Pursuant to its mandate under Article 5/F of Act I of 1996 on radio and television broadcasting, as amended by Act XX of 2002, the National Radio and Television Commission lays down the criteria governing the rating under Article 5/B, the signs to be used before and during the various programs and the method of communicating the ratings in the following resolution:
Part I. - Television broadcasters Category I: Programs approved for viewing by all ages 5/B (1) Programs rated suitable for viewing by all ages shall be classified under Category I. Since Category I does not include a recommendation for a particular age group, instead, the program so rated is for viewing by the general public regardless of age, broadcasters shall base their rating on the assumption that children under 12 may also be part of the viewing public. Therefore, the programs classified under Category I shall preferably include ones either specifically made for children under 12 and consequently easily understandable by this age group or ones that, although not specifically made for children, do not contain harmful elements for children under 12. With particular regard to the representation of violence, the programs so classified shall not: • contain scenes that arouse fear and aggression to an extent a child under 12 is unable to assimilate. • convey behavioural models through which violence is portrayed without criticism and which the child cannot interpret as fictitious. Category II: Suitable to be viewed under adult supervision for children under 12 years old 5/B (2) Programs that may arouse fear in viewers under the age of 12, or which such children are too young to understand or may misunderstand, shall be classified under Category II. Such programs shall be rated ‘suitable to be viewed under adult supervision for children under 12 years old’. 5/C (1) Programs classified under Category II shall not be broadcast as a program for children under 12 or in between such programs; it may be broadcast at any other time with the appropriate sign. Programs classified under Category II, while designed to be viewed by the general public, are recommended to be viewed under adult supervision for children under 12, as they may contain elements that may be difficult for such children to independently assimilate intellectually and emotionally. At the same time, broadcasters shall exercise particular care in order to ensure that both the subject of the programs classified under this category and their approach to that subject shall be suitable for the level of maturity of the age group 12 to 16. On the rating of its programs, the broadcaster shall take into consideration that the age between 12 and 16 years is considered to be of crucial importance in the development of children, as the child’s world view and value system develop during that period. Young people look for role models they can follow and may want to identify with television characters. Consequently, the programs so classified shall not tempt children to identify with characters characterised by antisocial, destructive or aggressive behaviour or suggest a double standard, which may result in a disturbance of identity and moral uncertainty in children. It is also important that violent behaviour by the protagonist with whom viewers tend to identify should be morally justifiable. Another basic criterion with respect to the rating of the programs is that the scenes that contain violence shall be restrained in terms of their frequency and their portrayal of violence in order to avoid that an insensitivity should develop in the viewers toward violence. As far as the admissible sexual content of the various programs is concerned, broadcasters shall take into consideration that the period of adolescence is characterised by a search for role models in order to develop sexual roles. Therefore, broadcasters shall in particular avoid featuring programs that disseminate negative clichés concerning sexual roles and propagate an ideology other than the equality of the sexes in a relationship. Category III: Not suitable for persons under 16 5/B (3) Programs suitable to unfavourably influence the physical, intellectual or moral development of persons under 16, particularly by indirect references to violence or sexuality, or if the violent resolution of conflicts is an essential element of their subject matter, shall be classified under Category III. Such programs shall be rated ‘not suitable for persons under 16’. 5/C (2) Programs classified under Category III shall be broadcast between 9.00 p.m. and 5.00 a.m. with the appropriate sign. As persons of 16 to 18 years of age have gained considerable media experience, they are likely to easily recognise the genres whose essential elements include violence as the means of conflict resolution, e.g. action-packed films, full of powerful visual effects, and thus have learnt to treat them accordingly, i.e. as fictitious stories distant from everyday reality, a kind of modern fairy tales. However, the ruder, more direct forms of violence portrayed in a context closer to reality, whose assimilation depends a lot more on the real-life experience than on the media experience of viewers, shall not be admissible. The main problem for this age group is conveying messages that are harmful for the society, e.g. programs in which violence is glorified. Considering the fact that by the age of 16 most people have already gained some personal sexual experience, the restrained, stylised visual representation of intimate sexual behaviour and indirect verbal references to such behaviour are admissible. An important consideration concerning the admissible extent of the visual representation of sexuality, it shall only be portrayed in a simulated form, without showing the details, considering that the natural representation of sexuality calls for a higher age limit. In connection with the limited real-life experience of the recommended age group, the message conveyed shall, like for violence, be thoroughly examined. In that respect, potentially harmful programs include those where sexuality is portrayed purely as a means of satisfaction on the instinctual level, where the stereotypical image of the sexes is portrayed in an unreasonably rude way or where women are reduced to the level of sexual objects. Particular discretion shall be employed with regard to value orientation, e.g. concerning drug usage, political radicalism or xenophobia. Category IV: Not suitable for persons under 18
5/B (4) Programs suitable to unfavourably influence the physical, intellectual or moral development of minors, particularly by the direct, natural portrayal of violence and/or sexuality being an essential element of such programs, shall be classified under Category IV. Such programs shall be rated ‘not suitable for persons under 18’. 5/C (3) Programs classified under Category III shall be broadcast between 10.00 p.m. and 5.00 a.m. with the appropriate sign. This category shall include those programs that do not meet the criteria specified for the lower categories yet do not correspond to the criteria for Category V either. The main criteria for rating a program under Category IV are as follows: • the frequency of violence: violence appears on a massive scale, • the intensity of violence: brutal and unrestrained, • the representation of violence: violence is shown in a detailed, realistic or natural manner, • the measure of the injuriousness of the message conveyed. In order to assess whether the program in question is suitable for the potentially gravely malevolent influencing of the physical, intellectual or moral development of minors, broadcasters shall take into consideration each of the above criteria for its rating. Gravely malevolent influence may be assumed, and consequently the broadcaster shall classify such program under Category V where the brutality and cruelty of violence is portrayed so it appears as innocuous or even honourable, particularly if: • the relativity of violence as a successful strategy of action is not sufficiently shown in the context of the program; • if violence appears in such a concentrated way that the problematic nature of violence as a means of conflict resolution is not given sufficient emphasis; • if the portrayal of the violent act is abridged to such an extent that e.g. the effect or consequence on the victim is concealed. Aggression against persons suffering violence because of their external appearance, cultural and societal identity, customs or thinking shall not be admissible if such aggression is portrayed as innocuous or justified. Programs in which intimate sexual behaviour is portrayed openly, with its natural details, while not being pornographic, shall be classified under Category IV. In order to assess whether the program in question is suitable for the gravely malevolent influencing of the physical, intellectual or moral development of minors, i.e. whether it shall be classified under Category V, the following criteria may be used as a directive: • violence is coupled with the portrayal or the subject of sexuality, particularly if it affects minors, • promiscuity and prostitution are portrayed in an idealised way or as being innocuous; • the impression is created that sexual satisfaction is a central value of human existence; • people are degraded into sexual commodities or as portrayed as sexual objects by emphasising their sexual organs. Category V: Programs unsuitable for television broadcasting 5/B (5) Programs suitable for the seriously unfavourable influencing of the physical, intellectual or moral development of minors to a gravely unfavourable extent, particularly by containing pornography or extreme and/or unjustified violence, shall be classified under Category V. 5/C (4) Programs classified under Category V shall not be broadcast. The programs whose content or the treatment of their subject matter makes them unsuitable for classification under Category IV or any of the lower categories shall be unsuitable for television broadcasting. With regard to the criteria laid down in the law, by violence being portrayed in an extreme and/or unjustified form, the following programs shall be classified under Category V: • which portray violent acts at such length and in such cruel detail that far exceed the extent required by the rules of dramaturgy, or • where violence has no integral part in the unfolding of the story, the characters or the subject matter, i.e. it appears without any discernible reason, in an exaggerated way, purely for the sake of violence, based on the assumption that violence is attractive for viewers, attracts their attention and consequently enables a higher viewing rate. Programs suitable for the seriously unfavourable influencing of the physical, intellectual or moral development of minors by: • the portrayal of violent acts in a sadistic way, i.e. the joy or enjoyment over the commitment of the violent act or the suffering of the victims get emphasis by the dramaturgy, and • the representation of violence may have the effect of generating or reinforcing insensitive and cynical behaviour, indifferent for the fate and the suffering of others shall also be classified under Category V. On account of their seriously harmful effect, programs in which the brutality and cruelty of violence is portrayed in a manner that makes it appear as innocuous or even honourable shall be classified under Category V. On determining the above, broadcasters shall take into consideration the restrictions laid down for Category IV. On their interpretation of the term ‘pornography’, broadcasters shall take into consideration the definition in Article 195/A(6) of the Criminal Code: ‘pornographic footage or pornographic programs shall include any act or representation portraying sexuality with a seriously indecent openness, deliberately aiming at arousing sexual desire.’ In the light of the above, a program shall be considered pornographic if all the following characteristic criteria are present in its portrayal of sexuality: • the representation aims, mostly or exclusively, at arousing sexual excitement in viewers; • the portrayal of sexuality is devoid of any context of emotional relationship; • human sexuality is reduced to the level of a freely interchangeable sexual object that serves for nothing else but the satisfaction of sexual desire; • sexuality appears as the exclusive manifestation of the perception of life; • sexual organs are portrayed in an enlarged, rudely emphasised manner. Programs suitable for the seriously unfavourable influencing of the physical, intellectual or moral development of minors because of the fact that the portrayal of sexuality is coupled with any of the following elements: • they support physical and other types of violence in order to reach sexual goals; • they propagate sadistic behaviour as a source of sexual enjoyment; • they portray sexual harassment as being desirable or pleasurable for or provoked by the victim; • the program as a whole treats one of the sexes in a degrading manner, offending its members in their human dignity; • they contain scenes, to a substantial extent, that treat people in a degrading manner on account of their sexual orientation, shall also be classified under Category V. Part II Radio broadcasters Category III: Not suitable for persons under 16 5/B (3) Programs suitable to unfavourably influence the physical, intellectual or moral development of persons under 16, particularly by indirect references to violence or sexuality, or if the violent resolution of conflicts is an essential element of their subject matter, shall be classified under Category III. Such programs shall be rated ‘not suitable for persons under 16’. 5/C (2) Programs classified under Category III shall be broadcast between 9.00 p.m. and 5.00 a.m. with the appropriate sign. In dramatic/literary programs (e.g. radio plays, literary collocations) and in programs that may deal with criminal acts among their subjects and in the ones where violent conflict resolution is an essential element of the subject matter, the representation of the technique and the consequences of aggression shall be restrained and any unreasonably frightening audio effects shall be avoided. Verbal references to sexual harassment shall be sporadic and restrained, provided only that they are strictly required by the narration or the subject matter. While hints to sexuality shall be admissible, they shall not provide exhaustive details concerning intimate sexual acts. Due to the limited experience of the recommended age group, potentially harmful programs include those where sexuality is portrayed purely as a means of satisfaction on the instinctual level, where the stereotypical image of the sexes is portrayed in an overly rude way or where women are reduced to the level of sexual objects. Although the law contains no provision on vulgar speech, its use shall be justified in terms of context and originality. Words and expressions generally considered coarse or vulgar may occur in order to depict characters or situations or portray reality provided that this is required in order to inform listeners or for artistic effect. However, the use of coarse or vulgar expression in the programs so classified shall not be immoderate or unreasonably aggressive. Category IV: Not suitable for persons under 18 5/B (4) Programs suitable to unfavourably influence the physical, intellectual or moral development of minors, particularly by the direct, natural portrayal of violence and/or sexuality being an essential element of such programs, shall be classified under Category IV. Such programs shall be rated ‘not suitable for persons under 18’. 5/C (3) Programs classified under Category III shall be broadcast between 10.00 p.m. and 5.00 a.m. with the appropriate sign. For the programs in which violence is an essential element, the following shall be taken into consideration: • the representation of the technique of violence in such detail that can potentially serve as a model or motivate imitation shall be avoided; • the representation of the consequences of violence in such detail that can potentially be shocking for listeners shall be avoided. Programs portraying cruel and inhuman violent acts as innocuous or honourable or which encourage listeners to commit such acts shall not be broadcast. Programs in which intimate sexual behaviour is portrayed openly, with its natural details, while not being pornographic, shall be classified under Category IV. Real sexual acts shall not be featured in audio broadcasting. Category V: Programs unsuitable for radio broadcasting 5/B (5) Programs suitable for the seriously unfavourable influencing of the physical, intellectual or moral development of minors to a gravely unfavourable extent, particularly by containing pornography or extreme and/or unjustified violence, shall be classified under Category V. 5/C (4) Programs classified under Category V shall not be broadcast. With regard to the criteria laid down in the law, by violence being portrayed in an extreme and/or unjustified form, the following programs shall be classified under Category V: • which portray violent acts at such length and in such cruel detail that far exceed the extent required by the rules of dramaturgy, or • where violence has no integral part in the unfolding of the story, the characters or the subject matter, i.e. it appears without any discernible reason, in an exaggerated way, purely for the sake of violence, based on the assumption that violence is attractive for viewers, attracts their attention and consequently enables a higher viewing rate. On the basis of the definition in Article 195/A(6) of the Hungarian Criminal Code, a radio program shall be considered pornographic if: • it portrays sexuality with a gravely indecent openness, • it deliberately aims at arousing sexual desire. Part III Classification marks, pictograms 5/D (1) Subject to the exceptions allowed for herein, any program shall only be broadcast in the manner provided for the respective category. (2) The rating of the program shall be communicated at the start of its broadcast.
In television, such rating shall be communicated both visually and by voiceover. The text on the program’s rating, appearing on the screen for a minimum of three seconds, shall be distinctly readable, highlighted against the background and shall cover at least 50 percent of the entire screen. During the display of the screen message, the rating shall also be communicated as a clear and articulate audio message, in Hungarian. In radio, the rating shall be communicated clearly and articulately in Hungarian, at a minimum length of three seconds. (3) On the broadcasting of the various programs, the sign for the respective category shall be displayed in the form of a pictogram in a corner of the screen for the entire duration of the program. No signs need to be displayed for programs rated under Category I. No such sign shall be used by radio broadcasters. The pictogram shall be positioned in the bottom left corner of the screen so the middle of the pictogram shall be in line 500 and column 75 on a 720x576-pixel resolution screen (upper left corner: 0/0). The pictograms shall consist of a coloured ring with a number inside. The original image shall be displayed on the screen area not covered by the ring and the numbers. The pictogram of Category II under Article 5/B (2) shall be a yellow ring with the number 12 inside. The number shall be white, in Arial fonts, character height: 18 pixels, 2 drop shadow. The colour parameters for the ring: R 255, G 255, B 0. The outside and inside radii of the ring shall be 32 pixels and 23 pixels respectively. The pictogram of Category III under Article 5/B (3) shall be a yellow ring with the number 16 inside. The number shall be white, in Arial fonts, character height: 18 pixels, 2 drop shadow. The colour parameters for the ring: R 255, G 255, B 0. The outside and inside radii of the ring shall be 32 pixels and 15 pixels respectively. The pictogram of Category IV under Article 5/B (4) shall be a yellow ring with the number 18 inside. The number shall be white, in Arial fonts, character height: 18 pixels, 2 drop shadow. The colour parameters for the ring: R 255, G 50, B 50. The outside and inside radii of the ring shall be 32 pixels and 23 pixels respectively.
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