In television, the term watershed (alternatively referred to as safe harbor in the United States, and as adult time in Venezuela) denotes the time period in a television schedule during which programs with adult content can air.
Much as a watershed in hydrology refers to "the ridge or crest line dividing two drainage areas", a television watershed also serves as a dividing line – it divides the time between where content for families and/or children has to be aired, and where content aimed towards an adult audience can be aired (there is no obligation to). Examples of adult content include, but are not limited to, graphic violence, horror, strong language, nudity, sexual intercourse or reference, drug use, and/or sexually suggestive themes. In most countries, the same set of rules also apply to commercial advertisements (whether it be the way the commercial was produced or an advertisement for an adult product, such as condoms).
Due to cultural differences around the world, watershed times can vary (for instance, in New Zealand, the watershed time is at 20:30, and in Italy, the watershed time is at 22:30). Some countries also have multiple watershed layers, where less inappropriate content than others may be allowed at an earlier time but may still be restricted. In addition, some countries may be more lenient towards subscription or pay-per-view channels than towards free-to-air channels.
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According to COMFER, the watershed starts at 22:00, and finishes at 08:00 the next morning.
On Australian television, programmes are restricted to certain times based on their rating. PG rated programmes can be shown between 08:30 and 16:00, as well as later than 19:00, M rated programmes can be shown from 20:30, and MA programmes from 21:00. As well as this, M rated programmes can also be shown on from 12:00 to 15:00 on school days.
AV15+ is a television specific variation of the MA15+ rating indicating the program contains "Adult Violence" and programs given this rating are not allowed to be screened before 21:30. As such, most MA15+ programs generally begin after 21:30.
Due to complications with Australian time zones, this can vary slightly in some areas. For example, when daylight saving time is in effect in New South Wales, NSW-based stations broadcasting to the Gold Coast, Queensland would effectively push the broadcast watersheds an hour earlier, as Queensland does not observe DST; however, complaints by Gold Coast residents have force those stations to delay prime-time programming by one hour to compensate.
With the exception of subscription narrowcast channels, anything rated R18+ must not be shown on Australian television at any time, and must be edited to fit within MA15+ or AV15+ guidelines. Even on subscription narrowcast channels, the owner of the channel must ensure that its content is restricted to access by those with appropriate disabling devices.[1]
In the main German-speaking countries, the watershed is between 22:00 and 05:30. However, programmes marked "Keine Jugendfreigabe" (not approved for minors) under FSK may only be shown after 23:00.
According with the new rules of the Ministry of Justice's Department of Justice, Rating, Titles and Qualification, 16-rated content is only allowed between 22:00 and 06:00, and 18-rated shows cannot be screened until 23:00. The ratings, however, are administered by the television networks themselves, which are responsible for rating their shows, which means that the department acts merely as content controller, acting after the inappropriate content for children has already been aired (as it happened with Rede Globo's Duas Caras). Self-censorship is not uncommon, such as when the head of Rede Record edited all sex scenes in the telenovela Poder Paralelo, which could air such scenes, once it was broadcast after 22:00. This generated controversy, since violent scenes remained untouched.
The watershed is between 21:00 (9:00 PM) and 06:00.[2] Sexually explicit content, offensive language and other adult material is not allowed outside the watershed.
In Czech Republic, programmes that "can be watched by children" must air until 22:00. After 22:00, adult-orientated programmes may air.
In Finland, all the major television companies (YLE, MTV3 and Nelonen Media) have agreed not to show 11 rated content before 17:00, 13 rated content before 19:00, 15 rated content before 21:00 and 18 rated content before 23:00. However, unusally for a European country, pornography can be broadcast on television in Finland, but can only air on subscription or pay-per-view channels and is only allowed between midnight and 05:00. Television channels use their own discretion to decide the ratings. However non-sexual nudity itself is not grounds for a mature rating.[3]
In France, -12 rated programs/films are not allowed before 20:00, and -16/-18 rated programs/films are not allowed before 22:00 and 22:30 respectively. -18 rated programs/films can only air via satellite and cable. The watershed for all ratings finishes at 06:00 the following morning.
There is also one additional rating that is not used in films; -10. -10 rated programs signifies content less intense than -12 rated programs. Programs and films that are rated -12 or higher must display the respective icon on-screen for the duration of the program. -10 rated programs must display the respective icon on-screen at the start and in regular intervals.
Greece uses a triple-tier watershed, along with a five-tier color-coded decal scheme, displayed in the beginning and in regular intervals during all broadcasts except for news bulletins.
The color-coded ratings are mandatorily displayed and verbally announced at the beginning of each broadcast. These provisions are enforced by the National Radio and Television Council (ESR), an independent authority, the executive members of which are appointed by the leaders of all parliamentary parties, preferably by unanimous consent and in extremis by an 80% supermajority.
The watershed in Ireland starts at 21:00 and finishes at 05:30 the next morning.[4] On premium or pay-per-view services, the watershed starts at 20:00. There is no watershed on PIN protected channels (such as Sky Movies). On this type of channels, trying to view adult material before 20:00 will require a PIN.
On RTÉ channels, with the exception of RTÉ News Now, there is also a rating system on top of the basic watershed system. This is used to help parents, guardians and foster carers prevent children from watching anything inappropriate. The rating is displayed on-screen for 20 seconds and then disappears. However, only "MA" rated programmes are restricted, and "MA" rated programmes are legally only allowed to air between 21:00 and 05:30.[5]
According to Codice TV e minori (Code for Children and Television, 2002[6]), all the channels must broadcast "general audience" programmes from 07:00 to 22:30, and programmes "directed to children and adolescents" only from 16:00 to 19:00. After 22:30, +14 programmes can be aired. +18 programmes are prohibited from television altogether.
On free-to-air channels (but not those on satellite) programming rated Adults Only is only allowed between 20:30 and 05:00. Adults Only programming is also allowed to air between midday and 15:00 on school days (this situation is probably unique to New Zealand). Sports programming and news bulletins are exempt from the system altogether, but do still carry warnings before certain stories.
Poland uses a double-tier watershed system, as well as five age ratings. All age ratings must be displayed throughout the whole of the program, with the exception of commercial breaks and news bulletins. The ratings are "All" (indicated on-air by a smiling face), "7", "12", "16" and "18".
The number in the age rating indicates the lowest age for which it is suitable.
Open channel terrestrial TV stations (RTP, SIC and TVI) can only broadcast programs and movies rated 16 or 18 between 23:00 and 06:00. On cable TV however there are no restrictions of broadcasting, except pornography which cannot be broadcast at all without encrypted signal, requiring an IRD to be seen.
South Africa takes a very hands-on approach when it comes to what children are allowed to see on television, and the parents or guardians of the child may be fined if they are caught not following the rules. The ratings used are:
In Spain, the watershed is simpler than a lot of other countries as there is only one watershed time, but there is a quadruple-tier age rating system that is used alongside it. The ratings used in Spain are "All", "7", "13" and "18". However, only 18-rated programmes are restricted. 18-rated programmes are only allowed between 21:00 and 07:00, and are required to broadcast a verbal warning before it is shown.
Switzerland has no watershed. However, broadcasters are required by law to avoid any confrontation of minors with unsuitable programming through the choice of transmission time.[7]
According to Ofcom, the watershed on free-to-air television in the UK is between 21:00 and 05:30[8], while premium or pay-per-view services are allowed to start the watershed at 20:00. Until 1 October 2011, the watershed closed at 05:30 for the premium channels just like it still does for the free-to-air channels. But on 1 October 2011, the watershed rules for the premium channels had been relaxed and it now ends at 06:00 for the premium channels. Programmes that are rated 15 cannot be shown outside this period. However, some 12-rated shows can be shown before 21:00, such as The Simpsons, Malcolm in the Middle, Doctor Who, and Futurama. There is no watershed on PIN protected channels (such as Sky Movies). On this type of channels, trying to view adult material before 20:00 will require a PIN.
There should be a gentle transition to adult material,[9] and 18-rated content must not air until 22:00 on most channels that are without PIN protection. However, channels that are dedicated to airing adult content such as Horror Channel may be allowed to start 18-rated content at 21:00 without PIN protection. R18-rated material is not allowed at all, and must be edited to fit 18-rated content guidelines if shown on television.
A notable breach of the watershed was in 1976, during a live interview on Bill Grundy's Today show, when members of the Sex Pistols uttered swear words at Grundy after being provoked into doing so. A more recent breach of the watershed was during the 2007 series of Celebrity Big Brother, where alleged racist comments were made about housemate and Bollywood actress Shilpa Shetty.
Advertisements also have to comply with the same set of rules, and can be restricted when shown outside the watershed (i.e. junk food, bingo, alcohol, condoms). Advertisements that may have an adult-related context, such as bingo, are less likely to be allowed on child-orientated channels. Some advertisements, often those for 18-rated films and video games, are not allowed before the watershed at all.
Although ratings do not have to be displayed on-screen, the channel is legally required to broadcast a verbal advisory before shows that may be unsuitable for children. Failure to do this may result in the broadcaster being given a fine.
See also: The Ofcom Broadcasting Code - Section 1
The term "watershed" is not used in this context in the United States. In the U.S., the "safe harbor" for adult programming begins at 22:00 and ends at 06:00 the next morning, regardless of time zone. This "safe harbor" was established by the U.S. Supreme Court case FCC v. Pacifica. That case distinguished "obscene" material (which is always banned by U.S. law) from the broader category of "indecent" material (which may be broadcast during safe harbor). Because the FCC's jurisdiction only covers channels broadcast on the publicly owned spectrum and not those only available on cable, restricted-access networks (like the premium channels Cinemax and HBO, with shows such as Sex and the City, or adult channels Playboy TV and Spice using spectrum privately owned) have taken considerably more leeway in their programming.
Some American television scenes famous for "pushing the envelope" (such as limited nudity on NYPD Blue) were aired in the 22:00 to 23:00 hour; however, these broadcasts were before the safe harbor in the Central and Mountain time zones, where programming scheduled for 22:00 EST would typically be broadcast starting at 21:00 (using a one-hour delay in Mountain Time broadcast areas).
Because each U.S. time zone enters safe harbor separately (at 22:00 local time), it is possible for network affiliates who air an "indecent" program at the same moment to not all face the same penalties. Such was the case with CBS, whose affiliates faced a proposed fine of US$3.63 million for a repeat of the episode "Our Sons and Daughters" of Without a Trace in December 2004. The program was flagged for depicting an orgy involving teenagers. It was televised at 22:00 in the Eastern and Pacific time zones (within the safe harbor), but at 21:00 in Central and Mountain times (outside the safe harbor). The FCC split its fine among the 111 CBS affiliates covering these time zones. After a court settlement, the network agreed to pay US$300,000 in fines.[10][11]
In the 1970s, the ill-fated Family Viewing Hour tried to make the 20:00 to 21:00 hour (19:00 to 20:00 for Central/Mountain areas) safe for family consumption, but was overturned in court due to the way it was instituted.
On July 13, 2010, in FCC v. Fox Television Stations, the United States Court of Appeals for the Second Circuit struck down the FCC's indecency policy saying "We now hold that the FCC's policy violates the First Amendment because it is unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here. Thus, we grant the petition for review and vacate the FCC's order and the indecency policy underlying it."[12]
In Venezuela the watershed begins at 23:00 and ends at 05:00 in the following morning and is called "Adult time" according to Article 7 of the Law on Social Responsibility on Radio, Television and Electronic Media.[13] During this block adult-oriented programs may be transmitted as long as they do not contain hardcore pornography, political or religious intolerance, racism or xenophobia.[14]
This is a list of watershed times in each country, starting with the earliest and ending with the latest. This only includes the last phase of the watershed to start (i.e. in Australia, MA15+ shows are not allowed until 21:00, and AV15+ shows are not allowed until 21:30. The one for AV15+ shows would be the only one included in the table). Similarly, this table only includes the first phase of the watershed to end. Some countries may share the same last phase watershed time, in which case, the conficting boxes will be sorted by the end time.
Legend
A green box in either the start or end time means its has multiple phases of the respective event.
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The main part of the watershed is not in place.
Watershed rules depend solely on whether it is free-to-air or not. |
The main part of the watershed is in place.
Watershed rules vary depending on, but are not limited to whether it is free-to-air or not. |
| Country | Start | 18:00 | 20:00 | 22:00 | 00:00 | 02:00 | 04:00 | 06:00 | 08:00 | End | ||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| New Zealand | 20:30[15] | 05:00 | ||||||||||||||||||||||||||
| Ireland | 21:00 | 05:30 | ||||||||||||||||||||||||||
| Canada | 21:00 | 06:00 | ||||||||||||||||||||||||||
| Spain | 21:00 | 07:00 | ||||||||||||||||||||||||||
| Australia | 21:30 | 04:30 | ||||||||||||||||||||||||||
| South Africa | 22:00 | 04:30 | ||||||||||||||||||||||||||
| United Kingdom | 22:00 | 05:30 | ||||||||||||||||||||||||||
| Czech Republic | 22:00 | 06:00 | ||||||||||||||||||||||||||
| United States | 22:00 | 06:00 | ||||||||||||||||||||||||||
| Argentina | 22:00 | 08:00 | ||||||||||||||||||||||||||
| France | 22:30 | 06:00 | ||||||||||||||||||||||||||
| Italy | 22:30 | 07:00 | ||||||||||||||||||||||||||
| Venezuela | 23:00 | 05:00 | ||||||||||||||||||||||||||
| Austria | 23:00 | 05:30 | ||||||||||||||||||||||||||
| Germany | 23:00 | 05:30 | ||||||||||||||||||||||||||
| Brazil | 23:00 | 06:00 | ||||||||||||||||||||||||||
| Poland | 23:00 | 06:00 | ||||||||||||||||||||||||||
| Portugal | 23:00 | 06:00 | ||||||||||||||||||||||||||
| Finland | 00:00 | 05:00 | ||||||||||||||||||||||||||
| Greece | 00:00 | 06:00 | ||||||||||||||||||||||||||