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Legal Eagle

The Public

Q: Is my act suitable for children?

How do I determine whether or not my show is suitable for children above a certain age group? I don't want to risk legal action by angry parents.

A: There is no system of certification of suitability for different age groups in respect of a theatrical production, similar to that which prevails in relation to the cinema pursuant to the Cinemas Act 1985. Furthermore, the question of suitability for children of a certain age group is, in any event, very subjective. There was the recently publicised incident of a child of four who was terrified by a particular production of Peter Pan, whereas other children in the same age group were not similarly affected and indeed, some of them may well have relished the particular features which this child found so terrifying. That said, it is surprising, really, that the law is so protective of young children in relation to the cinema and other potentially harmful situations, and yet does not seek to regulate theatre performances in the same way.

You should not be at risk of legal action in relation to suitability if you do not make a positive representation that your show is suitable for children, either generally or above a specified age group, or unless this is implied by the title of the show itself or by other relevant circumstances. For example, it probably would be implied in the case of pantomime, which a reasonable member of the public would reasonably be entitled to regard as suitable for very young children. By the same token, a production of, say, Noddy in Toyland would be similarly regarded and, if turned into a violent or macabre performance, might arguably give an aggrieved parent some right to legal redress in extreme circumstances.

If you are concerned about the possibility of an implied representation of this kind, which may give rise to complaint, then you could consider putting a disclaimer on your publicity material and on the face of the ticket, and possibly in the entrance lobby of the theatre, to the effect that the performance may be considered unsuitable for very young children or for children below a certain age. But you should be aware that this would imply the converse, i.e. that it is suitable for other children not falling within that description. It is really a question of what is reasonable in the circumstances, and reasonableness is not to be assessed by reference to a small minority of the particularly sensitive. After all, there are a great many shows which are quite clearly unsuitable for children beyond any shadow of a doubt, but the promoters are not expected to say so. It is only where a show is advertised as suitable for children, or where this is implied by the title, that there may be some justification for complaint, and even then legal liability will not easily be established in a society where children are constantly being subjected through the medium of television and advertising to a continual diet of sex and violence. Furthermore, a parent who is in any doubt about suitability can make enquiries in advance, and has the option of taking the child out of the auditorium in the middle of a performance if concerned about the effect which the performance is having on the child.

First published November 1996