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Broadcasting Decision CRTC 2004-296

  Ottawa, 27 July 2004
  CTV Television Inc.
Winnipeg, Manitoba
 

Complaint regarding the broadcast of advertising material promoting The Sopranos and City Hall

  The Commission finds that, by broadcasting advertising material containing scenes of violence intended for adult audiences before 9:00 p.m., CKY-TV Winnipeg did not meet a number of the Canadian broadcasting policy objectives set out in the Broadcasting Act, including the objectives that programming serve the interests of children, reflect Canadian values and be of high standard.
 

Background

 

The initial complaint

1.

The Commission received a complaint, dated 13 September 2000, from a Manitoba resident (the complainant) about promotional spots (promos) for the television series The Sopranos and for a theatrical feature film entitled City Hall, aired by CKY-TV Winnipeg during the broadcast of The West Wing between 8:00 p.m. and 9:00 p.m. on 13 September 2000. The licensee of CKY-TV is CTV Television Inc.

2.

The complainant expressed concern that "explicitly violent commercials" were being inserted into a programthat does not contain violent content. The complainant contended that, because the promos are short and do not contain any plot, the explicit violence portrayed in this advertising material is "gratuitous" and that its only purpose is "to shock."

3.

In accordance with Canadian Broadcast Standards Council, Public Notice CRTC 1991-90, 30 August 1991 (Public Notice 1991-90), the Commission referred the complaint to the Canadian Broadcast Standards Council (CBSC, the Council). Among other things, the CBSC oversees the adherence of its members, including CTV Television Inc., to the Canadian Association of Broadcasters' Voluntary Code Regarding Violence in Television Programming (the CAB Violence Code; the Code). As the licensee of CKY-TV, CTV Television Inc. is subject to a condition of licence requiring its adherence to the CAB Violence Code. Application of the condition is suspended as long as the licensee remains a member in good standing of the CBSC.

4.

In a subsequent letter to the CBSC, dated 15 October 2000, the complainant elaborated on his contention that the advertising material in question contained gratuitous violence. The complainant stated: "these commercials contained no plot, no identifiable characters, and no theme, so therefore the violence did not further the plot, or develop any characters or a theme." With respect to the promo for The Sopranos, the complainant submittedthat the statement that the television seriesis "real adult programming" glamorized violence. The complainant maintained that "these two commercials were unsuitable for showing at any time, except possibly imbedded in a program already bearing a violence warning."
 

CTV Inc.'s response

5.

On 15 September 2000, CTV Inc. (CTV) replied to the complainant on behalf of CTV Television Inc. CTV acknowledged that The Sopranos promo was not appropriate for airing before 9:00 p.m. and made a commitment to take the following measures:
 

This promo has been restricted by the network to post 9:00 PM, the time considered the watershed for adult viewing. The promo was scheduled by CTV in The West Wing which airs after 9:00 PM in most of the country. However some affiliates, including CKY, often schedule The West Wing in an earlier timeslot. CTV notified our affiliates about this particular promo and requested that they delete it locally. We have again contacted CKY and reinforced the importance of making sure this promo does not air prior to 9:00 PM.

 

The CBSC's determination

6.

Upon receipt of the complaint, a Prairie panel of the CBSC viewed the episode of The West Wing and the advertising material in question. The CBSC panel considered the complaint against the background of article 1.1 and article 3.2 of the CAB Violence Code. Article 1.1 states that "Canadian broadcasters shall not air programming that contains gratuitous violence in any form, or which sanctions, promotes or glamorizes violence." Gratuitous is defined within the Code as meaning material that "does not play an integral role in developing the plot, character or theme of the material as a whole." Article 3.2 states that "promotion material which contains scenes of violence intended for adult audiences shall not be telecast before 9 pm".

7.

On 20 August 2001, the CBSC issued its decision in CKY-TV re Promos for The Sopranos and City Hall,CBSC Decision 00-01-0071.In its decision, the CBSC found that, while there were suggestions of violence in the promo for City Hall, there were no acts of violence or any elements of violence that would require that it be aired after the watershed hour of 9:00 p.m. The CBSC, therefore, determined that the broadcast of the promo for City Hall before9:00 p.m. on 13 September 2000 did not breach article 1.1 or article 3.2 of the CAB Violence Code.

8.

The CBSC found that violence was "unequivocally present and aggressive" in the promo for The Sopranos,and concludedthat the nature and depiction of that violence dictated that the promo be scheduled only after 9:00 p.m. The CBSC further determined that, by broadcasting The Sopranos promo before 9:00 p.m. on 13 September 2000, CKY-TV had breached article 3.2 of the CAB Violence Code.

9.

The CBSC noted the definition of "gratuitous" contained in article 1.1 of the CAB Violence Code. In the CBSC's view, the broadcast of gratuitous material would be "inconsistent with a 30-second spot, which by its nature, cannot be expected to develop a plot or characters, if not also a theme." The CBSC stated:
 

It is to be expected that a promo or an advertisement will be made up of extremely brief sequences interwoven not to tell a story but to sell a story (or a product or a service). Consequently, no breach of the gratuitous violence provision can be expected to occur.

10.

The CBSC concluded that it is clear from the wording of article 1.1 of the CAB Violence Code that the codifiers did not intend the prohibition against airing programming which contains gratuitous violence to include advertising material. In addition, the CBSC noted that, in CTV re The Sopranos, CBSC Decision 00/01-0130+, 8 March 2001, it had found that there was not gratuitous violence in any of the episodes of The Sopranos it had reviewed. With regard to the present case, the CBSC stated that "a promotional spot based on a series that has been determined to be free of gratuitous violence cannot itself be characterized as containing such violence." Based on the foregoing, the CBSC determined that the broadcast of the promo for The Sopranos did not breacharticle 1.1 of the CAB Violence Code.
 

Request that the Commission examine the matter

11.

The Commission received a letter, dated 14 July 2002, from the complainant expressing dissatisfaction with the CBSC's conclusion that the prohibition in the CAB Violence Code against gratuitous violence does not apply to advertising material. The complainant also expressed concern that the industry standards for programming broadcast after the watershed hour of 9:00 p.m. do not regulate gratuitous violence in advertising material or require viewer advisories when advertising material with violent content is inserted into programming that does not contain violent content. In the complainant's view, by not taking into account the violence portrayed in advertising material, the industry standards fail to limit the overall level of violence depicted in a programming period. The complainant asked the Commission to examine the advertising material in question and the adequacy of the industry standards to regulate violence in programming.

12.

When the Commission announced in Public Notice 1991-90, that it would refer complaints from members of the public about programming matters that are within the Council's mandate to the CBSC for its consideration and resolution, the Commission at the same time emphasized that any interested party may at any time choose to approach the Commission directly. In the present case, the Commission determined that it was appropriate to conduct its own examination of the concerns raised by the complainant in his original complaint and in his subsequent letter to the Commission.
13. The Commission solicited comments on the complainant's 14 July 2002 letter from the licensee of CKY-TV. On 13 December 2002, CTV filed a further submission. On 6 March 2003, the Commission solicited comments from CTV regarding the use of on-screen classifications in the context of the complainant's concerns regarding promotional spots containing violence. CTV's comments are discussed later in this decision in the section that examines the complainant's concerns about the adequacy of industry standards.
 

Examination of the advertising material

 

Description of the advertising material

14.

The City Hall promo and The Sopranos promo aired during an episode of The West Wing, a television drama series about American politics, the White House, and its presidential staff. The Commission notes that these promos were broadcast during an episode that was rated PG (Parental guidance advised).

15.

The promo for City Hall, which aired twice during The West Wing episode, did not show violence taking place although it did contain implied violence, such as a brief glimpse of a body partially submerged in a tire floating in the water.

16.

The 30-second promo for The Sopranos, which aired four times during The West Wing episode, contained brief clips of violence, including one scene portraying a man being punched and another scene portraying a man being shot. The visuals were accompanied by a voice-over stating that "Tony Soprano's world is violent, sexy, funny, and his turf is New Jersey - watch out or he'll mow you down." The promo concluded with a voice-over stating that the series is "television for adults - viewer discretion is advised".
 

The Commission's analysis

17.

The Commission is required, pursuant to section 5(1) of the Broadcasting Act (the Act), to regulate and supervise the Canadian broadcasting system with a view to implementing the broadcasting policy set out in section 3(1) of the Act. Section 3(1) sets out an extensive declaration of the broadcasting policy for Canada, listing a number of policy objectives. Section 3(1)(d)(i) declares that the Canadian broadcasting system should "serve to safeguard, enrich and strengthen the cultural [and] social.fabric of Canada." Section 3(1)(d)(ii) states that the Canadian broadcasting system should"encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas [and] values." Section 3(1)(d)(iii) states that the Canadian broadcasting system, through its programming, should "serve the needs and interests, and reflect the circumstances and aspirations, of Canadian men, women and children." Section 3(1)(g) states that "the programming originated by broadcasting undertakings should be of high standard."

18.

The Commission's approach to the depiction of violence on television stems from the objectives of the Canadian broadcasting policy, as noted above, and is set out in Policy on Violence in Television Programming, Public Notice CRTC 1996-36, 14 March 1996 (Public Notice 1996-36; the Violence Policy). The Commission developed the Violence Policy following an extensive consultative process involving representatives of all sectors of the broadcasting industry and of the public. Almost all who took part in the consultations agreed that violence in television programming has negative effects on children. Accordingly, as indicated in Public Notice 1996-36, the primary objective of the Commission's approach is to protect children from the harmful effects of television violence, while preserving freedom of expression for creators and choice for adult viewers.

19.

The Commission's approach to television violence has also been guided by the principle that all elements of the broadcasting system should appropriately contribute to the attainment of the objectives of the Canadian broadcasting policy so that Canadian children will be protected from harmful programming regardless of its source. As part of its approach, the Commission has enlisted the cooperation of the broadcasting industry to develop strong, credible codes on violence, including the CAB Violence Code, which, among other things, provides the public with tools to make informed programming choices for themselves and for their families.

20.

As noted above, The Sopranos promo contained scenes of violence while the City Hall promo merely contained suggestions of violence. Based on its review of the City Hall promo, the Commission finds that the broadcast of that promo did not fail to meet the objectives of the Canadian broadcasting policy set out in the Act. Accordingly, the Commission's examination focused on The Sopranos promo.

21.

The Commission's examination of The Sopranos promo took into account the concerns raised by the complainant, CTV's replies, and the Commission's own review of the advertising material. This examination was conducted against the background of the Canadian broadcasting policy objectives of the Act with a particular focus on those objectives that are reflected in the Commission's policy on television violence set out in Public Notice 1996-36. In determining whether or not the broadcast of The Sopranos promo met the Act's Canadian broadcasting policy objectives noted in paragraph 17, the Commission considered the scheduling of the advertising material and whether the violence contained in it is gratuitous.
 

The Commission's determination on The Sopranos promo

22.

Based on its review of the advertising material, the Commission determines that The Sopranos promo broadcast by CKY-TV before 9:00 p.m. on 13 September 2000 contains scenes of violence intended for an adult audience.In the Commission's view, the broadcast of any material, including advertising material, that contains scenes of violence for adult audiences before 9:00 p.m., a time period when children might be watching television, is not consistent with the Violence Policy's objective to protect children from the harmful effects of television violence. Accordingly, the Commission finds that CKY-TV's broadcast of The Sopranos promo on 13 September 2000, between 8:00 p.m. and 9:00 p.m., a time when children could reasonably be expected to be watching television, failed to meet the objectives of the Canadian broadcasting policy noted above in paragraph 17, including the objectives that programming serve the interests of children, reflect Canadian values and be of high standard. At the same time, the Commission notes that, in response to the initial complaint, CTV acknowledged that The Sopranos promo was not appropriate for airing before 9:00 p.m. and did take action to ensure that all of its affiliates broadcast the promotional spot after 9:00 p.m.

23.

As to the programming content of The Sopranos promo, as opposed to the time at which it was scheduled, the Commission does not consider that the content failed to meet the Canadian broadcasting policy objectives set out in the Act. In the Commission's view, The Sopranos promo did not focus exclusively on violence, but contained other elements that provided context. The promotional spot portrayed several aspects of the main character, Tony Soprano, and illustrated the complexity of his character as well as the program's plot line by portraying attributes other than violence, including humour Accordingly, the Commission determines that The Sopranos promo did not contain gratuitous violence, nor did it otherwise promote, sanction or glamorize violence.
24. The Commission emphasizes that the determinations set out in the present decision with respect to both promotional spots apply only to the specific broadcasts in question. In the Commission's view, a promotional spot must be judged on its own merits, separately from the television program or television series that the advertising material is promoting. Furthermore, the Commission considers that determinations on such matters must be made case by case, based on the record before it. The Commission could not, therefore, declare the programming content of all promotional spots for a given program, or the programming content of an entire television series, including episodes not yet aired, to be free of gratuitous violence, based only on a consideration of promotional spots or episodes that have already been broadcast. Accordingly, the Commission's determination - that this particular promotional spot for The Sopranos did not contain gratuitous violence, and that it did not otherwise promote, sanction or glamorize violence - applies only to this specific promotional spot.
 

Examination of the adequacy of industry standards

25. The Commission has also considered the complainant's concerns about the effectiveness of industry standards to regulate violence in advertising material and how those concerns apply to the advertising material in question. The complainant submitted that the industry standards:
 
  • fail to regulate gratuitous violence in advertising material;
 
  • fail to require viewer advisories when advertising material with violent content is inserted into non-violent programming; and
 
  • fail to limit the total amount of violence depicted in a programming period by neglecting to consider the violence portrayed in advertising material.
 

Regulation of gratuitous violence in advertising material

 
CTV's response

26.

In response to the complainant's claim that the industry standards fail to regulate gratuitous violence in advertising material, CTV stated that it produces promotional announcements that provide the viewer with a sense of the program being promoted. CTV affirmed that it does "not create a promotional announcement that contains scenes of violence in a gratuitous manner to promote a program that does not contain gratuitous violence."
 
The Commission's analysis and determination

27.

The Commission notes that, in the Television Broadcasting Regulations, 1987 (the Television Regulations), programming is defined broadly as "anything that is broadcast, but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text." Accordingly, under the Television Regulations, advertising material is not excluded from the definition of programming.
28. The Commission considers that the broadcast of any programming, including advertising material, which contains gratuitous violence, is contrary to the objectives of Canadian broadcasting policy set out in the Act. In order for violence to be considered gratuitous, it must not play an integral role in developing the plot, character or theme of the material as a whole. The Commission recognizes that, while most television advertising does not develop a substantial plot line, characters or themes, it often "tells a story", no matter how brief an advertising segment may be.
 

Viewer advisories for advertising material that contains violent content

 
CTV's response

29.

In response to the complainant's concern that there are no viewer advisories for advertising material that contains violent content, CTV submitted that it would be impossible to implement this kind of measure given that most advertising material, including promotional spots, is usually of 30 seconds duration. In CTV's view, inserting a viewer advisory about scenes of violence before a segment of advertising material would not allow sufficient time to prevent a viewer from being exposed to the material.

30.

CTV further contended that on-screen classifications of advertising material, including promotional spots, would not be effective given their brief duration. It added that, since under the current industry standards advertising material is not encoded or classified separately, encoding of promotional spots would have to done manually and would constitute a significantadditional burden to broadcasters, as there may be up to 24 commercials or promotional spots per hour.

31.

CTV nevertheless confirmed that it seeks to ensure that all advertising material, including promotional spots, is broadcast during programs that have a corresponding or higher classification.
 
The Commission's analysis and determination

32.

In its approach to television violence, the Commission has focused on giving the public tools to make informed programming choices for themselves and for their families. There are two tools that can be used by broadcasters to inform viewers about violence in programming: viewer advisories and a classification system for television programs based on V-chip technology.1 In the following sections, the Commission examines the applicability of each of these tools to advertising material, including promotional spots.
 
a) Viewer advisories

33.

The Commission considers that, in order to be effective, a viewer advisory should be aired for a length of time that would allow the average viewer sufficient time to read and understand it. The Commission notes that most advertising material, including promotional spots, are only 30 seconds in length. In the Commission's view, given the brief duration of such material, it would not be practicable for a broadcaster to air viewer advisories before advertising material, or to air more than one advisory. The Commission notes, however, that The Sopranos promodid conclude with a statement warning viewers that the programming is "television for adults - viewer discretion is advised".
 
b) Classification system

34.

In Public Notice 1996-36, the Commission set out its expectation that the broadcasting industry implement a meaningful, "parent-friendly" classification system for television programs that would provide parental control of viewing by means of V-chip technology that is activated by the encoding of programming. Under this classification system, programming would be given a classification to reflect the level of violence portrayed. That classification would then be encoded into the programming and made available to viewers by means of the V-chip technology which would allow viewers to block programming based on its classification.

35.

The Commission specifically expected that classifications be provided for some advertising material, including promotional spots. Public Notice 1996-36 stated:
 

The Commission expects classifications to be applied, at a minimum, to children's programming (programs intended for children under 12 years of age), drama, "reality shows" (reality-based dramatic programs), feature films, promotions for any of these programs and advertisements for theatrical releases.

36.

Subsequently, in Classification System for Violence in Television Programming, Public Notice CRTC 1997-80, 18 June 1997 (Public Notice 1997-80), the Commission approved the classification system developed by the Action Group on Violence on Television (AGVOT), a group that represents all components of the broadcasting industry. In that public notice, the Commission noted that AGVOT's submission had cautioned that a number of issues needed to be addressed before signal encoding and full implementation of the V-chip technology would be possible, and that reliable transmission of encoding data for promotional materials and advertisements for theatrical releases was not possible at that time. The Commission accepted AGVOT's commitment that Canadian broadcasters would provide on-screen program classifications by the Fall of 1997 and expected the implementation of encoding and deployment of the V-chip device to occur as soon as feasible. In spite of AGVOT's stated difficulty encoding promotional materials, the Commission did not exempt those materials from its expectations with respect to classification. AGVOT's classification system is now implemented.
37. In order to achieve the objectives of the Act, and particularly those reflected in the Violence Policy set out in Public Notice 1996-36, the Commission expects broadcasters to encode children's programming, drama, reality shows, feature films, promotions for any of these programs, and advertisements for theatrical releases. Given the brief duration of the broadcasts of promotional spots and advertisements for theatrical releases, and consistent with its approach to viewer advisories for advertising material as noted above, the Commission considers that the use of on-screen classifications would not be an effective tool to advise viewers regarding the classifications of promotional materials and advertisements for theatrical releases. At the same time, the Commission considers that the encoding of promotional materials and advertisements for theatrical releases with classifications, as specifically contemplated in Public Notice 1996-36, is an effective tool to enable V-chip users to block out all unwanted programming.
38. In light of the above, the promotional spots in question for The Sopranos and City Hall should have each been encoded with an appropriate classification. The Commission notes that, while CTV stated that encoding of promotional materials or commercials would impose a significant additional burden, its submission appears to be based on the understanding that all promotional materials and commercials would have to be encoded. In fact, Public Notice 1996-36 only expects licensees to encode promotional spots for the types of programs listed above, and advertisements for theatrical releases, and not for all promotional spots and advertising material.
 

Regulation of the total amount of violence in a programming period

39.

In response to the complainant's claim that the industry standards fail to limit the total amount of violence depicted in a programming period by neglecting to consider the violence portrayed in advertising material, CTV argued that "it would be impossible to create and implement a measurement by which the amount of violence in a given hour could be accurately totalled and compared to a standard." CTV also contended that, in order to be effective, codes must be "universally understandable, measurable, and enforceable according to objective criteria", qualities which are already reflected in the CAB Violence Code. CTV further pointed out that article 3.2 and article 3.3 of the
CAB Violence Code specifically prohibit the broadcast of promotional material and advertising material, which contain scenes of violence intended for adult audiences, before 9:00 p.m.

40.

In the Commission's view, it is more effective and practical to regulate the broadcast of violent content according to its qualitative aspects, such as the severity and the nature of the depiction of violence, rather than the frequency of violent depictions. Such an approach, including provisions regarding the scheduling of violent materials, is prescribed in the Commission's policy on violence set out in Public Notice 1996-36.
 

The Commission's conclusions on the adequacy of industry standards

41.

The Commission recognizes that achieving its objective of protecting children from the harmful effects of television violence, while preserving freedom of expression for creators and choice for adult viewers, is a challenging task, and one that requires a combination of adequate guidelines for broadcasters and satisfactory tools that can be used by viewers. In the Commission's view, the guidelines and requirements set out in Public Notice 1996-36 and the CAB Violence Code provide adequate guidance to broadcasters to ensure that their programming is consistent with the objectives of the Canadian broadcasting policy set out in the Act. Further, the Commission is satisfied with the adequacy of the tools currently in place to regulate violence in programming, including the scheduling provisions and prohibition against gratuitous violence set out in the CAB Violence Code and the classification system developed by AGVOT and approved by the Commission in Public Notic1997-80e. In light of the foregoing, the Commission finds that the current industry standards are sufficient and appropriate to enable broadcasters to address violence in programming, including advertising material, effectively.
  Secretary General
  This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca
  Footnote:
 1V-chip technology enables individuals to set a threshold level of violence that they deem appropriate and will ensure that all programming with a classification above this level will not appear on their television screen.

Date Modified: 2004-07-27

Date modified: