Content rating system
Supreme Court overturns rule requiring TV channels to broadcast programs at pre-established times
The Supreme Court yesterday, August 31, ruled unconstitutional the directive requiring television stations to broadcast their programs in accordance with the watershed times established by the content rating system, which has been provided for in the Constitution and regulated by the Child and Adolescent Act since 2006.
The decision means, therefore, that although the stations are still required to display the age classification of their programs, they may be broadcast at any time during the day. For most of the court justices present in the judgment of the case, the broadcasting watersheds are illegal because they amount to censorship of television programming.
In defense of maintaining the content rating system, Brazilian human rights organizations have said that the case only serves the commercial interests of broadcasters and does not consider the harm likely to be caused by programming aired at inappropriate times.
In November 2011, Conectas, the News Agency for Children’s Rights (ANDI), the Institute for Socio-Economic Studies (INESC) and the Alana Institute submitted an amicus curiae to the court in defense of the rating system and the programming principles established in the Constitution.
According to the organizations, the case (Direct Action of Unconstitutionality No. 2404) filed by the Brazilian Labor Party (PTB) and supported by Brazilian Association of Radio and Television Broadcasters (ABERT), contests the Child and Adolescent Act by claiming that broadcasters cannot be punished for not complying with the watersheds established by the rating system.
In a public statement released in December 2014, 75 organizations, among them Conectas, described as “unacceptable” the attempt to overturn the rule that requires television channels and distributors of audiovisual products to assign a rating for each program.
“The content rating system seeks to balance the right to freedom of expression with the duty to protect children and adolescents, which does not prevent the broadcasting of any program, while abolishing the system does disrespect the fundamental guarantees of young people,” said Rafael Custódio, coordinator of the Justice program at Conectas.
