Back in Business…BBFC notification of the re-enactment of the Video Recordings Act

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From the BBFC website

The BBFC have updated their website re the the re-enactment of the Video Recordings Act: On 21 January 2010, the Video Recordings Bill received Royal Assent. This Bill corrects a procedural error that meant the Video Recordings Act 1984 (VRA) was not enforceable against individuals in UK courts. It repeals and revives the Video Recordings Act 1984 (VRA), restoring the public protection provided by a robust video classification system. It sets out the statutory requirement for videos, DVDs and some video games to be classified and age rated by the British Board of Film Classification. The voluntary classification scheme the BBFC has been running since the discovery of the VRA’s lack of enforceability ends with immediate effect. Henceforth, all classification certificates issued by the BBFC will be pursuant to the VRA. The BBFC will issue replacement certificates in accordance with the VRA for all those works for which it issued certificates under the voluntary scheme between 1 September 2009 and 21 January 2010. So no customer need withdraw from sale any work for which a voluntary certificate was issued. All classification certificates issued by the BBFC in accordance with the VRA since 1984 are valid, and remain so following Royal Assent of the Video Recordings Bill. Any video recording containing an unclassified video work which has been released in the interim period will need to be withdrawn from sale now the new Act is in force, unless the work can claim exemption. The BBFC would like to thank its customers for complying with the provisions of the VRA by continuing to submit works to the BBFC for classification on a voluntary and best practice basis during the period of the VRA’s unenforceability.

Censor On…VRA 2 Set in Progress

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From bbfc.co.uk

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The BBFC have now added to their website comment:

The Government has set in train the actions necessary to remedy this situation as soon as possible and, as part of that process, have notified the Commission of the new draft Act and the Labelling Regulations deriving from it.

The Government has made clear to the BBFC that, once the process of re-enacting the VRA is complete, all video classification certificates issued by the BBFC since 1984 will be valid, and the legal consequences of non-compliance with the classification regime will be re-instated and enforced as vigorously as previously. Any video recording containing an unclassified video work which has been released in the interim period will need to be withdrawn from sale once the new Act is in force, unless the work can claim exemption.

The Government has therefore urged the industry in the interim to comply with the provisions of the VRA on a voluntary and best practice basis. The BBFC will continue to classify video works submitted by distributors on a voluntary basis for this period.

Censor On…BBFC explain that they are voluntarily continuing to censor according to the erased Video Recordings Act

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The BBFC have published an unsurprising disclaimer as to why the continue to censor citing the Video Recordings Act as justification for cuts: The Department for Culture, Media and Sport (DCMS) has notified the BBFC of a serious issue which has come to light in relation to the Video Recordings Act 1984 (VRA). Because the then British Government failed to notify the European Commission under the Technical Standards and Regulations Directive (83/189/EEC) of the Act, the VRA is no longer enforceable against individuals in the United Kingdom. The Government has said that its priority is to remedy this situation as soon as possible and has urged the industry in the interim to comply with the provisions of the VRA on a voluntary and best practice basis. The BBFC will continue to classify video works submitted by distributors on a voluntary basis for this period. In these circumstances and for the time being, the information on the BBFC’s website should be read in the light of the DCMS’s notification.

BBFC Masterclass…Explaining the difference between harmful and grotesque

Based on article from inverness-courier.co.uk Read more BBFC News on MelonFarmers.co.uk

Emily Fussell’s BBFC masterclass Eden Court’s La Scala cinema, Inverness Tuesday 25th August at 6.30pm. Note: This event is suitable for aged 15 and over, but some clips from 18 certificate films may be shown. Emily Fussell, a former cinema manager, works for the BBFC. Previously known as the British Board of Film Censors, these days the BBFC prefers to avoid the more emotive “censor” and titles Fussell and her colleagues examiners. However, the old terminology has not entirely died away. When you’re in the pub trying to explain what you do, you pretty much have to say ‘I’m a film censor’, Fussell acknowledged. Fussell will be in Inverness next week to give an insight into the enclosed world of film classification – and give Highland film enthusiasts a chance to do some censorship of their own. I get the audience to use their knowledge and try and classify something themselves, Fussell said: It’s amazing the reactions you get. Sometime you feel that young people are quite lenient and older people are more censorious, but when I showed people a clip from ‘Team America: World Police’ where the puppets have sex, the younger people wanted to give it quite a high rating but the older people were fine about it: ‘Oh, it’s just puppets.’ Most years see the BBFC embroiled in some controversy over its decisions, most recently Cannes prize-winner Antichrist from Danish director Lars Von Trier has been attacked for explicit sex and violence and faced calls for local authorities to ban the film after it was passed uncut by the BBFC. Defending the BBFC’s decision to pass the film, Fussell suggested much of the controversy had been generated by people who had not actually seen the film: A lot of the controversy about ‘Antichrist’ is based on a scene of explicit sex. There’s also a close up shot of genital mutilation, but that’s obviously not real, just gore and special effects. There’s nothing in it that would be harmful and that’s primarily what we are looking at. When we watched it we never had any doubt that it would be an 18 uncut. That’s the way we operate these days: an adult should be able to see what they want as long as it is not harmful. [...or Grotesque?]

Reporting In…BBFC Annual Report for 2008 published

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The Annual Report for 2008 has just been published by the BBFC. BBFC President, Quentin Thomas, uses his introduction to talk about BBFC Online and the internet in general. The theme of age verification inevitably crops up as it seems to be on of the general establishment concerns these days. Quentin Thomas wrote: To take just one type of potentially harmful content, we know that many children are coming across pornographic or obscene material online. With the recent development of ‘You Tube’ style pornographic sites such exposure can only increase. These sites offer instant and free access to a vast catalogue of explicit pornographic videos uploaded by users of the sites. Many of the videos contain violent, abusive or obscene content. Like ‘You Tube’, they have no gatekeeping in place. Many lack even a warning page because each additional ‘mouse click’ on the way to such content is thought to drive to rival sites. At time of writing, three such sites are in the top 50 most used sites in the UK, with the highest sitting between http://www.guardian.co.uk and http://www.aol.co.uk, and ahead of http://www.twitter.com, in terms of traffic. BBFC Director, David Cooke, uses his report to introduce the new classification guidelines for 2009.

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Game Over for the BBFC…VSC designated as UK’s game censor overseeing self rating via PEGI classifications

Based on press release from culture.gov.uk See also Digital Britain Final Report [pdf] Read more about BBFC News on MelonFarmers.co.uk

An overhaul of video games classification rules will make selling a video game rated 12 or over to an underage person illegal for the first time, Creative Industries Minister Siôn Simon has announced. The PEGI (Pan European Game Information) system, currently used in most European countries, will become the sole method of classifying video games in the UK. It will replace the current hybrid system that has BBFC & PEGI ratings, either of which can appear on video games, and is sufficiently adaptable to work in the rapidly expanding online games market. There is a new role for the Video Standards Council (VSC), an organisation which is independent from the games industry and will take a statutory role as the designated authority for videogames classification in the UK. It will have a mandate to implement the PEGI classification system for all video games. This new system will work alongside the robust regulation of Films and DVDs carried out by the British Board of Film Classification, to ensure that consumers have the strongest possible protection across these media. There is no intention to disturb BBFC’s jurisdiction in respect of linear material. The BBFC will continue to provide Blu Ray distributors with a one-stop service as at present. It is important that the BBFC and the VSC work together to share best practice in a rapidly changing and demanding media landscape. The Government will now work closely with PEGI and the VSC on the development of a single, clear set of age-rating symbols to give parents the information they need to ensure that children are protected from unsuitable content, and help retailers to avoid breaking the law by selling games to people below the appropriate age. The new system will consist of five age categories and a series of pictorial boxes, describing content such as bad language or violence. Professor Tanya Byron said: The PEGI system has been strengthened since my review and the Government has consulted widely on each of my suggested criteria. I support the Government’s decision to combine the PEGI system with UK statutory oversight. The new system: mirrors the way games are classified in much of Europe, which is increasingly important as more games are played online and across international borders is designed with child-safety as its main priority is highly adaptable and works well for games distributed both on and offline includes tough sanctions for manufactures who flout the rules, for example by making a false declaration about a game’s content. These include fines of up to 500,000 Euros and a refusal to classify. The new system will extend PEGI’s remit so that all games are classified using its symbols. Information on the content of each game will be submitted to PEGI administrators including the Video Standards Council, which will then review each game to ensure it complies with the law. Following this evaluation, the manufacturer receives a licence to use the PEGI rating logos. The VSC, as statutory authority, will take account of UK sensibilities, and will have the power to ban games that are inappropriate for release in the UK. PEGI’s code of conduct determines which age rating is appropriate for different types of content. The PEGI Advisory Board, which includes representatives of parent and consumer groups, child psychologists, media experts and lawyers, maintains the code and recommends adjustments in line with social, technological or legal developments. Comment: BBFC Director David Cooke Responds See article from bbfc.co.uk We have argued consistently that any games classification system needs to put child protection at its heart. It must involve consultation with the British public, command their trust, and reflect their sensibilities. It must take account of tone and context and be carried out by skilled and knowledgeable examiners. It needs to involve the provision of full, helpful and carefully weighed information to parents and the public more generally. It must have the power and will to reject or intervene in relation to unacceptable games or game elements. It should make a substantial contribution to media education, for example through dedicated websites and through work with pupils, students and teachers. It must be speedy and cost effective. It must have the capabilities to monitor online gameplay and to attract new members to online classification schemes. And it must be independent in substance as well as appearance, reaching its decisions and providing information on the basis of its own detailed assessments. The BBFC has always supported PEGI and wished it well, but it continues to believe that it satisfies these requirements better than PEGI. However, it will cooperate fully in the detailed work needed to give effect to the Government’s decision.