CODE APPLICATION AND ADMINISTRATION
This Code, which replaces the Canadian Association of Broadcasters ("CAB") Sex-Role Portrayal Code, has been created to ensure the equitable portrayal of all persons in television and radio programming. Canada's private broadcasters recognize the cumulative societal effect of negative portrayal and, by creating this Equitable Portrayal Code ("Code"), establish common standards to prevent such portrayal.
The CAB solicited input on the Code from 36 public stakeholder organizations representing ethnocultural, Aboriginal, and disability groups in the English- and French-language markets.
The CAB Equitable Portrayal Code reflects the responsibilities of licensees, under the Broadcasting Act, to ensure that their programming and broadcast services achieve the highest standards, and demonstrates the private broadcasters' commitment to the equitable portrayal of all persons in their programming.
In July 2004, the Canadian Association of Broadcasters endorsed the recommendations included in Reflecting Canadians - Best Practices for Cultural Diversity in Private Television, the report of the Task Force for Cultural Diversity on Television ("Task Force Report"). A key recommendation was that the CAB review its industry codes for the purpose of determining whether they addressed concerns identified in the Task Force's research findings regarding the reflection and portrayal of ethnocultural and Aboriginal groups. The Task Force Report was followed by a report commissioned by the CAB, The Presence, Portrayal and Participation of Persons with Disabilities in Television Programming ("CAB Persons with Disabilities Report"), which was released in September 2005. The CAB Persons with Disabilities Report also noted a lack of industry reference points or standards concerning the depiction and portrayal of persons with disabilities and called for a review of existing codes to address this concern.
The CAB was guided by the research findings in both the Task Force Report and in the CAB Persons with Disabilities Report relating to reflection and portrayal in developing this Code.
Specifically, the Task Force report, and in particular the Phase IV Focus Group research, identified the following areas of concern with respect to achieving the fair and accurate portrayal of ethnocultural and Aboriginal groups:
The CAB Persons with Disabilities Report, and in particular Part III of the Research Report, identified similar concerns regarding the reflection and portrayal of persons with disabilities focusing primarily on inaccurate or stereotypical portrayals in dramatic and news and information programming and concerns regarding the victimization of persons with disabilities in programming.
This Code is designed to complement the research conducted and the initiatives undertaken by Canada's private broadcasters and other industry stakeholders in the area of diversity, and the general principles contained in the other CAB and industry codes referenced in Appendix A, namely, the Radio Television News Directors Association ("RTNDA") Code of (Journalistic) Ethics, the Advertising Standards Canada Gender Portrayal Guidelines for Advertising and the Canadian Code of Advertising Standards.
This CAB Equitable Portrayal Code is the response of the Canadian Association of Broadcasters to concerns identified in the Task Force Report and the CAB Persons with Disabilities Report regarding depiction and portrayal. It will be administered by the Canadian Broadcast Standards Council.
It is the intent of this Code that broadcasters shall strive to present equitable portrayal. This Code is intended to overcome unduly negative portrayal and stereotyping in broadcast programming, including commercial messages, based on matters of race, national or ethnic origin, colour, religion, age, gender, sexual orientation, marital status or physical or mental disability.
Application of this Code is the responsibility of the individual licensee. Complaints and inquiries should be addressed to and dealt with by the broadcaster involved.
Complaints not resolved between the complainant and the broadcaster will be referred to the Canadian Broadcast Standards Council, which is charged with the administration of this Code and the process which that entails.
To create awareness of this Code, the CAB will work with the Canadian Broadcast Standards Council, which will distribute copies to interested parties, post the Code on its website in the CBSC's wide range of Aboriginal and ethnocultural languages, and encourage broadcasters to broadcast relevant public service announcements.
Television and radio programming shall respect the principle of equitable portrayal of all individuals.
Recognizing that every person has the right to the full enjoyment of certain fundamental rights and freedoms, broadcasters shall ensure that their programming contains no abusive or unduly discriminatory material or comment which is based on matters of race, national or ethnic origin, colour, religion, age, gender, sexual orientation, marital status or physical or mental disability.
In an effort to ensure appropriate depictions of all individuals and groups, broadcasters shall refrain from airing unduly negative portrayals of persons with respect to race, national or ethnic origin, colour, religion, age, gender, sexual orientation, marital status or physical or mental disability. Negative portrayal can take many different forms, including (but not limited to) stereotyping, stigmatization and victimization, derision of myths, traditions or practices, degrading material, and exploitation.
Recognizing that stereotyping is a form of generalization that is frequently simplistic, belittling, hurtful or prejudicial, while being unreflective of the complexity of the group being stereotyped, broadcasters shall ensure that their programming contains no unduly negative stereotypical material or comment which is based on matters of race, national or ethnic origin, colour, religion, age, gender, sexual orientation, marital status or physical or mental disability.
Recognizing that members of certain of the following identifiable groups face particular portrayal issues, broadcasters shall ensure that their programming does not stigmatize or victimize individuals or groups on the basis of their race, national or ethnic origin, colour, religion, age, gender, sexual orientation, marital status or physical or mental disability.
Broadcasters shall avoid the airing of content that has the effect of unduly deriding the myths, traditions or practices of groups on the basis of their race, national or ethnic origin, colour, religion, age, gender, sexual orientation, marital status or physical or mental disability.
Broadcasters shall avoid the airing of degrading material, whether reflected in words, sounds, images or by other means, which are based on race, national or ethnic origin, colour, religion, age, gender, sexual orientation, marital status or physical or mental disability.
Broadcasters shall be sensitive to, and avoid, the usage of derogatory or inappropriate language or terminology in references to individuals or groups based on race, national or ethnic origin, colour, religion, age, gender, sexual orientation, marital status or physical or mental disability.
Broadcasts may fairly include material that would otherwise appear to breach one of the foregoing provisions in the following contextual circumstances:
The following is intended to provide readers with a non-exhaustive list of research undertaken, as well as reference material and tools private broadcasters and related industry stakeholders have developed or applied, in the area of diversity that may provide additional guidance in achieving the equitable portrayal of all groups in television and radio programming: