See article [pdf] from stakeholders.ofcom.org.uk

Today
BBC Radio 4, 22 March 2013, 08:30

Today is BBC Radio 4′s flagship morning national news and current affairs programme, and it includes various guest interviews.

The edition on 22 March featured a live interview with crime author Lynda La Plante to discuss her induction into the Forensic Science Society.

Four listeners alerted Ofcom to the use of the word retard during the interview. Lynda La Plante said:

Not questioning, I get a tremendous amount of fans. I mean, I have a lot of questions that I’d like to ask myself, but the misquoting of me is a consistent and really irritating fact. Today there’s a headline that apparently I call people at the BBC ‘retards’, and it’s absolutely…

…

Gasps? They were roaring with laughter, because I said, somebody in the front, it was a Q&A, somebody said, ‘How do and where do I send a script to?’, and I said ‘You do not send a script, full script, anywhere, you learn how to do a treatment, because you don’t know if there’s a retard at the end of that envelope reading it’. Suddenly I’ve called everybody at the BBC a ‘retard’…

Ofcom considered this material raised issues warranting investigation under Rule 2.3:

In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context.

Ofcom decision: Breach of Rule 2.3

The use of discriminatory language can be profoundly offensive to some viewers. Ofcom’s own 2010 research1 into offensive language has identified the word retard as polarising. The words retard and retarded provoked mixed responses but many people were offended by these words as they singled out people in society and are extremely harmful and upsetting . Those people who consider it offensive do so because it is a derogatory term that refers to disability.

We noted that it was Ms La Plante who first used the word in the programme in the context of complaining about how she was misquoted. We also took into account the BBC’s comment that the presenter had assumed Ms La Plante brought up the subject to refute reports of her having used this offensive term, and thought it was a legitimate journalistic exercise to question Ms La Plante about it.

When Ms La Plante used the word a second time however it was to confirm she had in fact used it to make a derogatory remark about some script editors and their approach to reading a full script. Ms La Plante did not appear to recognise the potential for offence caused by this use of language, and did not apologise. Nor did the presenter explicitly challenge the guest’s second use of retard , choosing instead immediately to change the subject moving on from that use of language, do you feel that the BBC is not listening to you and not wanting to use your work… ).

Ofcom considered the broadcast of the word on the second and third occasions had the potential to cause considerable and gratuitous offence, and was not justified by the context. While there was an implicit criticism of these uses of the word by the guest through the presenter abruptly changing the subject as she did, in Ofcom’s view it would have been preferable if the presenter had addressed the issue with a more explicit statement, to clarify the potential for this use of language to offend, and apologise for any offence caused to listeners.

This material therefore breached Rule 2.3.

See article from express.co.uk

Amid a moral panic about internet censorship, Culture Secretary Maria Miller will ask BBC Trust chairman Lord Patten to review safeguards on iPlayer programmes.

Senior sources say the Culture Secretary is concerned about British shows aping a trend in US drama for extreme on-screen violence, as in Sky shows such as The Following and Hannibal. Apparently some campaigners want the dramas to be edited to be suitable for children for iPlayer versions.

A BBC Trust spokeswoman said no changes were planned for controls on the iPlayer as the Trust felt current safeguards were adequate. Asked about the current iPlayer protections for children, Lord Patten said: It’s quite difficult to do it any other way.

An IT consultant suggested: The BBC could simply mimic the system on Apple devices called iCloud which would allow parents to see what is being seen by their children, in real time.

Vivienne Pattison, director of pressure group MediaWatch-UK, admitted to alarming mental problems, seeing things in programmes that nobody else does:

It seems like there is violence against women in every programme now, with lingering shots of someone having something done to her.

I don’t think any of us can dispute the quality of the filming, writing and acting in both Ripper Street and The Fall but it does seem gratuitous and gruesome violence has become mainstream.

I have been talking about the BBC having tougher safeguards for its iPlayer programmes for years but always get the same response: that it has to be something that seriously harms the mental or physical health of a child and nothing on the iPlayer will do this. Actually with some of those dramas we are getting to the stage where if a young child watches it, yes it could do.

See article from guardian.co.uk

Film censors in three countries including UK are to pilot a program in which amateur video-makers can self-classify their postings.

Under the traffic light system, green footage would be suitable for all, amber for 12 year-olds and up, and red for adults only.

The project, developed by the British Board of Film Classification in collaboration with partners in Italy and the Netherlands, could also allow powerful internet service providers and search engines a new path through the current controversy about their uncensored content.

Amateur film-makers will be able to rate the films they put online according to national ratings categories, and the whole process could then be further policed by users of the site. Participating websites would have the option of letting viewers comment on the way that each film has been rated, alerting both users and the relevant national authorities to any serious transgressions.

The idea of offering a do-it-yourself rating service for user-generated content came out of international discussions with the parallel bodies in charge of film censorship and classification.

David Austin, assistant director of policy and public affairs at the BBFC said:

We already classify some 10,000 videos and films that are submitted to us for release every year and we will be using much the same classification model in the pilot for user-generated content.

The sheer amount of private video footage uploaded on popular sites such as YouTube means there is no way any board could tackle it. The volume is so great that it became clear the answer was to get those who are making and posting the films to rate them for users

Consultation with the Dutch film regulator led to the idea that an online questionnaire comprising simple questions about the nature of the content could be made to apply across international boundaries. Austin explained the procedure:

We will not be asking people to make value judgments about their films. They just have to answer simple questions about the content, such as ‘Does this video contain X, Y or Z, and if so, how long is the scene?’

In Britain the usual six ratings categories for films will be reduced to three:

We felt that six would be too complicated, said Austin, so we have conflated U, which means suitable for all, with PG, parental guidance, and then the age category 12 with 15, and finally 18, suitable only for adults, with R18, which covers those adult works intended for licensed premises only.

We will represent these three categories with the traffic light symbols green, amber and red.

The scheme will be voluntary and service providers and search engines will be able to decide how their users want to see the ratings displayed.

At this stage a lot of it depends on how much the search engines buy into the scheme. We want to help them look after their sites, and if some of the big ones get involved, then they can make the age-rating option available for everything.

The crowdsource monitoring option would then allow users to judge the chosen rating and to spot abuses of the system. If there is a serious problem, such as an example of hate speech or of child abuse, it can be reported.

The ‘conflation’ of 12 and 15 seems to be devil in the detail. 12 is very much the new PG and the current guidelines define it as more or less suitable for kids over 8, albeit with parental discretion. All modern family blockbusters fit into this category.

Surely you cannot have currently 15 rated strong language, horror films, and sex scenes noted as suitable for 12 year olds. So the lack of separate 15 rating means that anything with more than couple of swearwords, or bit violent, or even a bit sexy, has got nowhere to go, except an 18 rating.

So it appears that the ratings scheme only offers 3 choices, suitable for kids under 8, suitable for kids over 8, and adults only. Sounds like the powers that be are working towards a cheap and easy to implement, kids or adults internet censorship scheme.

See Shopping List: Future Releases

US: Uncut and MPAA Unrated rated for:

• US 2013 Image R1 DVD at US Amazon released on 11th June 2013

Promotional Material

ANGEL (1989, Rated R, 93 Mins) Orphaned, 15-year-old Molly Stewart (Donna Wilkes) is a sweet looking honor student at a private girl’s school by day, but by night she works the streets of Hollywood as a prostitute named Angel. When a deranged serial killer who preys on hookers starts murdering her friends from the boulevard, Angel takes off on a personal quest for vengeance.

GIRLS JUST WANT TO HAVE FUN (1985, Rated PG, 87 Mins) Janey (Sarah Jessica Parker) is a shy good girl. Lynne (Helen Hunt) is a cool rock chick. But when the two friends scheme to get Janey on television’s biggest after-school dance show, they find themselves on a wild adventure.

FRATERNITY VACATION (1985, Rated R, 94 Mins) Fraternity men Mother (Tim Robbins) and Joe (Cameron Dye) have their sights set on a sun-soaked bikini-fest down Palm Springs way. They’re just hoping that Wendell (Stephen Geofferys), the ultimate nerd whose father is paying for the trip, won’t spoil the fun.

TUFF TURF (1985, Rated R, 112 Mins) Morgan Hiller (James Spader), recently transplanted from an East Coast prep school where he was a known troublemaker, hopes to make a fresh start at his new school in Los Angeles. Unfortunately, he gets off on the wrong foot when he breaks up an attempted mugging by Nick Hauser (Paul Mones) and his gang, the Tuffs.

REFORM SCHOOL GIRLS (1986, Rated R, 94 Mins) Voluptuous Jenny Williams (Linda Carol), a young first-time offender, learns the hard way that the rules of the outside world don’t apply at this reform school.

NIGHT PATROL (1984, Rated R, 85 Mins) Good-hearted but inept cop Melvin moonlights as a stand-up comedian. Billing himself as The Unknown Comic, he wears a bag over his head to boost his courage and protect his career on the police force. Melvin is already having enough trouble maintaining his double identity when a joke-cracking thief commits a series of crimes while wearing Melvin’s trademark bag over his head.

SOUL MAN (1986, PG-13, 105 Mins) Mark Watson (C. Thomas Howell) has been accepted to Harvard Law School, but his dreams are dashed when his parents withdraw financial support. In desperation, Mark chemically darkens his skin and wins a full scholarship intended for black students.

BLACK MOON RISING (1986, Rated R, 100 Mins) Master thief Sam Quint (Academy Award? winner Tommy Lee Jones), hired by the government for a high-level job, hides a computer disc containing vital evidence in a sleek experimental supercar known as The Black Moon.

Once cut by the BBFC. Passed 18 after  BBFC cuts of 40-45s for 1986 Thorn-EMI VHS and 1986 cinema release. Cuts were to the brutal beating of Tommy Lee Jones by a gang of thugs.Passed 15 uncut with previous cuts waived for an unreleased 2009 Lionsgate video

See further details: Melon Farmer’s Film Cuts: Black Moon Rising

See article from atvod.co.uk (and several other similar decisions)

MNS Media provided softcore website services for British glamour models:

• anastasia-harris.com
• jodiegasson.com
• lucy-anne.com
• lucy-v.com
• mellisa-clarke.com
• sammi-jo.com

We wrote to the Service Provider on 26 March 2013 to inform the Service Provider that we had come to a preliminary view that the Service was an ODPS in respect of which a notification had not been given and in respect of which a fee had not been paid, and that our preliminary view was that the Service Provider was in contravention of sections: requirement to notify an ODPS; and requirement to pay a fee.

Prior to the issue of the Preliminary View ATVOD had engaged with MNS Media as part of the investigation process. During those exchanges MNS Media made two statements :

• MNS Media stated in an email that …we are not a Video on Demand site – we have video content as part of a site subscription that includes video, pictures, interactive members forum and Blogs.
• MNS Media stated in an email that the address for MNS Media was in Mallorca.

The ATVOD executive found on 12 March 2013 that entering each address above into a web browser took a consumer to a webpage which featured a sample video and text outlining the content of the site. The lay out for all 6 websites was similar, with a still image of the model and a sample video, along with more still images from photo shoots. The sites all had a banner which stated it’s a massive 2013 promo offer, get 6 sites for $34.99 . A user has the option to purchase the promotional offer which would allow them access to all the above 6 websites under one paid subscription. All 6 sites offered a similar nature of videos, containing soft core adult material. A link take my free tour could be seen on all the 6 websites, upon clicking on this link, users were taken to a page which featured still images which appeared to be stills taken from the videos available on the websites.

Once a user had logged into each site the user was taken to a member’s area, where the user could choose from a selection of videos. The videos were separated into two categories: behind the scenes videos and sexy videos . The sites contained videos which portrayed sexualised nudity without explicit detail, the majority of which contained female models removing their clothing in various outdoor and indoor settings.

MNS Media Ltd is a registered company and has a registered office in the UK. This address is also found on some of the individual websites that comprise the Service. ATVOD has also received email communication from MNS Media regarding the Service from its Social Media & Marketing Director who has a UK mobile number. Taken together, this evidence suggests to ATVOD that a significant part of the workforce involved in the Service operates in the UK. As the head office of MNS Media is in the UK, ATVOD considers that the provider falls within UK jurisdiction.

These breaches constitute an infringement of the statutory requirements: Requirement to notify an ODPS and Requirement to pay a fee.

See press release from devon-cornwall.police.uk

Licensees are warned following the conviction of Tony Bowman for knowingly allowing hands-on lap dancing to take place in breach of miserable licensing conditions.

The case centred on the operation of the Divas Lap Dancing Club during 2011 up until the premises licence was revoked by Plymouth City Council Licensing Sub-Committee in January 2012.

The supposed offences centred around a condition on the premises licence which prohibited Any form of Physical contact between the customer and the dancer…

Acting Inspector Martin Worthington of Force Alcohol Licensing and Crime Reduction Team said:

This is not the first time an adult entertainment establishment has fallen foul of conditions prohibiting physical contact between dancers and customers. We work in partnership with Licensees to ensure that business operate so as to promote the licensing objectives. We make regular checks to ensure that all licence holders adhere to the conditions of the premises licence and where appropriate the police Local Authority and other responsible authorities are prepared to take further action to ensure these standards are maintained including utilsing the Criminal Justice System where appropriate.

Bowman was sentenced to an £ 800 fine, £ 620 costs and £ 15 victim surcharge including the forfeiture of his personal licence.

See also Shopping List: Recent Releases

A Good Day To Die Hard is a 2013 USA action thriller by John Moore.
With Bruce Willis, Jai Courtney, Sebastian Koch.
The R rated Theatrical Version was cut for a 12A but restored to an uncut 15 for home video. There is also an Extended Version with a longer car chase.

UK: The Extended Cut was passed 15 uncut for strong language and violence for:

• UK 2013 [Theatrical + Extended] RB Blu-ray at UK Amazon released on 10th June 2013.

UK: The US Theatrical Version was passed 15 uncut for strong language and violence for:

• UK 2013 [Theatrical + Extended] RB Blu-ray at UK Amazon released on 10th June 2013.
• UK 2013 [Theatrical only] R2 DVD at UK Amazon released on 10th June 2013.

There is also a US release

UK Censorship History

 

UK: Passed 12A for strong language and violence after advised category cuts were implemented for:

• UK 2013 cinema release

The BBFC commented:During post-production, the distributor sought and was given advice on how to secure the desired classification. Following this advice, certain changes were made prior to submission

This work was originally seen for advice in an unfinished form. The company was advised that the film was likely to receive a 15 certificate but that their preferred 12A classification could be achieved by making a number of cuts to both language and visuals. When the finished version of the film was submitted for formal classification, edits had been made:

• to reduce the number of uses of strong language (both fuck and motherfucker) and
• to reduce sequences of bloody violence, including blood sprays when characters are shot in the head, and punches to restrained individuals.

The formal submission was consequently rated ’12A’.

UK:  The US Theatrical Version was passed 15 uncut for strong language and violence for home video.
Promotional Material

Iconoclastic, take-no-prisoners cop John McClane, for the first time, finds himself on foreign soil after travelling to Moscow to help his wayward son Jack. With the Russian underworld in pursuit, and battling a countdown to war, the two McClanes discover their opposing methods make them unstoppable heroes.

Special Features:

• Feature–Theatrical and on Blu-ray the Extended Versions
• Deleted Scenes
• Making It Hard To Die
• Anatomy of a Car Chase
• Two of a Kind
• Back In Action
• The New Face of Evil
• Pre-Vis Segments
• VFX Sequences
• Storyboards
• Concept Art Galleries
• Theatrical Trailers
• Audio Commentary by Director John Moore and First Assistant Director Mark Cotone
• Maximum McClane

See article from dailymail.co.uk

Naturists fear they will be forced to cover up under new laws designed to crack-down on yobs. New measures supposedly designed to curb anti-social behaviour could be used by police and the courts to stop them stripping off in public.

The row centres on the Anti-Social Behaviour, Crime and Policing Bill, which is currently being debated in the Commons.

It includes power for the courts to grant an injunction against someone who has engaged in, or is threatening to engage in, anti-social behaviour .

The law has been so widely drawn that police officers and magistrates courts could easily abuse their position to target people for just about anything.

Under the new rule, an injunction could be granted if a person has engaged in conduct which is capable of causing nuisance or annoyance to any person .

British Naturism warned that the new law:

Is so open ended that it could be used and abused to prohibit or require just about anything.

If history teaches us anything it is that if a power can be abused then it will be abused.

We have absolutely no doubt that if it becomes law as currently worded then it will be used to prohibit naturism in a wide range of places.

Beaches and gardens are a certainty and it may even include naturist events and clubs.

A Home Office spokesman said:

We want to give the police and other agencies the means to protect victims more effectively, not penalise certain behaviours.

The “nuisance and annoyance” test is clear and well-established in law, and it will ultimately be for the courts to decide whether it is proportionate to grant an injunction restricting an individual from acting in a certain way.

See CARA Rating Bulletin [pdf] from filmratings.com

The Hobbit: An Unexpected Journey is a 2012 USA/New Zealand fantasy adventure by Peter Jackson.
With Ian McKellen, Martin Freeman, Richard Armitage. The Extended Version was rated PG-13 For extended sequences of intense fantasy action violence, frightening images and fleeting nudity.

Note that the ‘fleeting nudity’ is new for the extended version. The Theatrical Version was rated PG-13 For extended sequences of intense fantasy action violence and frightening images.

Director Peter Jackson previously confirmed that the extended edition will be released and will feature 20 to 25 additional minutes. This leads up to a final running time of roughly 189 or 194 minutes for the first film.

See article from bbfc.co.uk

Braindead is a 1992 New Zealand comedy horror by Peter Jackson.
With Timothy Balme, Diana Peñalver and Elizabeth Moody.

A blend of zombies, romance, horror and gore, gore, gore (and more gore) Braindead tells a tale of a young man struggling to balance his blossoming lovelife with the burden of an undead Mother who just won’t stop attacking and zombifying the local townsfolk. The BBFC examiner reports reveal a team delighted by what they saw, who describe the film as one of the funniest splatter movies ever made . T

…Read the full article