I have been a Sky subscriber a few times, most recently for the last few years. We recently even upgraded to their MySky HDi PVR service.
There’s one thing that has annoyed me frequently in the past and continues to do so – that is content filtering. I have made it a point to disable all the parental control/content filtering systems in my decoder (by default a PIN is required for anything beyond R16 or R18 I believe) – I have gone out of my way to indicate that I am happy to view whatever is on and whatever time of day.
However before 8:30pm the Sky decoder will still insist I provide a PIN if I switch to an R18 programme. This bothers me not because I want to watch titty shows at all hours, but because of one show in particular. The Soup plays on the E! channel at 7pm Sunday nights. It is followed by the R18 rated Girls of the Playboy Mansion – the problem is that The Soup consistantly runs 1-2 minutes late, meaning that at 7:30pm when the EPG says the show finishes the Sky decoder locks the channel and pops up a PIN entry demand. No matter how fast I find the remote, and key in my simple PIN number I still end up missing a presumably hilarious part of the show.
I’ve called Sky to inquire about this. Previously I’ve been told that it just works that way, with no further information about why. However yesterday I called again and was advised that it was because “of the law” and that R18 programmes would always require a PIN no matter what settings I had. I explained that I could watch the same show later without the problem. The call-taker was unsure. I requested a callback from a team leader.
Being that I have been involved in the production of television in New Zealand for the last 6 years or so, I am fairly familiar with the Broadcasting Standards Authority’s code of practice, at least as it applies to free-to-air television. In FTA broadcasting there is something called the ‘Watershed’ before which it is forbidden to adult-rated content. Basically that is 8:30pm on free-to-air channels.
I received a follow-up call from a team leader today, who clarified that indeed the policy was to conform to the BSA’s codes, and that it should only apply before 8:30pm. I expressed my opinion that I thought it was stupid that even though I am given a device with content controls built in, and enabled by default, that this was still enforced. He agreed, but said it was just what the code required.
I only just got around to looking it up myself, and as far as I can tell it is actually exactly the opposite of what the code requires – the summary of differences between pay-tv and FTA includes this:
- Filtering technology (eg. parental locks with PIN access) can be made available to protect younger viewers and limit access to unwanted content.
- Watersheds apply to content classified 18 if filtering technology is not automatically provided free of charge to subscribers.
- Subscribers are required to be aged over eighteen years.
Which as I read it basically says that because the technology is provided (content control) there is no watershed. In the section titled “Barriers to accessing content” there is the following:
(i) Where filtering technology is not automatically made available in accordance with Guideline (j) below, content classified 18 may screen only between 8pm – 6am, or 9am – 3pm (other than weekend days, school holidays and public holidays when it may screen only between 8pm – 6am).
(j) If filtering technology is automatically made available to subscribers free of charge, and regularly promoted by the broadcaster for subscriber use, content classified 18 may screen at any time provided other applicable broadcasting standards are adhered to.
(k) The filtering technology may be made available on the basis that subscribers elect to use it, provided that a subscriber is easily able to initiate use at any time through the television remote or similar device.
Which supports my earlier reading. Because, pursuant to Guideline (j), I have filtering technology available free of charge, and it is promoted then they can screen the material anytime (ie. 7:30pm on a Sunday). Then Guideline (k) says clearly that the technology may be made optional if I can easily enable it. Well it comes enabled by default, and it pretty easy to setup with the remote at any time.
Therefore according to the BSA Pay TV Code, by which Sky TV is bound, they are not in anyway obligated to enforce non-bypassable content filtering for R18 material before 8:30pm. They meet all their obligations (and more) by having the filtering available and enabled by default.
And lets not even get into the absurdity of having a show where you occasionally see blurred out nipples rated as R18 (or 18S by Sky’s system) while there is an entire channel that features graphic crime footage and documentaires all rated M and never restricted. I have seen footage on that channel of a person murdering another person. Actual footage. Up close. Repeated in slow-motion. No need for a PIN for that.
Sky, respect my ability to actually use the filtering system you give me to make my viewing decisions, and stop messing up The Soup for me.