BCCSA ruling could complicate content rating system

The BCCSA responded to a complaint by a viewer to Dave Attell: Captain Miserable - a one-man stand-up comedy show which formed part of an HBO Comedy festival broadcast on M-Net on 6 July 2010. The complaint centred upon an apparent description of sexual abuse of children by the comedian.

"Took the necessary precautionary steps"

The commission found that M-Net "took the necessary precautionary steps" to ensure that its audience realised the content of the show would not be suitable for all audiences, firstly by slapping a content ranking on it of 18L (meaning the moral guardians review board believes that anybody under 18 are prohibited from watching this programme as it contains extreme language), and by broadcasting it after 10 at night, which the BCCSA considers a post-watershed hour.

The BCCSA also acknowledged that the Broadcasting Code and the Subscription Broadcasting Code exempted drama (including satire and sarcasm), art, documentaries and scientific material from the proscription of child pornography.

While it did not uphold the complaint against M-Net, the BCCSA did add the following to its judgement on the case, which seems to suggest a move to further complicate the current content rating system:

"The Tribunal observed that the 'L' for language would not always be sufficient to inform viewers of crude language which also has a sexual content," the BCCSA tribunal ruled. "The 'S' advisory could also have accompanied the present broadcast. M-Net, however, provided the Tribunal with the bona fide explanation that the Film and Publications Board does not, in its guidelines, include sexual description within the 'S' category. In future, it would be wise for broadcasters to include a 'S' also in instances such as the present [emphasis added]. The show contains several crude sexual references."

Would be overkill

M-Net currently classifies extreme violence with a V, sex with an S, nudity with an N, prejudice with a P and extreme language with an L. Since comedians often touches on all the points society finds taboo, they are often ranked with an L, and an 18L would certainly indicate a show is not suitable for very young or squeamish viewers. Adding a rating such as 18SNVLP at once would be overkill, as well as drawing a substantial and hugely disappointed audience.

Parents are already empowered to block viewing by age group suitability on M-Net (R18 classifications, 18 and R18 classifications, 16 classifications and higher, 13 classifications and higher).

Bureaucrats like to believe they are tasked with protecting the public from itself. While most members of the public will acknowledge the value of a rating system, commissions such as the BCCSA should take care not to over-regulate or complicate the system. More rules do not guarantee more effective protections.