Another legal problem

Paul Tavener, 06 Oct 2006 22:41:29

I will be writing to Mr Coaker over the weekend (via my MP) with some questions. I believe that there is a further problem with the new proposals where broadcast material is concerned - see below

If all material caught would already be caught under the Obscene Publications Act, then why has it been proposed to exempt BBFC rated works from prosecution? The BBFC are not exempt from the Obscene Publications Act and do not classify any material that is in breach of the criminal law, so anything likely to be prosecutable under the Obscene Publications Act would never receive BBFC approval in the first place and the exemption would never apply.

I note that the BBFC themselves have pointed out much the same point in their consultation response. They felt that some 18 rated works would fall foul of the proposals and this was presumably why the BBFC classification exemption was added to the latest version of the proposals, to ensure that material that would not be caught by the Obscene Publications Act, but which would be caught by the new proposals would be exempted if certified by the BBFC .

This raises another serious problem, concerning broadcast material. Ofcom’s broadcasting code currently allows for the broadcast of material that has not been certified by the BBFC provided that it is appropriately scheduled and could be classified as at least 18 rated if it were to be classified, but such material being unclassified would not have the BBFC exemption guarantee and so even if it theoretically would meet BBFC guidelines could be liable for prosecution. This is not just a theoretical possibility either, as a great deal of challenging uncertified material is broadcast including material with scenes that would breach the proposed standard. How is the Government intending to avoid this?