Development of the National Broadcasting Code for the Republic of Trinidad and Tobago

The Telecommunications Authority of Trinidad and Tobago (‘the Authority’), established on July 5^th 2001, is an independent regulatory body responsible for the liberalisation and the regulation of both the telecommunications and broadcasting sectors in Trinidad and Tobago. The development and promulgation of a Broadcasting Code are prescribed in Section 79 of the Telecommunications Act No 4 of 2001, which also mandated the establishment of the Authority. The Act states the following:

“(1) Subject to this Act, the Authority shall, within a year of its establishment, by Order subject to affirmative resolution of Parliament, promulgate a Broadcasting Code to regulate the practices of concessionaires of broadcasting services.

(2) In the course of developing a Broadcasting Code, the provisions of section 78(3) shall apply mutatis mutandis.

(3) The Authority may, by Order, amend the Broadcasting Code, subject to affirmative resolution of Parliament.”

The Broadcasting Code applies to the transmission of audio, video and text broadcasts via any medium, whether “free to air”, subscription based, or the Internet.

Enshrined in the Trinidad and Tobago Republican Constitution, are a number of rights and freedoms that guide the maintenance of this country’s democratic process. Among these are the “freedom of thought and expression” and “freedom of the press”. The Broadcasting Code does not seek to abrogate, abridge or authorise the abrogation, abridgement or infringement of these freedoms. The Broadcasting Code, like the National Policy on Broadcast and the Broadcasting Industry, seeks to ensure the healthy development of Trinidad and Tobago’s dynamic broadcasting sector which meaningfully contributes to our economic, social and cultural development. The provisions of this Broadcasting Code therefore, should not be construed as preventing or impeding the broadcast of the wide range of material necessary to help broadcasters fulfil their obligations and to operate in the public interest and be viable corporate entities. The challenge to the broadcaster would now be to determine how to cater suitably for the complexities of human behaviour in our multi-ethnic, multi-cultural, and multi-religious society within the parameters of the Broadcasting Code.

Over the last decade this country’s broadcasting sector has been undeniably transformed, primarily as a consequence of rapidly evolving information and communications technologies, fuelled by the market forces of a globalised environment. The broadcast media, including radio and television, in Trinidad and Tobago and indeed worldwide, are potent and dynamic cultural platforms that allow for the interactive exchange of ideas and information between broadcasters and the general public. Arguably, no other form of telecommunications has as much impact upon the psyche of the average individual as broadcasting.

The broadcasting industry in Trinidad and Tobago operates in a democratic society, where the rich diversity of its people should be a source of pride. These virtues can contribute to the building of an enviable democracy. Positive discussions on our radio and television stations on issues such as race, religion and politics as well as programmes and broadcasts, that deal with real life issues such as rape, violence and relationships can aid in shaping social consensus on acceptable behaviour and introducing positive values. Unfortunately, there has been the persistent dissemination of offensive information in some of the local broadcast media which denigrates and humiliates various sections of our national community, and may prompt negative inter-group perspectives and stereotyping and may even incite violence. This can, over time, lead to the erosion and ultimate collapse of our democracy.

Cognisant of the need to guide and encourage broadcasters to develop and transmit programmes directed towards advancing the cultural, social and educational aspects of our communities and, by extension, the wider national community, the Government of the Republic of Trinidad and Tobago (GoRTT), through the Telecommunications Authority of Trinidad and Tobago is proposing to develop the National Broadcasting Code in collaboration with the general public. The document gives broadcasters and the general public an understanding of the factors which should be taken into account when making editorial judgements.

The Authority is of the view that broadcasters should respect and value the diversity that exists in the society and, as such, must not only support all efforts and activities that redound to social peace and mutual respect among its constituent groups, but should also not engage in any activity which may directly or indirectly lead to a breakdown in societal harmony. Broadcasters are required to exercise the utmost responsibility and diligence when deciding upon the content of the material to be broadcast, and the manner of interaction with the public. They should provide coverage of public events consistent with the needs of an informed and enlightened citizenry. The treatment of such events must serve to provide adequate and informed coverage.

Television provides a valuable forum for the expression of responsible views on public issues of a controversial nature. The responsibility of the television broadcaster is to seek out and develop with individuals, groups and organisations, programmes relating to controversial public issues of importance, and to give fair representation to opposing sides of issues which affect the life or welfare of the national community. Programmes devoted to the discussion of national public issues and events should not be presented in a manner which may mislead listeners or viewers to believe that the programme is purely of an entertainment, news, or other nature. Similarly, statements of station opinion are to be appropriately distinguished from news or any other programme material. Broadcasts in which the opinions of stations are expressed on issues of general public and national interest must be clearly identified as editorials.

Ultimately, editorial responsibility lies with the broadcasters themselves. However the Broadcasting Code draws attention to specific issues on which it offers clear guidance. The Broadcasting Code provides a set of principles and rules for broadcasters to interact with the general public in a manner which is acceptable to the national community.

The Authority will respond to registered complaints and concerns from the listening and viewing audiences and subscribers as they pertain to this Broadcasting Code and substantiated breaches thereof, and will apply graduated sanctions where deemed appropriate. The procedures to be employed in effecting such sanctions shall be transparent, and consistent with the nature, degree and number of complaints.

The Authority recognises that audience expectations are varied. Yet, in fulfilling the expectations of a varied audience, broadcasters should do so in a manner that is acceptable to the national community, and be guided by the Broadcasting Code in formulating their own codes or guidelines.

2 The Broadcast Code

The Broadcasting Code of the Republic of Trinidad and Tobago is as follows:

2.1 Definitions

2.1.1 The “Authority” means the Telecommunications Authority of Trinidad and Tobago.

2.1.2 The “Broadcasting Code” hereinafter referred to as “the Code” means the rules for regulating broadcasting in the Republic of Trinidad and Tobago.

2.1.3 “Broadcasting Service” means the offering of the transmission of programmes, whether or not encrypted, by any means of telecommunications, for reception by the general public, local and international, including sound, radio, television and other types of transmissions, such as those on a point to multipoint basis.[1]

2.1.4 “Broadcaster” means an individual or company who provides and/or enables the provision of a “Broadcasting Service” in the Republic of Trinidad and Tobago.

2.1.5 “Telecommunications” includes the transmission, emission, or reception of signals, writing, pulses, images, sounds, or other intelligence of any kind by wire, wireless, optical or electromagnetic spectrum or by way of any other means.1

2.1.6 “Pornography” means sexually explicit pictures, writing or other material whose primary purpose is to cause sexual arousal.

2.1.7 “Explicit” in relation to sexual acts means portraying or depicting the act in a manner which exhibits the genitalia of the participants.

2.1.8 “Indecent” means offending against socially acceptable standards.

2.1.9 “Obscene” means offensively or repulsively indecent.

2.1.10 “Profanity delay” is a facility that affords the broadcaster the ability to edit obscene or offensive material prior to broadcast.

2.2 Taped Recordings of Programmes Broadcast

2.2.1 Broadcasters must provide within 48 hours of a written request by the Telecommunications Authority of Trinidad and Tobago, unedited audio and/or videotaped recordings and transcripts of any programme, transmitted by the broadcaster’s station.

2.2.2 Broadcasters shall be required to keep a manual and electronic log of actual and planned programme broadcasts for a minimum period of fourteen (14) days. Thereafter, planned and actual programme logs can be electronically stored and archived.

2.3 Provision of Help Lines

2.3.1 Broadcasters shall provide information to the public on existing and relevant help lines, prior to and after transmitting programmes identifying abuse and portraying individuals as victims of any form of abuse.

2.4 The Child Audience

2.4.1 The child audience covers a wide age range (as identified by the Children Act). Some children’s programmes or news programmes may contain offensive or disturbing material. Parents or guardians must be given the opportunity to make informed judgements about the programmes to be viewed.

· Broadcasters have a clear duty to give sufficient information about the nature and content of programmes to allow parents and guardians to make an informed judgement on a programme’s suitability for their children to view or hear. Such information shall, in the case of any feature film broadcast via television, include as a minimum such rating or classification given to such film under the relevant legislation in force from time to time, or in the absence of such classification or legislation or where such notification is made impracticable by the broadcast (for example the re-broadcast of unedited international channels on subscription television) a classification issued by any body (whether situated in Trinidad and Tobago or not) whose classifications have been approved by the Authority for this purpose.

· Broadcasters are not permitted under any circumstances to broadcast or transmit at any time of day or night any material which depicts or contains explicit scenes of intercourse or other sexual activity.

2.4.2 Parents must be confident that their children can view or listen to programmes without the risk of being exposed to disturbing or offensive material.

Broadcasters shall not transmit disturbing or offensive material before 11:30 pm.

2.4.3 Television and radio programming, which starts at 11:30 pm and lasts until 5.30 am, will be viewed as a scheduling marker to distinguish clearly between programmes intended to be suitable for family viewing and those intended primarily for adults.

Broadcasters shall only be allowed to transmit mature audience rated material between 11:30 pm and 5:30 am.

2.4.4 Some footage contained in news programmes may be unsuitable for child audiences.

Broadcasters shall provide suitable effective parental warnings before the broadcast of disturbing or offensive material during news programmes.

2.4.5 Programmes transmitted via cable and licensed satellite are viewed by a very wide child audience who should not be exposed to programmes containing disturbing or offensive material.

Cable and licensed satellite services shall operate by the standard 9:00 pm to 11:30 pm time frame for the airing of children’s material and 11:30 pm to 5:30 am for mature material for all channels.

2.4.6 Pay Per View services give subscribers greater choice over what they may choose to view. While these services have stricter access systems the programmes shown must also conform to the Code.

Operators of Pay Per View services shall ensure that their films or programmes conform to the principles set out in this Code.

2.4.7 Children are exposed to radio broadcasts, especially during breakfast programming and school broadcasts and as such they must not be exposed to disturbing or offensive material.

Broadcasters shall exercise sensitivity at all times when children are more apt to listen to radio programmes. Broadcasters are therefore required to clearly identify programming unsuitable for child audiences.

2.4.8 News bulletins and documentary programmes are now part of the day-long output of many broadcast services. At certain times of the day, large numbers of children are viewing or listening. Although documentary programmes may be seen to have greater licence, similar considerations must apply.

In airing news bulletins and documentaries, broadcasters shall exercise discretion over what is transmitted at different times of the day and provide appropriate warnings as identified within the Code.

2.4.9 There should be no justification for the broadcast of intrusive material about children, even if children and their families have been fully briefed and given their consent beforehand.

Broadcasters shall not air material containing intrusive material about children without written consent from their parents or guardians (as identified in the Children Act). Even so, broadcasters shall exercise extreme caution when including this material in programmes.

2.4.10 The Authority is concerned about the use of obscene and abusive language especially by those whom children look upon as role models, for example, sporting and entertainment personalities.

Broadcasters shall not subject the audience to the use of obscene language by anyone, in their material, particularly before 11:30 pm.

2.4.11 In reporting certain kinds of crimes, such as sexual assaults or incidents involving children, the time of transmission and protection of the children involved must be taken into account and the degree of explicit detail matched to the probable presence of children listening or viewing. Children should be protected from any psychological trauma. Steps should be taken to minimise psychological trauma on a child.

Broadcasters shall draw a definitive line as far as possible between what is required for accurate reporting and what may result in engendering unjustified fear.

Programme Repeats, Trailers and Advertisements

2.4.12 Trailers come upon audiences without warning, so that individuals cannot make informed choices about whether or not to be exposed to them.

Broadcasters shall ensure that trailers that contain material unsuitable for children are broadcast only between 11:30 pm and 5.30 am.

2.4.13 Similarly, advertisements also appear without warning and can have the power to surprise and shock an audience which cannot selectively screen them out. There must be advertised cautions to surrounding programmes and any juxtaposition that might cause offence – especially in relation to programmes which appeal to children.

Broadcasters shall ensure that the content and style of an advertisement are suitable for the time of its transmission and likely audience in accordance with the Code.

Incest and Child Abuse

2.4.14 Where a programme takes incest or child abuse as its theme, there should be particular awareness of the relative ease with which some people, including children, may identify characters or actions with their own circumstances.

Broadcasters shall ensure that material for broadcast that takes incest or child abuse as its topic or theme, is accompanied by a clear warning of the programme’s content; sensitive scheduling and labelling are also required as identified in this Code.