Guide to children’s television classification For applicants for C & P programs
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http://creativecommons.org/licenses/by/3.0/au/ With the exception of coats of arms, logos, emblems, images, other third-party material or devices protected by a trademark, this content is licensed under the Creative Commons Australia Attribution 3.0 Licence. We request attribution as: Š Commonwealth of Australia (Australian Communications and Media Authority) 2013. All other rights are reserved. The Australian Communications and Media Authority has undertaken reasonable enquiries to identify material owned by third parties and secure permission for its reproduction. Permission may need to be obtained from third parties to re-use their material. Written requests for permission or enquiries should be sent to: Manager, Editorial Services PO Box 13112 Law Courts Melbourne VIC 8010 T: 03 9963 6968 E: candinfo@acma.gov.au Produced August 2013.
Contents About this guide
1
Key terms
2
Overview of children’s television regulation
3
Children’s programs classifications
5
CTS 6 requirements for C and P programs
7
How to meet CTS 6(a)
8
How to meet CTS 6(b)
10
How to meet CTS 6(c)
11
How to meet CTS 6(d)
12
How to meet CTS 6(e)
14
Assessment procedures
15
Application requirements
17
Other requirements
18
More information
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About this guide
Children’s programs are subject to the ‘criteria of suitability for children’ outlined at standard 6 of the Children’s Television Standards 2009 (the CTS). A program must comply with all CTS 6 criteria in order to obtain a C (children’s) or P (preschool) classification. All C and P programs must be classified by the ACMA prior to broadcast on commercial free-to-air television. The ACMA has developed this guide to help applicants understand how to interpret the CTS 6 criteria for children’s programs and to provide information about the assessment of applications for C and P classification. This guide will also inform applicants of some of the obligations on licensees in relation to children’s programs. Applicants may wish to refer to this guide when developing a program to ensure it meets the requirements of CTS 6. Applicants should also refer to this guide when completing the ACMA B13 form, which requires applicants to explain how their program meets the CTS 6 criteria. More detailed information on the ACMA’s assessment procedures and application requirements can be found on pages 15–17.
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Key terms Term
CTS definition
C period
A period nominated by, or on behalf of, a licensee under CTS 9 during which the licensee will broadcast C programs.
C program
A program that meets the criteria of suitability for children in CTS 6 and has been classified by the ACMA, or a person or body appointed by the ACMA for that purpose, as a C program suitable for children (other than preschool children).
children
People younger than 14 years of age.
licensee
The holder of a commercial television broadcasting licence allocated or renewed in accordance with the Broadcasting Services Act 1992.
P period
A period nominated by, or on behalf of, a licensee under CTS 9 during which the licensee will broadcast P programs.
P program
A program that meets the criteria of suitability for children in CTS 6, and has been classified by the ACMA, or a person or body appointed by the ACMA for that purpose, as a P program suitable for preschool children.
preschool children
Children who have not yet started school.
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Overview of children’s television regulation The Broadcasting Services Act 1992 (the Act) gives the ACMA the power to determine program standards for children’s programming on commercial free-to-air television. The CTS were determined by the ACMA following consultation with the commercial television industry and the public. Compliance with program standards is a licence condition for commercial television broadcasters under Clause 7(1)(b) of Schedule 2 to the Act. The CTS does not apply to the ABC or SBS.
The CTS The CTS regulate the content of children’s programs and non-program material (for example, advertising) during designated children’s viewing times on commercial free-to-air television. The objectives of the CTS are to ensure that children have access to a variety of quality television programs made specifically for them, including drama and non-drama programs, and to protect children from possible harmful effects of television.
Children’s television quotas The CTS require commercial free-to-air broadcasters to broadcast at least 390 hours of C and P television each year. Of the 390 hours, a minimum of 260 hours must be C-classified and a minimum of 130 hours must be Pclassified. These are the C and P quotas. In addition, the Broadcasting Services (Australian Content) Standard 2005 (the ACS) requires that 50 per cent of the C-classified programs must be first-release Australian programs and that all P-classified programs are Australian programs. A summary of the C and P quotas and the ACS requirements for Australian programming is provided in Table 1. Table 1: Summary of C and P quotas and the ACS requirements for Australian programming Classification type
C and P quotas (hours per annum)
Australian programs (per annum)
C
260
50% must be first-release Australian programs
P
130
All P programs must be Australian programs
Refer to the CTS and the ACS for more information about quotas (and sub-quotas) for C and P programs as well as matters relating to the repetition of broadcast of C and P programs.
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When are C and P programs broadcast? Licensees are required to broadcast C- and P-classified programs within a nominated C or P period. Licensees can nominate to broadcast C programs within these periods: >
7.00 am to 8.30 am Monday to Friday
>
4.00 pm to 8.30 pm Monday to Friday
>
7.00 am to 8.30 pm Saturday, Sunday and school holidays.
Licensees can nominate to broadcast P programs between 7.00 am and 4.30 pm, Monday to Friday.
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Children’s programs classifications C and P classifications are used for programs that are made specifically for children. The C classification is given to programs for children (other than preschool children) who are younger than 14 years of age. The P classification is given to programs for preschool children. Preschool children are defined as children who have not started school. There are different categories of C and P classification that can be granted at different stages of program production. Classification can either be provisional or final.
Provisional C and Provisional P classification The Provisional C and Provisional P classifications are intended for applicants who are in the early stages of production and have limited material to lodge for assessment. Provisional classification provides an early indication to an applicant that a proposed program is likely to meet the CTS 6 criteria and could achieve full classification from the ACMA when sought. Provisional classification is not a guarantee that a program will subsequently receive either C or P classification. A program with a Provisional classification cannot be broadcast as a C or P program.
C and P classifications Final C and P classifications are intended for applicants who are in advanced stages of production or are producing Australian children’s drama and have the required number of scripts. Programs granted C or P classification—including C Drama (on completed program) and C Drama (at pre-production stage)—can be broadcast and count toward the licensee’s minimum annual quotas for children’s programming.
Types of C and P programs Programs granted C and P classification are diverse in nature and can include drama and non-drama programs in a variety of live action, animation or puppetry formats. Types of non-drama programs include magazine programs, game shows and variety programs. A summary of the categories of classification and types of C and P programs is provided in Table 2.
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Table 2: Categories of classification Classification type
What stage of production?
What type of program?
Is this a final classification?
Provisional P
For programs at an early stage of production—such as first draft scripts
For all types of programs targeting a preschool audience, drama and non-drama
No
Provisional C
For programs at an early stage of production—such as first draft scripts
For all types of programs targeting children under 14 years (other than preschool children), drama and nondrama
No
P
For programs at an advanced stage of production—such as a broadcast quality pilot episode
For all types of programs targeting preschool children, usually used for game shows, magazine and variety programs
Yes
C
For programs at an advanced stage of production—such as a broadcast quality pilot episode
For all types of programs targeting children under 14 (other than preschool children), usually used for game shows, magazine and variety programs
Yes
C Drama (on completed program)
For completed drama programs
For drama programs targeting children under 14 (other than preschool children)
Yes
C Drama (at pre-production stage)
For programs at the pre-production stage—at least second draft scripts
For drama programs targeting children under 14 (other than preschool children)
Yes
Different categories of classification are subject to different application requirements. More detailed information about the application requirements is on page 17.
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CTS 6 requirements for C and P programs i
Relevant section of the CTS CTS 6 Criteria of suitability for children
C and P classification is based on criteria contained in the CTS and ACS. The ACS includes specific criteria that a C, P or C Drama program must meet in order to qualify as an Australian program. To be eligible for C or P classification, all program applications for Provisional or full C or P categories must meet each criterion set out at CTS 6. CTS 6 states that a children’s program is one which: (a) (b) (c) (d) (e)
is made specifically for children or groups of children; and is entertaining; and is well produced using sufficient resources to ensure a high standard of script, cast, direction, editing, shooting, sound and other production elements; and enhances a child’s understanding and experience; and is appropriate for Australian children.
These criteria are discussed in detail in the following chapters. The classification of a program under the CTS is valid for five years after the date on which it was given or last renewed.
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How to meet CTS 6(a) Is made specifically for children or groups of children
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C or P classifications are granted to programs that demonstrate they are designed specifically for the child audience. Programs ‘made specifically for children’ are those conceived, developed and produced with a specific age group in mind. Whether or not the program includes child characters, C and P programs must convey a child’s perspective and deal with themes that are of interest to the target age group.
‘Groups of children’—targeting particular age groups C and P applicants seeking to meet CTS 6(a) should identify the particular age group their program targets. Children in the P age group are children who have not yet started school. Children in the C age band are made up of three broad overlapping age groups, which are identified in Table 3. 1 Table 3: C age band Early C
Middle C
Late C
Children aged 5–7 years
Children aged 7–11 years
Children aged 10–13 years
These age groups reflect broad developmental stages, as well as the changing social contexts of children’s lives during that period. The phrase ‘or groups of children’ in criterion 6(a) means a C program does not have to cater for all of the age groups across the C age band and can target Early C, Middle C, Late C or a combination of any two adjacent age groups. It is unlikely that any one program will cater for the needs and interests of the entire C age band (5–13 years). It is important that applicants understand the age group that their program targets so that the content is appropriate and relevant to that specific age group. In some cases, the program may also be of interest to another age group. For example, children like to ‘view up’ and a program targeting the Middle C audience may also be of interest to the Early C audience. More information about ‘viewing up’ is provided below.
The concept of the three ‘age groups’ within the C age band is based on comments prepared by Kevin Durkin in Understanding today’s child audience: comments prepared for the Australian Broadcasting Authority, 2002.
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How can I ensure my program is made specifically for children? When assessing programs, indicators of whether a program is made specifically for children may include the following: > children are the central focus in the program > child characters behave according to their ages > where a program does not include children, it deals with issues and themes of interest to children, and conveys the child’s perspective > the action and themes are ‘child-driven’.
How can I ensure my program meets the needs of a target age group? When assessing programs, some indicators that are useful for determining age specificity for C and P programs are: > the main characters are the age of the children in the targeted age group > the issues and themes are dealt with in a way that is appropriate to the targeted age group (especially if the main characters are outside the targeted age group) > the content and production techniques take account of the developmental stage and vulnerabilities of the target age group > the language of the C or P program is capable of being understood by the target age. However, language should not be overly simplistic or poorly articulated. ‘Viewing up’ Children are curious about their world. While they enjoy programming designed for their age range, they also ‘view up’ and watch programs that are intended for older viewers. The overlap in the C age groups reflects this tendency—it is possible that a program may be suitable and appeal to more than one C age band. However, a program designed for a 13-year-old may not be suitable for a six-year-old, and vice versa. This is particularly relevant to children in the 10–13 years age band, who are a distinct group within the child audience. Children in this age band (also known as ‘tweens’) have more sophisticated viewing needs as a result of their developmental status and proximity to adolescence. Programs targeted at this age group may deal with a range of adolescent topics, including personal relationships. However, the depiction of these issues must be in a manner that conforms to the requirements of CTS 6.
C and P programs reflect a child’s point of view and meet the needs and interests of the target age group.
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How to meet CTS 6(b) Is entertaining All children’s programs should be engaging and entertaining for the child audience. Providing exclusively educational programs is not the aim of the C and P concept.
Drama programs Indicators of an entertaining children’s drama may include: > a good story > humour > unpredictability > a pace appropriate to the style of storytelling and that maintains the audience’s interest > a contemporary visual style.
Non-drama programs While non-drama programs—such as game shows and magazine programs—do not necessarily involve storytelling, they also need to engage and entertain the child audience. The same indicators used for a drama program (listed above) can be used for demonstrating that a non-drama program is entertaining.
One of the aims of C and P programs is to entertain children.
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How to meet CTS 6(c) Is well produced using sufficient resources to ensure a high standard of script, cast, direction, editing, shooting, sound and other production elements
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The quality objective of this standard is the skilful and professional use of sufficient resources in all areas of production. This includes: > initial research of the concept, style and target audience > scripting > final on-screen presentation. In addition to a high standard of scripting, casting, direction and post-production elements, a well-produced C or P program maintains the child perspective and meets the viewing needs of a contemporary child audience. This is achieved by understanding the emotional, intellectual, social and other characteristics relevant to specific age groups of children (see CTS 6(d) for more information). Program content should engage and sustain the child audience, and focus on issues and themes that are of interest to children. Scripts that are underdeveloped, derivative or focus on adults and adult issues are unlikely to achieve this.
For a C or P program to be successful, it requires sufficient resources and high production values.
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How to meet CTS 6(d) Enhances a child’s understanding and experience
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C and P programs should add to children’s experience and their understanding of the world around them. This can be achieved by exploring themes and activities relevant to the child audience. Producers of C and P programs should understand the developmental characteristics of specific age groups of children and create programs that address the needs of the children in those age groups. The child audience at a glance The P audience: > tends to have short-term focus and can appreciate simple sequences of related events. The C audience: > 5–7 years—tends to be attached to the ‘here and now’. > 7–11 years—has more developed logical abilities and a broader range of interests and knowledge. Is also focused on relatively concrete events and activities. > 10–13 years—is becoming more interested in the adult world, and in areas and issues of varying degrees of sophistication and complexity.
Important themes in C and P programs In drama programs, an exploration of relevant themes may include: > friendship > family relationships > school > peer pressure > role models > emotions > caring for animals and pets. In non-drama programs—such as game shows and magazine-style programs—an exploration of relevant themes may include: > participation > cooperation > teamwork > learning about interesting things from the outside world. While no topic is taboo, great care needs to be taken in the way sensitive topics are handled. Some issues at odds with criterion 6(d) include: > superficial coverage of things of concern to children > role models who do not reflect contemporary life > gratuitous use of violence and dangerous practices.
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C and P programs can enhance the understanding and experience of children by reflecting their lives and exploring their interests.
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How to meet CTS 6(e) Is appropriate for Australian children
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The Australian child audience is diverse and enjoys a variety of programs, including Australian and overseas productions. Programs produced outside Australia may be eligible for C classification; however, all Pclassified programs must be Australian according to the requirements in the ACS. Quality overseas programs can be enriching for Australian children by exposing them to a variety of cultures and new information. Examples of topics and themes that are relevant for Australian children include: > the coverage of specific cultural events and customs in drama programs > an exploration of unfamiliar animals and geography in magazine programs > the introduction of different dishes and foods in cooking segments. However, the content and language needs to be comprehensible to Australian children, and not so far removed from their experience that they would have difficulty understanding it. Some instances where overseas programs have not met criterion 6(e) are those that have: > used dialects that are difficult for the Australian child audience to understand > emphasised social values that hACMAave different significance in Australian society > stereotyped messages or role models in an inappropriate way for Australian children.
The child audience in contemporary Australia is a diverse, multi-cultural audience that enjoys a wide television experience, including quality overseas children’s programs. See ‘Assessing children’s programs’ on the ACMA website for more information about criteria for a children’s program.
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Assessment procedures All C and P programs must be assessed and classified by the ACMA before they are broadcast on free-to-air commercial television. In cases where further advice is necessary, the ACMA requests specialist advice from independent ‘peer’ consultants from the production industry and/or child development consultants. All new programs submitted for Provisional P and P classification are sent to specialist consultants before final assessment. These consultants are usually early childhood/child development experts and, on occasion, either production or script assessment experts. In some cases, the ACMA may seek a consultant’s advice for C applications.
How long does classification take? C and P applications are assessed within 60 days.
Can I consult with the ACMA about my program?
Applicants can seek informal feedback from the ACMA about storylines and script issues prior to submitting their application. However, the ACMA is not resourced to provide detailed informal feedback. More detailed feedback can be provided after the ACMA receives a formal application for classification. The Provisional C and Provisional P classification categories are designed to allow formal feedback from the ACMA at an early point in the production process. When possible, the ACMA will discuss its preliminary assessment of a program with the program producer in an effort to resolve any perceived problems.
Does a C or P classification mean my program complies with all aspects of the CTS?
The ACMA makes its classification decisions on C and P programs on the basis of whether or not a program meets the requirements at CTS 6. This decision does not assess the program’s compliance with other aspects of the CTS, such as restrictions on advertising material. As classification decisions are made on the basis of sample material, the ACMA is unable to determine whether or not a program will comply with other provisions of the CTS. The ACMA does not classify or provide advice about advertisements broadcast on commercial free-to-air television. Free TV Australia provides classification and information services to advertisers, agencies and production houses for television commercials.
What happens if classification is refused?
If a program is refused classification under the CTS, the ACMA gives the applicant a statement of reasons for its decision. The statement sets out those areas where the program failed to meet the criteria against CTS 6. Programs refused classification can be resubmitted but the applicant must make an effort to address the reasons the program failed CTS 6, as set out in the statement of reasons.
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How do I resubmit a (failed) program for classification? If a program was previously refused classification by the ACMA, a completely new classification application is required for the program.
Can I seek a review of an ACMA decision?
If an applicant wishes to seek a review of an ACMA decision, a mechanism is available through the Federal Court under the provisions of the Administrative Decisions (Judicial Review) Act 1977. See ‘Assessing children’s programs’ on the ACMA website for more information about assessment procedures for C and P classification.
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Application requirements Applications for classification of children’s programs are made on the ACMA B13 form. The application form and tables 1–3, which list the application requirements for each classification category, including for renewal of classification, are available at ‘Assessing children’s programs’ on the ACMA website.
Do I need to provide hard copies?
To support an application for P classification, the ACMA requires three hard copies of all materials (for example, ACMA B13 application form, scripts, outlines, DVDs). For all other applications, only one hard copy of application materials is required. However, ACMA staff may request additional copies of this material if there are issues that require consideration by qualified consultants. Information about submitting material is in the ACMA B13 form.
Do I need to provide soft copies?
For all classification categories, an electronic copy of application materials should also be provided on disk or emailed to Australiancontent@acma.gov.au.
How close to the final program does the sample material need to be? Sample program material submitted for assessment, whether scripts or completed episodes on disk, needs to be ‘true to type’ of all other episodes in the program.
In cases where the completed program is not consistent with the sample episodes submitted as part of assessment for classification, the ACMA has the power under CTS 15(3) to revoke the classification. See ‘Assessing children’s programs’ on the ACMA website for more detailed information about application requirements.
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Other requirements While the focus of this guide is the CTS 6 classification requirements for C and P programs, applicants may wish to consider other matters covered by the CTS. These include requirements on the protection of children from unsuitable and potentially harmful program and advertising material. No advertisements can be broadcast during P periods and limitations are placed on nonprogram material broadcast during the C period. The protection provisions are set out in Part 3 of the CTS and regulate areas such as the use of premium offers in advertising, the use of popular characters and personalities in advertising, program promotions, prizes, competitions and advertising of alcoholic drinks. Licensees are required to ensure that all material broadcast during C and P periods complies with all requirements of the CTS. See ‘Children’s Television Standards 2009’ on the ACMA website for more information on the protection provisions within the CTS.
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More information The Children’s Television Standards > Legislative instrument—www.comlaw.gov.au/Details/F2012C00061
About the Children’s Television Standards > Go to www.acma.gov.au/Industry/Broadcast/Television/Childrens-TV
General > Go to www.acma.gov.au > Follow us on www.twitter.com/acmadotgov > ‘Like’ us on www.facebook.com/acmadotgov > View us on www.youtube.com/user/acmadotgov
Contact > The ACMA at www.acma.gov.au/theACMA/About/Corporate/Structure-andcontacts/contact-the-acma-acma > The ACMA’s C and P classification staff at Australiancontent@acma.gov.au
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