British Board of Film Classification

From Seenoevil

The British Board of Film Classification ("BBFC") guidelines are availble to the public. [1] This is to comply with domestic administrative law principles and the requirements of the Human Rights Act 1998 to make the classification criteria clear.

BBFC classification - the basic principles

The Guidelines state that in classifying films, videos or digital media the BBFC gives consideration to the following basic principles:

1) adults should as far as possible be free to choose what they see, providing that it remains within the law and is not potentially harmful to society

2) works should be allowed to reach the widest audience that is appropriate for their theme and treatment

3) the context in which something (eg sex or violence) is presented is central to the question of its acceptability

4) the BBFC’s Guidelines will be reviewed periodically. The Guidelines, and the Board’s practice in applying them, have particular regard to any changes in public taste, attitudes and concerns; changes in the law; or new evidence from research or expert sources.

The effect of the proposed legislation on the BBFC Guidelines

The proposed legislation undermines each of these principles. It undermines them by substituting a definition that purports to be objective for the flexibile principles hitherto adopted by the BBFC. Context, changes in public taste and attitudes or evidence of harm have no role to play in the definition of the material that is to be proscribed.

There must be a real concern that the BBFC will no longer be able to apply its basic principles because it will be compelled to refuse classification where any part of the content contravenes the new inflexible definition. The BBFC will not classify material which it believes to be in breach of the criminal law.

The defence that the material has been certified by the BBFC

Under the law, classified works will be exempt from the law, however extracts made from classified works can still come under the law, if "it is of such a nature that it must reasonably be assumed to have been extracted (whether with or without other images) solely or principally for the purpose of sexual arousal" (see The Home Office proposals).

Both of these clauses suggest the possibility that the extreme pornography definitions cover material included in some BBFC works, despite claims from the Government that the law would only cover material already illegal to publish.