) the State media Authority at the allowed on VOD by the voluntary self- national level in this field and by means of a regulation ensures that the providers act in closed user organisation FSK may compliance with the JMStV. group which is only be shown after ensured by 23:00. Blacklisted In addition, all TV broadcasters, using age movies may not be providers of impairing telemedia verification aired at any time. services and search engines systems (KJM providers in Germany are obliged has developed For some content

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

under the JMStV to have a key criteria for a “+12”, the watershed competent youth protection officer two-step is between 20:00 and who is responsible in advising the process based 06:00, but there is no management in all protection related on identification general watershed for issues; he/she usually decides on all and such content. age classification within companies. authentication). If a commercial “Likely to broadcaster wants to impair”: allowed air a programme not with some form rated by the FSK, the of protection programme’s (watershed + watershed is usually on-screen icons rated by the FSF or acoustic (Freiwillige warnings Selbstkontrolle required by law Fernsehen – Voluntary + technical Self-Regulation for TV) filtering devices instead. or software used by A programme with broadcasters) / neither an FSK nor FSF allowed with rating is not usually some form of aired by commercial protection in broadcasters, as the non-linear KJM (Kommission für services Jugendmedienschutz – (watershed + Commission for the labelling Protection of Minors restrictions (age in the Media) may classification) or charge a fine if it finds technical access the content restrictions inappropriate. (such as filtering, To avoid the original encryption, pre- watershed for a locking / PIN programme or to air a codes or other blacklisted movie, age verification commercial systems). broadcasters can ask the FSF to tell them “Telemedia” how to cut the movie providers shall for another rating. provide clear

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

references to any existing labelling in the content provided if the content is wholly or largely identical with films or games which are labelled or have been cleared for the respective age group pursuant to Article 12 of the German Protection of Young Persons Act.

Certified technical systems for the protection of minors for ‘telemedia’ content which could impair minors (Art. 11 JMStV).

DK Radio and Television Broadcasting Act The possessor of a broadcasting “Seriously All pornographic films (Section 48 provides that the Minister of licence must ensure that no impair” are automatically Culture has the authority to make specified programme are transmitted that (pornography, rated at 16 years and rules about the protection of minors). could damage to any serious degree unnecessary above. However, the the physical, mental or moral violence): law does contain no The rules on protection of minors are development of minors, exercising banned in linear explicit regulations detailed through secondary legislation, by: particular control over programmes services (Art. 6) concerning the Order no. 100 of 28.01.2010 as amended that include pornography or / allowed with question of violence. by Order no. 894 of 23.08.2012, Order no. unjustified violence. This also counts some type of 882 of 28.06.2013 and Order no. 1109 of for programmes that can damage the protection The Public Service 13.08.2013. (applying to both linear and physical, mental or moral (labelling of the Television Danmark’s

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

non-linear services). development of minors, unless it is service that Radio uses an informal ensured – by choice of programming makes the watershed of 21:00 hours or by installing of technical viewers aware and there is also a devices – that minors will not watch of the harmful standard provision for or listen to the programmes. content, for all broadcasters that example – Art. those programmes 11). that are considered harmful to minors can “Likely to only be shown after impair” (e.g. 24:00. sexually explicit content): A watershed is not allowed with necessary if a decoder some form of is used to receive protection in programme. linear services (by choice of The guidelines used by programming or Danmarks Radio are installing inspired by EBU. technical device: acoustic warning or visual icons on screen required by law during the whole time the program is on air – Art. 6) / allowed without restrictions in non-linear services.

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

EE Media Services Act: Contents that may seriously impair “Seriously General watershed the physical, mental or moral impair” from 6:00 until 22:00 Art. 19(2)-(6) (linear TV services / Art. 19(7) development of minors shall not be (pornography, for “likely to impair” (on-demand services) emitted. In the case of contents promotion of contents. which are likely to impair minors, it violence or must be ensured through the choice cruelty): banned Such programmes of the time of transmission or by in linear services shall be accompanied other measures that minors will not / allowed with by appropriate symbol normally perceive them. some form of indicating that it is protection in uinsuitable for minors. non-linear services A watershed is not necessary if a decoder “Likely to is used to receive impair”: allowed programme. with some forms of protection in linear services (watersheds + acoustic warnings required by law) / allowed without protection (technical access restrictions available (such as filtering, encryption, pre- locking/PIN codes or other age verification systems

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

ES Spanish General Law 7/2010 of Audiovisual Contents that may seriously impair “Seriously According to the Self- Communication (Art. 7) the physical, mental or moral impair” regulation agreement development of minors shall not be (pornography, for audiovisual emitted. In the case of contents gratuitous content and minors which are likely to impair minors, it violence, gender signed by almost all must be ensured through the choice violence and free to air DTT of the time of transmission or by mistreatment): national providers the other measures that minors will not banned in linear age rating system is: normally perceive them. services / All / +7 /+12 / +16 allowed in non- /+18. linear services with access Two watersheds for restrictions free to air television: (dedicated areas - General watershed in (from 06:00 to 22:00: catalogues) and during this time slot using age rating any program and digital considered coding for the inappropriate for age rating that minors under 18 allows the cannot be broadcast. exercise of Programs rated as +18 parental control are only allowed systems. between 22:00 and 06:00. “Likely to - Special watershed: impair”: allowed during which this time in linear services slot any program with some considered forms of inappropriate for protection: age minors under 13 rating + on- cannot be broadcast. screen icons + - Working days: from acoustic 08:00 to 09:00 and warnings for from 17:00 to 20:00. content rated as - Saturdays, Sundays 18 + watersheds and festive days: from + technical 09:00 to 12:00. filtering devices or software used by broadcasters (using digital

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

coding for the age rating that allows the exercise of parental control systems) / allowed in non- linear service with some protection (age rating and using digital coding for the age rating that allows the exercise of parental control systems).

FI Amendment to Act No. 744/1998 on Radio Before airing a programme, the “Seriously In Finland, all the and Television Broadcasting (Laki channel must provide the related impair” : major television television-ja radiotoiminnasta) rating information to the Allowed with companies (Yle, MTV governmental bureau Finnish Centre some form of Media, Nelonen Acts nos. 306/2010 and 712/2011 and Act for Media Education and Audiovisual protection (age- Media, SBS Finland No. 710/2011 on audiovisual programmes Media, which replaced the now- rating) in linear and Fox International) (Kuvaohjelmalaki) / classification and defunct Finnish Board of Film and non-linear have agreed not to labelling of various types of audiovisual Classification in this capacity at the services. show 16-rated content. beginning of 2012. content before 21:00 “Likely to and 18-rated content For on-demand services: Act. No. The Finnish Centre for Media impair”: allowed before 458/2002 on the provision of information Education and Audiovisual Media in linear services 23:00.Television society services, complemented by Act no. (MEKU) is responsible for the with some form channels use their 460/2003 on the exercise of freedom of supervision of audiovisual of protection own discretion to expression in mass media programme provision (classification (on-screen icons decide the ratings. of films, protection of minors) and + acoustic the coordination and promotion of warnings national media education. required by law).

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FR Law n° 86-1067 of 30/09/1986 related to “Signalétique jeunesse”: “Seriously -10: not allowed in the freedom to communicate Art. 1 and 15 Programmes likely to impair minors impair” programmes for are rated and accompanied by access (criminally children. Recommendation of 7/06/2005 to TV restrictions (on-screen icon for the unlawful -12 rated services publishers regarding youth rating duration of the programme) and material; programmes/films: and classification of programmes, as watersheds. (attempt to not allowed in general modified by the CSA deliberations n° 2012- human dignity: channels before 57 of 23/10/2012 and n° 2014-17 of Rule: violence, sexual 22:00; exceptionally 5/03/2014 - Material that might seriously perversion, (16 max.) allowed at impair the physical, mental or degrading to the 20:30 but never on Deliberation of the CSA of 15.12.2004 on moral development of people human person; Tuesdays, Fridays, the broadcasting on television of under 18 must not be broadcast. child Saturdays and on the programmes unsuitable to under 18s - Broadcasters must take all pornography; eve of public holidays necessary steps to protect young hard-core (for the films Deliberation of the CSA of 20.12.2011 on people from material that is violence): prohibited under 12: 4 the protection of young audiences, unsuitable to them by appropriate banned on TV max. per year, and per deontology, and the accessibility of rating (under the age of and on VOD channel). For movie programme on on-demand AVMS 10/12/16/18) and scheduling services. channels: not allowed time. on Wednesdays Tableau signalétique 2014 “Likely to before 20:30. impair”: allowed with some form -16/-18 rated of protection in programmes/films: linear services. not allowed in general “-18” channels before 22:30 (pornographic and 20:30 on movie and extremely channels respectively. violent): only on specific TV pay -18 rated services with programmes/films: age rating not allowed on obligations + general channels; watersheds + Certain satellite and broadcast time cable channels can air restrictions + them in a limited restricted access number per year system including subject to prior access code. information of “-16” and “-12” subscribers. Not (erotic material, allowed between 5:00 violent content) and 24:00. The access / repeated to these programmes physical or is locked with PIN

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

psychological code. violence / theme that may The watershed for all trouble children ratings finishes at under 12): 06:00 the following Available in morning. cinema and PPV services and In non-linear services, other services allowed with some with age rating form of protection. obligations + All programmes must watersheds + be rated and the broadcast time warning symbols shall restrictions. be displayed on “-10” (contents catalogues, which are likely programmes and to shock trailers. Pin codes are children under mandatory for -18 10): no programmes, which restriction. cannot be offered for free. There are two In non-linear separate areas: a services, ‘trust zone’ which allowed with contains only some form of programmes which protection. All are suitable for all programmes audiences and ‘an must be rated adult zone’ which and the warning contains all symbols shall be programmes which displayed on are not suitable to catalogues, under 18s. There is programmes only one watershed, and trailers. Pin on -16 programmes codes are offered for free (22:30 mandatory for - to 5:00). 18 programmes, which cannot be offered for free.

GB Broadcasting Act 1996 Ensure that people under 18 are “Seriously Watershed only protected. impair” content applies to: Communications Act 2003 (sections 3(4)(h) (illegal content, - Free-to-air TV:

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

and 319(2)(a) and (f) Rule: extremely between 21:00 and - Material that might seriously violent 05:30 Audiovisual Media Services Regulations impair the physical, mental or pornography, - Not protected 2009 (Art. 368E - harmful material and moral development of people R18+, hard-core premium or pay-per- ODAVMS) under 18 must not be broadcast. porn R18, view services: from - Broadcasters must take all material likely to 20:00 to 06:00. Audiovisual Media Services Regulations necessary steps to protect people incite hatred - Protected (by pin 2010 under 18. based on race, code) premium or - Children must also be protected sex, religion or pay-per-view Ofcom Guidance Notes, Section 1 by appropriate scheduling from nationality: services: No material that is unsuitable to them banned on TV + watershed (under 15) VOD. There should be a “Likely to gentle transition to impair”: adult material and 18- Material which rated content must might seriously not air until 22:00 on impair the most channels that physical, mental are without PIN or moral protection. However, development of channels that are persons under dedicated to airing the age of 18: adult content may be allowed with allowed to start 18- access rated content at 21:00 restrictions. without PIN protection. R18-rated material is not allowed at all, and must be edited to fit 18-rated content guidelines if shown on television.

Advertisements also have to comply with the same set of rules, and can be restricted when shown outside the watershed.

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

GR Presidential Decree 109/2012 Contents that might seriously impair Seriously Triple-tier watershed, the physical, mental or moral impair’: banned along with a five-tier Art. 13 (on-demand AVMS) development of minors shall not be in linear services colour-coded decal broadcasted in linear services. They / allowed in scheme, displayed in Art. 26 (linear TV services) are allowed in non-linear services non-linear the beginning and in with access restrictions. With respect services with regular intervals to contents which are likely to impair access during all broadcasts minors, they must be accompanied restrictions except for news by some form of technical protection (watershed + bulletins. in linear services and may be offered labelling - A white rhombus in without restriction in non-linear restrictions (age green or a white services. classification) + circle in blue technical access indicates restrictions unrestricted (such as programming. filtering, - A white triangle in encryption, pre- orange indicates locking/PIN programming that codes or other could upset younger age verification children, and is only systems). allowed between 19:00 and 06:00. “Likely to - A white square in impair”: allowed purple indicates in linear services programming that with some form may be unsuitable of protection for children, and is (classification of only allowed contents + on- between 21:00 and screen icons + 06:00. acoustic warnings - A white X in red required by law) indicates / allowed programming which without by law must not air protection. until midnight. Programmes with foul language will typically fall into this category. Content with this rating before midnight is punishable by fine, except when used in

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

the context of a suitably labelled film, theatrical play or other media.

The colour-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.

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HU Act CLXXXV of 2010 on Media Services and Television channels must not contain Seriously Six classification Mass Media programmes that may seriously impair’: categories: impair the physical, mental or moral (category VI): - Category I / “-6” (Art. 9: Linear TV services) / (Art. 11: on- development of minors. In the case banned in linear (programmes that demand AVMS) of television programmes, which are services / may be viewed or likely to impair minors, it must be allowed with listened to by Act CIV 2010 on the fundamental rules of ensured, through the choice of the some form of persons of any age: the freedom of the press and media time of transmission or by other restrictions in no watershed. contents (Press and Media Act): Art. 19(2) measures, that minors will not non-linear - up to Category VI, protection of minors from harmful normally perceive such programmes. services. (programmes that contents in on-demand AVMS may seriously The media regulator issue “Likely to impair the physical, Rules on Protection of minors, Art. 2, par recommendations regarding impair”: allowed mental or moral 1. OG 60/10: effective technical solutions. On- in linear services development of demand audiovisual media services with some form minors, particularly Recommendation of 19.07.2011 of the providers are obliged to notify the of protection because they Media Council of the National Media and regulatory authority, the National (rating +on- involve Communications Authority Media and Infocommunications screen icons + pornography or Authority. acoustic extreme and/or warnings unnecessary scenes required by law) of violence): can be / allowed in aired only in an non-linear encrypted form or services with by the use of some form of another effective restrictions technical solution. (technical access restrictions The Recommendation (such as describes the filtering, psychological encryption, pre- characteristics and the locking/PIN media competence of codes or other the different age age verification groups in relation to systems). the classification categories that have been set out in the Media Law Act. Furthermore, it illustrates by several examples which genres, harmful elements or problem

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

areas can appear in each specific category and which content shall be classified as falling into a higher (stricter) category.

HR Electronic Media Act (EMA) Television channels must not contain “Seriously - Category 18: not Art. Art. 20 (on-demand services) / Art. 26 programmes that may seriously impair”: allowed between (linear TV services) impair the physical, mental or moral (pornography; 07:00 and 23:00. development of minors. In the case gratuitous During the entire Rulebook of the Council for Electronik of television programmes, which are violence): broadcast the Media on TV broadcasters for the purpose likely to impair minors, it must be banned in linear following mark of the protection of minors, of April 2008 ensured, through the choice of the services / must be visible: a time of transmission or by other allowed with transparent circle measures, that minors will not access with the number normally perceive such programmes. restrictions in “18” written in red. non-linear - Category 15: not The Agency for Electronic Media has services. allowed from 07:00 issued rules on the protection of to 22:00. The minors. Article 14. OG 60/10 deals “Likely to complete broadcast with on-demand media service impair”: allowed must be marked providers. in linear services with a transparent

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

with some form circle with the of protection number “15” (watershed written in orange. +¨technical tools - Category 12: not of access allowed between restrictions 07:00 and 21:00 required by and must carry, for law.) / allowed the duration of the in non-linear broadcast, a services with transparent circle some form of with the number protection “12” written in (visual symbols green. + labelling restrictions (age classification) + PIN code). IE Broadcasting Act (2009) Children (under 18) shall not be Seriously impair’ In Ireland, there is no exposed to programming that would (pornography, statutory requirement Audiovisual Media Service Regulation 2010 seriously impair their moral, mental gratuitous for a watershed. The Art. 18(2) (linear TV services) / Art. 6(2) and physical development, in violence): CPS of the particular, programmes involving banned on Broadcasting (On-demand services) pornography or gratuitous violence. traditional TV / Authority of Ireland Broadcasters share a responsibility allowed with (BAI) requires BAI Code of Programme Standards (CPS) with parents and guardians for what access television and radio (new revised code to come into effect on children listen to and watch and in restrictions in broadcasters to use at 1.03.2015) protecting children from exposure to non-linear least one of three inappropriate and harmful services. methods to advise programme material. viewers of content, “Likely to namely: an explicit BAI defines children’s programmes impair”: allowed watershed for adult- as programmes that are commonly with some form oriented programmes; referred to as such and/or have an of protection in prior warnings before audience profile of which over 50% traditional TV potentially offensive are under 18 years of age. (requirement to programming; and/or schedule a descriptive appropriately or classification system. encode and where The BAI CPS code unencoded to states that, in general either provide terms, programmes an acoustic prior broadcast after 21:00 warning or are not regarded as

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

apply visual children’s classification programmes. After throughout the this time, the primary duration of the responsibility for what programme) a child is watching is and non-linear seen to lie with the services. parents/guardians. The Code recognises, however, that children’s viewing does not end abruptly at 21:00 and, therefore, the Code will offer some protection in the hour between 21:00 and 22:00. RTÉ Television implements a watershed of 21:00 (ending at 06:30), as well as an onscreen classification system. Programmes with the MA ("mature audience") classification may only be shown after the watershed. IT Italian AVMS Code as revised in July 2014 Television channels must not contain “Seriously - Between 07:00 to (Art. 1, modifying Art. 34 on protection of programmes that may seriously impair” 23:00: all channels minors) impair the physical, mental or moral (gratuitous or must broadcast development of minors. In the case insistent or "general audience" Self-regulation Code on TV and minors of of television programmes, which are brutal violence programmes. 29.11.2002, as amended likely to impair minors, it must be or pornography, - +14 programmes: ensured, through the choice of the including allowed after 23:00 time of transmission or by other cinematographic - +18 programmes: measures, that minors will not works classified prohibited from normally perceive such programmes. as unsuitable for television minors under altogether, with the Primary and secondary legislation 18): banned in only exception of adopted by the Communications linear services / satellite and cable Authority (AGCOM), especially with allowed with premium adult regard to technical measures and access channels and VOD

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

classification of programmes. Italian restrictions AVMS Code as revised in July 2014 (parental Specific measures to and self-regulatory provisions were control systems protect minors during defined in the TV and minors Code in + PIN code, the hours of 2002. except for VOD programming from by PSB 16:00 and 19:00 and (banned). within programs directly aimed at “Likely to minors particularly impair”: regarding advertising, Allowed with promotion and all some form of other forms of protection in audiovisual linear services commercial (rating, communication are watersheds, on- detailed in self- screen icons + regulatory acoustic instruments. warnings required by law and also by codes of conduct + technical filtering devices or software used by broadcasters) / allowed in non- linear services without protection.

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

LT Law on the protection of minors against Television channels must not contain “Seriously Broadcasters the detrimental effect of public programmes that may seriously impair”: themselves are information (10.9.2002 – No IX-1067), as impair the physical, mental or moral (physical or obliged to assess and last amended on 14 July 2009 – No. XI- development of minors. psychological determine if the “to- 333): Art. 4 + Art. 6 violence or be-published In the case of television vandalism: information” might Law on Provision of Information to the programmes, which are likely to restrictive have a negative effect Public, as amended: Art. 40.3 (protection impair minors, it must be ensured, definition) on minors. of minors in public audiovisual information through the choice of the time of banned in linear The Rules provide services/ on-demand AVMS) + Art. 17 transmission or by other measures, services / three TV programme that minors will not normally banned on VOD categories: Rules for the categorization and perceive such programmes. (restrictive - N-7 (programmes for dissemination of information, which might definition). viewers under 7). have a negative effect on minors (came - N-14 (under 14). into force on 1.11.2010) “Likely to - S (under 18): allowed impair”: allowed from 23:00 to 06:00. with some form of protection The Rules set one (watersheds + more new on-screen icons requirement: to + acoustic visually or orally warn warnings the viewers with a required by law) note that the / allowed with “Information might some form of have a negative effect protection in on minors” prior to non-linear the beginning of the services programme in case (technical access the respective restrictions programme might (such as contain such filtering, information, but is encryption, pre- allowed to be locking/PIN transmitted by law. codes or other age verification systems).

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

LU Law of 27 July 1991 on Electronic Media, As a result of Art. 12 of the AVMS “Seriously According to the as amended (17.12.2010): Art. 27ter Directive, the government of impair” regulation: (linear TV services) / Art. 28quater (on- Luxembourg adopted a regulation on (pornography, - No age distinction: demand services) the protection of minors in gratuitous programmes audiovisual media services based on violence): appropriate for all Regulation on Protection of Minors in the Law of Electronic Media. banned in linear audiences; Audiovisual Services of 08.01.2015 services / -10: classified as The new regulation introduces a allowed with unsuitable for minors system of self-classification which access under 10 asks broadcasters established in restrictions in -12 (physical and Luxembourg to classify their content non-linear psychological violence along 5 categories of age groups: all services in a systematic and audiences, not suitable for minors repeated manner): under 10, 12, 16 and 18. The new “Likely to may not be broadcast system applies both to providers of impair”: allowed in unencoded form linear and on-demand audiovisual in linear services between 06:00 and media services. with some form 20:00 of protection -16 (erotic character (watersheds + or great violence): on-screen icons allowed in uncoded + text display form after 22:00 and warnings before 06:00 required by law) -18 (sexually explicit / allowed in or highly violent non-linear character): encoded + services with personal access code some form of + broadcast only protection (age between 24:00 and classification 05:00. labels)

On top of the local classification, broadcasters of linear audiovisual media services established in Luxembourg, but principally targeting the audience of

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

another EU member state can opt for the classification system of that particular member state, provided this regime has a level of protection that the regulatory authority ALIA regards as equivalent. In addition, providers of on- demand services can pick, as a third system, the classification granted in the country of origin of the program. ALIA must be notified to change regime; local classification is considered be the default system.

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

LV Law on Electronic Media implementing the Television channels must not contain Seriously Audio and audiovisual AVMSD 28.7.2010 programmes that may seriously impair’: allowed works displaying impair the physical, mental or moral in linear and physical or Art. 24(10) (on-demand AVMS) development of minors. non-linear psychological services with violence, bloody or In the case of television access horror scenes, scenes programmes, which are likely to restrictions relating to sexual acts impair minors, it must be ensured, (watershed, and the use of drugs through the choice of the time of restricted access or containing foul transmission or by other measures, control tools, language may not be that minors will not normally audible warning transmitted between perceive such programmes. signal + visual 07:00 and 22:00. symbol required by law + technical access restrictions (such as filtering, encryption, pre- locking/PIN codes or other age verification systems (providers are required to cover harmful pictures and to replace rude words with a noise).

“Likely to impair”: allowed in linear services with some form of protection (on-screen icons + acoustic warnings required by law + technical filtering devices or software

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

used by broadcasters) / allowed in non- linear services without protection.

MT Broadcasting Act, 1991 (Act No. XII of Though the regulatory authority “Seriously No material which 1991), consolidated version 2011Art. remains in charge of the regulation impair”: banned primarily exists for 16N(1) (on-demand AVMS) of on-demand audiovisual media in linear services sexual arousal or services, some self-regulation and / allowed in stimulation may be Broadcasting Code for the Protection of co-regulation practices are taking non-linear broadcast in Minors place in relation to classification and services with programmes aimed at labelling of content and the access minors or before Draft Code for the Protection, Welfare and development of technical measures restrictions (PIN 21:00 Development of Minors on the to prevent minors from accessing code), except Broadcasting Media harmful contents. for VOD by When legal public service restrictions apply to New provisions proposed for broadcaster. prevent the inclusion in the draft Code require identification of any broadcasting stations to have “Likely to person, broadcasters officers in charge of programme impair”: allowed must pay particular rating. Programme promotions with some form attention to should not include gratuitous of protection in withholding any violence and any other material linear services information which suitable only for a mature audience. (on-screen icons could identify minors Programme promotions may be + acoustic who are or may be broadcast during the day, so long as warnings victims, witnesses, each specific episode is rated. Minors required by law defendants or authors are defined as persons who are -, except for in cases of a sexual under 16. VOD by public offence in the civil or service criminal courts. broadcaster (banned) / Broadcast related to

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

allowed in non- the paranormal linear services, (exorcism, occult except for VOD practices) are not by public service allowed between broadcaster 06:00 and 21:00 (banned).

NL Dutch Media Act 2008 (Mediawet) Television channels must not contain “Seriously All ages / +6 / +9 programmes that may seriously impair”: banned programmes can be Art. 4.1-4.6 impair the physical, mental or moral in linear services broadcast all day: no development of minors. In the case / allowed in watershed. of television programmes, which are non-linear +12: allowed from likely to impair minors, it must be services with 20.00 to 06.00 ensured, through the choice of the access +16: allowed from time of transmission or by other restrictions, 22.00 to 06.00 measures, that minors will not except for VOD normally perceive such programmes. by public service broadcaster In the Netherlands there is a shared (banned). responsibility between The Dutch Media Authority (Commissariaat “Likely to voor de Media, CvdM) and NICAM impair”: allowed (the Netherlands Institute for the for private Classification of Audiovisual Media). media in non- linear services / Allowed for private media in linear services and public service broadcaster (in linear and non- linear services) if the media

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

service provider is affiliated with NICAM, respect the watersheds and shows the applicable symbols (age and content descriptors based on Kijkwijzer system).

PL Broadcasting Act of Dec. 29,1992, as Television channels must not contain “Seriously Double-tier watershed amended in 2011 programmes that may seriously impair”: banned system, as well as five impair the physical, mental or moral in linear services age ratings. development of minors. / allowed in non-linear All age ratings must be In the case of television services under displayed throughout programmes, which are likely to specific the whole of the impair minors, it must be ensured, conditions / programme, with the through the choice of the time of effective exception of transmission or by other measures, technical commercial breaks that minors will not normally security and news bulletins. perceive such programmes. measures). The ratings are ‘All’ “Likely to (indicated on-air by a impair”: allowed smiling face), “7” (blue in linear services background), “12” with some form (yellow background), of protection “16” (orange (watersheds + background) and “18” on-screen icons (red background with required by law a key in the middle). / allowed with The number in the age on-screen icons rating indicates the in non-linear lowest age for which it services. is suitable. - “12” programmes (war theme and/or stronger violence): not allowed within children's

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

schedules. - “16” programmes (very strong violence, bad language and/or erotic situations): not allowed within children's schedules or before 20:00 on mainstream channels. - “18” programmes (explicit violence, explicit situations, racist comments): not allowed within children's schedules or between 06:00 and 23:00 on mainstream channels (+ rating).

PT Law of 11 April 2011 amending the Television channels must not contain “Seriously “16” and “18” Television Act of 2007 programmes that may seriously impair”: allowed programmes: allowed impair the physical, mental or moral in linear services on open-air channel Art. 27(3)-(5) (linear TV services) / Art. development of minors. with access only between 23:00 27(10) (on demand AVMS) restrictions and 06:00. In the case of television (conditional programmes, which are likely to access) / No watershed on impair minors, it must be ensured, allowed in non- cable television, through the choice of the time of linear services except for transmission or by other measures, with access pornography which that minors will not normally restrictions cannot be broadcast perceive such programmes. (based on at all if the signal is voluntary not encrypted, system, on- requiring an IRD to be demand AVMS seen. work with a PIN code access, which is sent to the client. The PIN code restricts access

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

to content according to a graduated classification (high-average- low restrictions / unrestricted). By default, all TV boxes are delivered to clients with low level of active constraints, i.e. with access to all contents except adult content.

“Likely to impair”: allowed in linear services with some form of protection (watersheds + on-screen icons required by law and also by codes of conduct) / allowed in non- linear services with some form of protection.

RO Radio and Television Broadcasting Act, Television channels must not contain “Seriously - All categories: no consolidated version 2009 programmes that may seriously impair”: banned restrictions nor impair the physical, mental or moral in linear services watersheds Art. 39 (linear TV services) / Art 39.1 (on development of minors. / allowed in - “AP” programme: demand AVMS) non-linear only with parents’ In the case of television services with permission for Decision No. 220, of 24.02.2011 regarding programmes, which are likely to access minors under 12 impair minors, it must be ensured, restrictions, the Regulatory Code of Audiovisual - “12” prohibited through the choice of the time of except for VOD Content under 12: allowed

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

transmission or by other measures, by public service after 20:00 + that minors will not normally broadcaster warning sign perceive such programmes. (banned). - “15”: allowed between 23:00 and Likely to impair: 06:00 + warning allowed in linear sign services with - “18” prohibited some form of under 18 other protection (on- than pornographic screen icons + audiovisual acoustic productions (horror warnings or erotic movies, required by law extremely violent + technical movies..): allowed filtering devices between 01:00 and or software 06:00 + warning used by sign during all the broadcasters + duration of the pre-locking programme systems for the - “18+” (detail sexual transmission of intercourse): shall over-18 not be broadcast or content) / retransmitted by allowed with media service some form of providers under the protection jurisdiction of (labelling Romania / under restrictions (age the jurisdiction of classification) + EU member states, technical access may be introduced restrictions in the offer of (such as service distributors filtering, if encrypted and encryption, pre- included in the locking/PIN optional packages codes or other specially dedicated age verification to adults only systems) in non- available between linear services, 01:00 and 05:00 for except for VOD analogue by public service retransmission. broadcaster

(banned).

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

SE Swedish Radio and Television Act of Same approach between linear and “Seriously Programmes 17.6.2010 non-linear services regarding impair” unsuitable for children “seriously impair” contents (allowed (portrayals of must be broadcast Chapter 5 - 1 (linear TV services) and 2 (on- in both services), with some violence of a after 21:00. demand AVMS) differences in the level of protection realistic nature required. Graduated approach with or pornographic Broadcasting License respect to “likely to impair” content images): (allowed with some form of allowed in protection in linear services and linear services without protection in non-linear with access services). restrictions (either preceded The Swedish Media Council by a verbal encourages broadcasters to create warning or self-regulating instruments warning text continuously displayed on the screen throughout the broadcast) / allowed in non- linear services (must be provided in such a way that it does not create a considerable risk for children viewing the programmes.

“Likely to impair”: allowed in linear services with some form of protection (Acoustic warnings required by law for programmes

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

containing portrays of violence of realistic nature or pornographic. On-screen icons are encouraged but not required by law) / allowed in non- linear services without protection (restrictions concerning material which is “likely to impair” are included in broadcasting licences. However, VOD service providers are only required to register with the Swedish Broadcasting Authority).

SI Law concerning protection of minors Television channels must not contain “Seriously - “PG” (includes adopted on October 2013 programmes that may seriously impair” scenes that might impair the physical, mental or moral (pornography, upset children Audiovisual Media Services development of minors. gratuitous under 12, or might violence): not be Art. 14(1) – (3) (linear TV services) / Art. 15 In the case of television banned in linear understandable (on-demand AVMS) programmes, which are likely to services / without adult impair minors, it must be ensured, allowed in non- supervision): no Statutory act complementing it (English through the choice of the time of linear services watershed but version) adopted in October 2013. transmission or by other measures, with access rating (PG) for that minors will not normally restrictions (PIN supervision of perceive such programmes. code or other parents or legal adequate guardians.

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

technical - “-12” (occasional restriction). and moderate violence, horror “Likely to scenes, use of impair”: allowed tobacco/alcohol, in linear services inappropriate with some form language, discreet protection sex scene..): (watersheds or allowed after 21:00 technical + rating. protection of - “-15”(frequent access moderate violence, restriction dangerous scene, required by law horror, required by law) discrimination, sex / allowed in scenes, etc.) : non-linear allowed after 22:00 services with + rating. some forms of - “-18” (severe protection (PIN violence, suffering, code + intense horror classification of scene, nudity and any sexual sex, discrimination, content labelled etc.): allowed after 18 in special 24:00 + rating. section of the catalogue). - Explicit sexual programming content may only be broadcast on TV channels or through on-demand AVMS if access to such content is restricted and only enabled to adults by assigning users a PIN code or applying an equivalent protection system.

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

SK Broadcasting and retransmission Act Television channels must not contain “Seriously +12: (expressive or 308/2000, consolidated version programmes that may seriously impair”: banned aggressive language) impair the physical, mental or moral in linear services may be broadcast all Section 20(2) (on-demand AVMS) development of minors. / allowed in day long but only in non-linear the form and intensity In the case of television services with suitable for minors Decree No. 589/2007, Coll., as amended programmes, which are likely to access aged 12 and over. on 14 March 2014 impair minors, it must be ensured, restrictions +15 programme only through the choice of the time of (labelling allowed after 20:00 transmission or by other measures, restrictions (age (the so-called “second that minors will not normally classification) watershed” applies perceive such programmes. both to linear and “Likely to VOD services (but also impair”: allowed to radio programmes, in linear services cinemas, video and with some form DVD rentals, CD and protection (on- DVD distributors). screen icons required by law) / allowed without protection.

Country LEGAL BASIS PRINCIPLE AND RULES NATURE OF WATERSHEDS CONTENT

NO Law on the The new law on the protection of “Seriously impair”: banned in linear and New age limits are introduced in the new Act: All / 6 / 9 / 12 / 15 / 18. protection of minors, which might come into force non-linear services minors against on the 1 July 2015, introduces a The aim is to better reflect the stages of development of children and the youth. harmful content platform-independent approach. Its “Likely to impair”: allowed with some form The previous age limits were: All / 7 / 11 / 15 / 18. in audiovisual scope includes linear television, on- of protection in linear and non-linear programmes of demand audiovisual services (limited services (rating + PIN codes, watershed, 15.12.2014 to on-demand services that are payment by credit card (although no competing with traditional television binding access restriction by law). Norwegian broadcasts), screening at public Broadcasting Act gatherings in Norway (including at a The same protection tools will apply to all of 10.12.2012 cinema) and making videograms platforms and all audiovisual programmes available to the public (including have to be classified according to age limit. distribution of DVD/Blu-ray). The Act also introduces a duty to ensure Section 2-7 the age limits are met and to inform the (protection of public about the age limit. This includes a minors) duty to label all audiovisual programmes

with a set age limit. The Norwegian Media Film and Video Authority (Medietilsynet) will still be Act of 5.5.2006 responsible for setting the age limits for cinematographic works. For all audiovisual programmes, the age limits shall be set by the distributor of the programme, on the basis of guidelines drawn up by the Norwegian Media Authority.

Main Sources: - IRIS Merlin, European Audiovisual Observatory - European Platform of Regulatory Authorities, EPRA