New rules allow greater flexibility

Part two of Xarabank's programme about sexual abuse is expected to be open to younger audiences than the first part, on the strength of new certification rules issued only last week by the Broadcasting Authority.

The editorial board of Public Broadcasting Services is expected to classify the upcoming programme as "16", a week after the first part last week was given an Adults Only rating.

Last Thursday, the BA revised its Family Viewing and Listening Policy and directed television and radio stations to classify programmes using the same criteria adopted for cinema and the stage.

The main change from the previous policy is that stations now have to adopt one the following notices - U, PG, 12, 16 or AO. Previously, programmes were in something of a straightjacket - U or AO.

The rating also has to be shown during the first 30 seconds of every programme and during the first 30 seconds after each break.

Stations could face a maximum fine of up to Lm15,000 if they do not abide by the new regulations, though penalties do not normally exceed Lm150.

PBS manager Sylvana Cristina said the response to last week's Xarabank was positive to the extent that several individuals afterwards called in to request that the AO certificate be reduced - even if many others phoned to protest at the promotion of the same programme.

"We are shouldering the responsibility and pending any last-minute changes to the content we plan to reduce the rating to 16," Ms Cristina said.

Though TV producers agree with the system of ratings - since it provides both presenters and guests with a guideline on speech and graphics - there is often a fine line between the ratings.

Xarabank presenter Peppi Azzopardi insisted on the need for flexibility and said the authorities should realise that the values and beliefs of the past were not necessarily relevant today.

"I can't understand why last week's programme was given an AO rating when the subject affects adolescents to a large extent. I even believe a programme about gay men exchanging wedding vows should have no age limit," he added.

The issue of ratings is clearly subjective and producers will have to perform a balancing act between liberal and conservative viewers without, at the same time, upsetting the authorities.

When contacted, BA chief executive Kevin Aquilina said it is up to the programme producer and the station to rate talk-shows, which have become a staple of everyday broadcasting. It is then up to the BA to establish whether the programme has overstepped the moral boundaries.

"If the subject of the programme is, for instance, of a sexual nature, that usually would be rated AO or 16; if the talk show is discussing religious matters then normally it would be rated Universal," he said.

The authority may warn or fine the station, inflict a suspended fine or even pull the plug of a particular programme for a period of time if it steps out of line.

Dr Aquilina confirmed that the BA regularly receives complaints from the public and even from the Commissioner for Children about programmes deemed unsuitable for children.

Stations are meant to abide by the Broadcasting Code for the Protection of Minors and the Guidelines on Vulnerable Persons, both of which refer to children.

Net TV normally contacts the BA if in doubt over the content of a particular programme, according to Louiselle Vassallo, media manager of Media Link Communications.

"It's in our interest not to cause unnecessary shocks. It's just a cautious measure. I wouldn't say it's censorship because they're not telling us what to put on air, but ultimately it's the parents that should monitor their children," Ms Vassallo said.

Not all countries adopt the same childhood watch criteria, though all European countries have some form of ratings system.

A recent survey in the US showed that 81 per cent of US viewers were worried about children's exposure to some shows - but only nine per cent thought the government should have more control.

The film classification procedure

The procedure is established under regulation four of the Television Programmes (Classification Certificates) Regulations, 1994.

Where the station is found to be in breach of the law it has to publicise the authority's decision on its main news bulletin.

The BA will investigate complaints from the public or on its own initiative where no complaint is filed. The Monitoring Department of the authority will view the television programme or hear the radio programme and, should there be lack of compliance, the attention of the authority's chief executive will be drawn.

If there is a breach of the Family Viewing and Listening Policy, the BA chief executive will issue a charge against the station in question.

If the station does not admit the charge and pay the relative penalty indicated, then the station can contest the charge before the BA.

The authority will hear the views of both the chief executive and the station concerned and will view or hear the television or radio programme, and will arrive at its own decision.

The station may then request the Civil Court to review the authority's decision, should it go against it. Should the BA find against its chief executive, no judicial review of that decision is possible.