Case Study 8: Paul McCartney v Hello!

• Sir Paul McCartney is photographed with his son and his daughter walking in Paris, seated by the Seine and eating lunch outside a café
• One photograph shows the family inside Notre Dame cathedral and the magazine describes how they lit a candle for Sir Paul's recently deceased wife, Linda, and took some time to meditate in peace
• Sir Paul says he was unaware that he and his family had been stalked by photographers but believes that they took "highly intrusive photographs of us in our most private moments at this very difficult time in our lives"
• The editor of the magazine says the photos were obtained from news agencies and were not taken secretly
• She concedes that the photograph of the family in the cathedral should not have appeared and writes directly to the celebrity to apologise for any distress caused

Should a well-known celebrity like this, photographed in a place open to the public, expect privacy in these cirumstances?

Case Study 7: A Police Officer v The Sunday Telegraph

• Journalists arrive at the home of a woman police officer who has repsonsibility for investigating racially motivated crimes
• They pretend they are writing a book about military history and want to speak to her husband
• In fact, they are seeking to explose the fact that the policewoman's susband hs a large collection of Nazi memorabilia, including a mannequin dressed in SS uniform
• To the journalists this seems to sit uneasily with the policewoman's job
• Neither the officer nor her husband are there when the journalists call, but her mother-in-law opens the door
• The female reporter says she wishes to use the toilet and is directed upstairs by the mother-in-law while the male journalist enters the house and takes photographs which later appear in the artile, which the police officer says intrude into her privacy
• The policeofficer also complains about the journalists' misrepresentation
• The newspaper admits that it used subterfuge in researching the story, arguing that their action were in public interest as the complainant was a police officer with responsibility for investigating racially motivated crimes
• It also argues that the information could not have been obtained in any other way since the police officer's husband, the owner of the memorabilia and member of the BNP, had said he would never speak to the press again after previously being "caught out"

Have the journalists invaded the privacy of this woman and her family and, if so, was it justified?
The Cpde has rules on using subterfuge and misrepresentation. Did the journalists behave improperly in this respect or was the newspaper right in arguing they were acting in the public interest?

Case Study 6: A Woman v Eastbourne Gazette

• A reporter from a local newspaper approached close family members of a man who has suffered a motorcycle accident that left him in a coma
• During the man's first visit home after regaining consciousness a journalist approaches the house wishing to speak to the family with view to a story
• He is told by the family that they will call him at a more appropriate time if they decide to speak about the accident
• The journalist leaves an answerphone message later in the week and telephones again asking for permission to visit the man
• Permission is firmly denied but that day the journalist enters the hospital without identifying himself and questions the man despite the fact that his injuries are such that he "barely knows his own name"

Is the journalist just doing his job in persuing an interview even in the hospital, or is he unduly harassing the man in breach of Clause 4 (Harassment) and behaving irresponsibly in breach of Clause 8 (Hospitals)?

Case Study 5: A Woman v The Sun

• Several newspapers publish photographs of a woman jumping to her death from a London hotel
• The tragedy occured in view of onlookers and a passing photographer
• One newspaper publishes the photographs before the woman's identity had been made known
• One picture shows her standing on a ledge outside a window and one shows her during the fall
• Other newspapers publish similar images the following day after the woman has been identified
• A friend of the woman complains that the publication of the images was unnecessary and it was merely a matter of luck that she had been informed of her friends death before she saw the coverage
• She considers the images to be horrifying and distressing and the publication disgusting and voyeuristic
• The newspapers express their condolences to the family and friends of the dead woman, and express their regret for the distress that has been caused
• However, they argue that the decision to publish the photographs was considered carefully and is justified
• The event took place in public view and was witnessed by a crowd, the coverage was brief and factual and neither made light of the circumstances of the death or dwelt salaciously on unpleasant details

Would the terms of Clause 5 on intrusion into grief and shock apply in this instance?

Case Study 4: A Woman v The Independent

• An actress complains through her agent that a piece in a celebrity gossip column has intruded into her privacy
• The article reports that she has withdrawn from a theatre role because she has fallen pregnant
• It also says that she pulled out from a previous role because of a pregnancy and suggests that her "efforts to start a family are getting in the way of her career"
• The actress says the article intrudes into her privacy by announcing her pregnancy before she has even told her family, at that point the only people she has informed are her partner, her agent and the producer of the show
• A press release explaining her withdrawal referred only to an "unforseen circumstance"
• She subsequently suffers a miscarriage
• Initially the newspaper responds by saying that, while it regrets the distress the actress has suffered, its columnist had no reason to believe that the pregnancy was not public information
• It offers to consider a letter for publication in response to the article and says the item has been removed from its website
• When the PCC investigates, the newspaper apologises privately for revealing the pregnancy and also offers to publish an apology

Is this offer by the newspaper sufficient redress?

Case Study 3: A Man v The Sunday Times

• The parent of a 14 year old boy, who attends a London school where a student has been fatally stabbed, says that his son was approached by a journalist who offered him £1000 for a picture of the suspect to be taken from the school database
• The parent claims that the journalist spoke at length with his son and continued to converse with him via telephone and text
• The father has also said that his son had to leave the school, having been seen talking to the press by the suspects friends
• The newspaper denies that the reporter offered the boy money or asked him to enter the school to obtain a photograph
• However, they do accept that the reporter spoke to the boy and accompanied him to an internet café to see if a photograph could be downloaded
• No photograph was taken and none of his comments to the reporter were published

Does this mean there is no complaint to answer?
Has the code been breached?

Case Study 2: A Man v Zoo Magazine

• A father objects to a photograph of him and his 10 year old daughter, taken at a Premiership football ground following his teams defeat there in an FA Cup match
• The pair were pictured in the crowd making offensive hand gestures which were described in the piece as "terrace bigotry"
• The man says his daughter has been ridiculed by the magazine and her face should have been pixelated as in other publications
• The magazine in which the photograph appeared says that on this occassion it was not necessary to obscure the childs face to protect her privacy
• They argue that the man and his daughter were in a public place and the subject matter of the photograph does not effect the childs welfare, but that she and the complainant made offensive gestures to the public and their behaviour is open to censure

Should the magazine have obscured the child's features?
Did the father's behaviour suggest that he did not want to draw the attention of the press to his child?

Case Study 1: A Man v the Northwich Guardian

• A newspapers website has a video which has been uploaded to youtube
• It shows youths throwing fire bombs at a freight train and setting it alight
• The printed edition shows stills from the video in a subsequent article
• The father of a 15 year old boy who appears in the video says that in publishing images of his son the newspaper has identified him on an issue involving his welfare
• He believes the interests of children who appear in the video outweigh any public interest in showing it
• He says the newspaper should have pixelated their faces
• The newspaper points out that the boy published the video to youtube himself, voluntarily making it available to the public
• The manner of embedding meant that it would become instantly unavailable on the website if removed from youtube
• The father says that the stills used in the article will always remain available
• The newspaper says it is in the public interest to publicise the incident due to its serious antisocial nature

Does the publication of the video on the newspaper's website and of the stills in the print version improperly identify a 15 year old boy?

The PCC Code of Practice

The 16 headings of the PCC Code of Practice are as follows:

1. Accuracy
2. Opportunity to reply
3. Privacy
4. Harassment
5. Intrusion into grief or shock
6. Children
7. Children in sex cases
8. Hospitals
9. Reporting of crime
10. Clandestine devices and subterfuge
11. Victims of sexual assult
12. Discrimination
13. Financial journalism
14. Confidential sources
15. Witness payments in criminal trials
16. Payment to criminals

Exceptions due to public interest include

• Detecting or exposing crime or serious impropriety
• Protecting public health and safety
• Preventing the public from being misled by an action or statement of an individual organisation

Freedom of expression is also a public interest and must be taken into account
Whenever the public interest is invoked the PCC will ask editors to demonstrate fully how the public interest was served
The PCC will also consider the extent to which the material is already in the public domain or will become so
In cases involving children under 16 editors must prove exceptional public interest for it to override the interest of the child

Why Is The PCC Important?

• In a democracy the press should not be subject to stringent controls by law or government
• As the PCC is an independant body it protects against this possibility
• However, the press being free does not mean it should not be accountable, and there must be some system by which wrongs can be righted when they occur
• It protects the public and is fast, free and fair

Who Complains to the PCC And What About?

• The PCC accepts complaints from anyone who believes an article involving them is breaching the Code
• A number of celebrities use the PCCs service, but most complaints are from ordinary people
• The Code provides special protection for vulnerable groups such as children, hospital patients and those at risk of discrimination
• The majority of complaints are about regional newspapers

The History of the PCC

• Set up in 1991 to replace the Press Council, which had been set up in 1953, aiming to maintain high standards of journalism and protect press freedom
• In the 1980s a small number of publications failed to observe the basic ethics of journalism, leading to a lack of confidence in the Press Council amongst many MPs
• Some politicians believed that it would be preferable to introduce a new regulatory authority under government control
• The government therefore appointed a Departmental Committee to consider the matter, and what measures needed to be taken to ensure further protection to individual privacy from the press
• The report that followed suggested a Press Complaints Commission which would have to prove that non statutory regulation can be made to work effectively
• A committee of national and regional editors was set up and produced a formal Code of Practice for the PCC to administer and the PressBof was set up to organise funding
• Despite some initial problems the PCC has continued to grow in respect and influence

How Is The PCC Funded?

• Funded through a body called the Press Standards Board of Finance (aka PressBof)
• PressBof are responsible for collecting money from newspapers and magazines in the UK
• Each newspaper and magazine has to contribute an amount in proportion to the number of people who buy it and read it
• The PCC does not recieve any money from the government

What Does The Code Of Practice Cover?

• It covers 4 main areas
• Accuracy, privacy, news gathering and protecting the vulnerable
• Editors are expected to take responsibility for everything that appears in their newspaper or magazine and ensure they comply with the code
• Sometimes, an editor may try to defend their publication or the behaviour of a journalist as being in the "public interest"
• Circumstances in which this defence can be applied are set out in the Code
• The Code does not cover issues of taste or decency as the public can make an informed decision to read publications which suit their personal taste

How Does the System Work?

• The regulation system is not a legal one nor is it imposed by the government
• It is based on a voluntary agreement by the newspaper and press industry allowing itself to be regulated by an independant body
• The Code of Practive is written up by a committee of editors, but the Commission has a majority of public members
• None of the PCCs staff are connected to the industry

What Does The PCC Do?

• Independant body
• Deals with complaints about the editorial content of newspapers and magazines in the UK and their websites
• Administers a 16 clause code of practice to which editors and journalists must abide by
• Investigates complaints from people who believe the Code has been breached
• Acts as a mediator to help the editor and complainant resolve the dispute
• If the issue cannot be resolved through this means, the PCC will assess evidence and issue a formal judgement.
• This abjudication sets out the reasons that the complaint was either upheld or rejected
• If the complaint is upheld the magazine or newspaper must publish the text of the abujdication in full in a prominent place
• Sometimes, while they are assessing the case, the publication has made an acceptable offer of remedial action, and so will take no further action

Key Differences

U>PG

• Some discriminatory language or behaviour may become acceptable due to context, but it must still be clearly disapproved of
• Some references to illegal drugs and drug misuse may become acceptable, but must remain in the context of an antidrug message
• More frightening sequences become allowed, though they must remain infrequent and must not be prolonged
• No detail of potentially dangerous behaviour for young children is allowed as compared to none being portrayed at all
• Mild language becomes acceptable as compared to very mild
• Natural nudity no longer has to be occassional, although must remain away from a sexual context
• Sexual activity may be implied and mild references and innuendo become acceptable
• Some more serious themes become permitted
• Violence can now be moderate instead of mild, though must not be detailed

PG>12A

• Discriminatory behaviour and language becomes acceptable as long as the work as a whole does not endorse it and there is relevant context
• Misuse of drugs is now allowed but must be infrequent and not be glamorised
• Moderate horror is now allowed although it should not be prolonged or frequent
• More serious dangerous behaviour may now be portrayed, though it should not be detailed or represented as harm or pain free
• Moderate language is now allowed, including infrequent use of strong language
• Nudity is now allowed in a sexual context though must remain brief and discreet
• Sexual activity may now be briefly and discreetly portrayed whereas it could only be refered to previously
• Mature themes are now acceptable as long as they are treated appropriately
• While moderate violence must not dwell on detail, some detail is acceptable, some gory moments may become acceptable and brief references to sexual violence may become acceptable in context

12A>15

•  Discriminatory language and behaviour is now acceptable as long as it is not endorsed by the work as a whole
• Drug taking may now be shown, though not with educational detail and not easily accessible substances
• Strong threat and menace are now permitted
• Dangerous behaviour may now be portrayed as pain or harm free
• Frequent use of strong language is now acceptable, and infrequent use of strongest language where justified by context
• Nudity is now allowed in a sexual context as long as there is not too much detail. Nudity in a non sexual or educational context now has no constraints
• Sexual activity may now be portrayed though without strong detail. Verbal references may also be strong
• No theme is prohibited as long as it is treated suitabley
• Violence may now be strong although not dwelling on pain or injury and there may be detailed verbal reference to sexual violence

15>18

• At 18 rating almost everything becomes acceptable other than the exceptions seen in this post
• This includes detailed drug taking and dangerous behaviour, glamorisation of weapons, strong violence and gore and most detailed portrayals of sexual activity

18>R18

• Strong fetish material, clear images of real sex, sexually explicit animated images and other very strong sexual images become acceptable

R18

The following is not acceptable:

• Material in breach of criminal law, including that considered to be obscene under the Obscene Publications Act 1959
• Material, including dialogue, likely to encourage an interest in sexually abusive activity (eg paedophilia, incest or rape)
• The portrayal of any sexual activity that involves lack of consent or any form of physical restraint that prevents participants from indicating a withdrawal of consent
• The infliction of pain or any acts that cause lasting physical harm, whether real or simulated. Some allowances may be made for moderate, non-abusive, consensual activity
• Penetration of any object associated with violence or likely to cause physical harm
• Any sexual threats, humiliation or abuse which does not form a part of any clearly consenting role-playing game. Strong physical or verbal abuse even if consensual is unlikely to be accepted

18

In accordance with the Human Rights Act 1998, the BBFC's concerns are unlikely to override the principle that adults should be free to choose their own entertainment.

Exceptions are most likely in the following areas:

• Where the material is in breach of criminal law or has been created through the commission of criminal offence
• Where the material or treatment appears to risk harm to individuals or, through their behaviour, society. For example the detailed portrayal of violent or dangerous acts or illegal drug use, which may cause harm to public health and morals. This includes portrayals of sexualised violence which may eroticise or endorse sexual assault
• Where there are more explicit images of sexual activity which cannot be justified by context. These may be acceptable in R18 works or "sex works"

In the case of video works, judgment may be harsher than in cinemas, due to the greater accessibility to younger viewers

Sex Education at 18

• Where sex material genuinely seeks to inform and educate in matters such as human sexuality, safer sex and health, explicit images of sexual activity may be permitted

Sex Works at 18

• Those whose primary purpose is that of sexual arousal or stimulation
• Those containing only material which may be simulated are generally passed as 18
• Those containing clear images of real sex, strong fetish material, sexually explicit animated images or other very strong sexual images will be confined to R18 catergory

15

Discrimination

• The work as a whole should not endorse language or behaviour

Drugs

• The film as a whole should not promote or encourage drug misuse
• Misuse of easily accessible and highly dangerous substances is unlikely to be acceptable

Horror

• Strong threat and menace acceptable unless sadistic or sexualised

Imitable Behaviour

• Dangerous behaviour should not dwell on detail which could be copied
• Easily accessible weapons should not be glamorised

Language

• Frequent use of strong language permitted
• The strongest terms may be acceptable if justified by the context
• Aggressive or repeated use of the strongest language is unlikely to be acceptable

Nudity

• May be allowed in a sexual context but without strong detail
• No constraints on nudity in a non sexual or educational context

Sex

• May be portrayed without strong detail
• There may be strong verbal references but the strongest are unlikely to be acceptable unless justified by context
• Work whos primary purpose is sexual arousal or stimulation are unlikely to be acceptable

Theme

• No theme is prohibited providing the treatment is appropriate for 15 year olds

Violence

• May be strong but should not dwell on the infliction of pain or injury
• Strongest gory images are unlikely to be acceptable
• Strong sadistic or sexualised violence is unlikely to be acceptable
• May be detailed verbal reference to sexual violence but any portrayal must be discreet and have a strong contextual justification

12A

Discrimination

• Language or behaviour must not be endorsed by the film as a whole
• Aggressive language or behaviour unlikely to be acceptable unless clearly condemned

Drugs

• Infrequent
• Not glamorised
• Give no instructional detail

Horror

• Moderate physical and psychological threat allowed
• However disturbing sequences should not be prolonged or frequent

Imitable Behaviour

• Dangerous behaviour (eg hanging, suicide and self harm) should not dwell on detail
• Should not be presented as pain or harm free
• Easily accessible weapons should not be glamorised

Language

• Moderate language is allowed
• Strong language must be infrequent

Nudity

• Nudity allowed
• In a sexual context must be discreet and brief

Sex

• May be briefly and discreetly portrayed
• References should not go beyond what is suitable for young teenagers
• Frequent crude references unlikely to be acceptable

Theme

• Mature themes acceptable
• Must be treated suitably for young teenagers

Violence

• Moderate violence allowed but should not dwell on detail
• No emphasis on injuries or blood, though occassional gory moments may be permitted if justified by context
• Sexual violence may only be implied or briefly and discreetly indicated and must have strong contextual justification

PG

Discrimination

• Unlikely to be acceptable unless clearly disapproved of
• Also may be acceptable in a educational or historical context

Drugs

• Must be innocuous or carry an antidrugs message

Horror

• Frightening sequences should not be prolonged or intense
• Fantasy context may be a mitigating factor

Imitable Behaviour

• No detail of potentially dangerous behaviour that a child is likely to copy
• No glamorisation of realistic or easily accessible weapons

Language

• Mild bad language only

Nudity

• Natural nudity allowed
• No sexual context

Sex

•  May be implied but should be discreet and infrequent
• Mild references and innuendo only

Theme

• More serious issues may be featured (eg domestic violence)
• However nothing in their treatment should condone unacceptable behaviour

Violence

• Moderate violence without detail may be allowed
• Should be justified by context (comedy, historical, fantasy)

U

Discrimination

•  None unless clearly disapproved of

Drugs

• No references unless infrequent and innocuous or educational anti-drug message

Horror

• Mild, brief and unlikely to cause undue anxiety
• Should result in a reassuring outcome

Imitable Behaviour

• No potentially dangerous behaviour that a child is likely to copy
• No emphasis on realistic or easily accessible weapons

Language

• Only very mild bad language

Nudity

• Occassional natural nudity allowed
• No sexual context

Sex

• Mild sexual behaviour (eg kissing)
• References only

Theme

• Problematic themes should be treated in a sensitive and appropriate way for young children

Violence

• Mild violence only

Also note: Context is especially relevant in this catergory, a fantasy or animated context leading to much more relaxed treatment of main issues

Violence

• Takes into account the degree and nature of the violence involved
• More restrictive classifications are likely to be given with the portrayal of violence as a normal solution to problems, heroes who inflict pain and injury, callousness towards victims, encouragement of aggressive attitudes and content involving characters taking pleasure in pain or humiliation
• Sexulised violence  or works which glamorise violence will receive more restrictive classification or be cut
• Strict policy on sexualised violence and rape
• Content which might eroticise or endorse sexual violence may require cuts
• Cuts are more likely in video works due to the potential to take the scenes out of context
• Any association of sex with non-consensual restraint. pain or humiliation may be cut

Theme

• Will take into account the theme of the film
• Mostly depends on the treatment of that theme and the sensitivity of its presentation
• Problematic themes (eg drug abuse, sexual violence, paedophilia, incitement to racial hatred or violence) are unlikely to be appropriate at junior levels or classification
• Most films, no matter how difficult, could be presented in any manner at 18 or sometimes 15

Sex

• Portrayals can range from verbal references and kissing to "making love" to detail of real sex
• Progressively stronger portrayals are allowed as the catergories rise
• Sex works will only be passed in the adult catergories
• Sex works containing clear images of real sex, strong fetish material, sexually explicit animated images or other very strong sexual images will be confined to R18
• R18 films may only be sold in licensed sex shops and shown in licensed sex cinemas
• These guidelines are applied to the same standard regardless of sexual orientation

Nudity

• Natural nudity with no sexual context is universally acceptable, however at the lowest levels of classification it must be infrequent
• Nudity with sexual context will recieve a more restrictive classification
• Strong detail in a sexual context will only be passed in adult catergories

Language

• May include expletives with sexual, religious or racial association and commonly understood rude gestures
• Offence may vary according to age, gender, race, background, beliefs and expectations brought by viwers to the work
• Context and frequency is also important
• This makes it hard to definitively list what words are acceptable at each catergory, the guidelines therefore provide general guidance based on public consultations

Imitable Behaviour

• Classification decisions take into account detailed portrayal of criminal and violent techniques
• Also applies to glamorisation of easily accessible weapons (eg knives)
• Films which portray antisocial behaviours (eg bullying) uncritically are likely to recieve more restrictive classifications
• If, taken as a whole, a film that actively promotes illegal behaviour will be cut or rejected
• Portrayals of potentially dangerous behaviour which children are likely to copy will be cut if a more restrictive classification is inappropriate

Horror

• While children enjoy the excitent of scary sequences, they must still be regulated
• Factors such as frequency, length and detail and horror effects (eg soundtrack) are taken into account
• It is also taken into account whether or not there is a reassuring outcome
• Older audiences like to be frightened or shocked by horror films and appropriate classifications are put on this catergory

Drugs

• No work taken as a whole should promote the misuse of drugs
• Any detailed portrayal of drug misuse or glamorisation of drug misuse may be cut
• Works which empahasise the dangers of drug misuse might be less restrictively catergorised than those which are neutral
• Where smoking, alcohol, or substance misuse feature significantly in a film aimed at children it will be indicated in the Consumer Advice and/or Extended Classification Information

Discrimation

• Potentially offensive content may occur in a wide range of films
• The BBFC take into account the strength and impact of its inclusion
• Context is also important and has a bearing on the classification
• If the discriminatory language and behaviour is criticised, or the work as a whole seeks to challenge such attitudes it might have a less restrivtive classification
• This also applies when the work is obviously dated

Main Issues Relating to Film Classification

There are 13 main issues that must be referred to when classifying films, these are:

1. Discrimination
2. Drugs
3. Horror
4. Imitable Behaviour
5. Language
6. Nudity
7. Sex
8. Sexual Language
9. Sexual Violence
10. Theme
11. Violence
12. Weapons
13. Imitable Technique

Overriding Factors

Other factors are also taken into consideration when classifying films, these are:

Context

• The expectations of the general public and especially the films intended audience
• The film's genre, for example a fantasy setting may lighten the content and therefore be judged more leniently
• The manner of presentation, for example language used aggressively may be jusdged more harshly than the same terms used in a comic way
• The intention of the film maker, for example if the work is intended to be educational
• The original production date of the film, for example outdated attitudes might be judged more leniently in an older and clearly dated work
• Any special merits of the work

Tone and Impact

• If a film has a generally dark of unsettling tone that may disturb the audience at that catergory it may receive a more restrictive classification
• This is especially relevant to borderline junior characters, taking into consideration the level of reality, the presentation of a despairing view of the world or a lack of clear moral perspective
• The impact of the film is also taken into account, for example in a horror film, threat may be considered more significant than violence

Release Format

• Classification may be stricter on video works than on film
• This is due to the increased possibility of underaged viewing and of films being viewed out of context
• A film will occassionally require different cuts or classification on video

Legal Considerations of the BBFC

A variety of different laws are relevant to the BBFC in their classification of films, these are:

Human Rights Act 1998

• Right of respect for private and family life
• Right to freedom of expression

The Licensing Act 2003

• Cinemas require a license from the local authority in which they operate
• This must include a condition that restricts children from being admitted to films restricted from them by the BBFC or local authorities classification

The Video Recordings Act 1984

• Video works supplied on disc, tape or any other device must be classified by the BBFC unless they fall within the definition of an exempted work

The Obscene Publications Act 1959 & 1964

• It is illegal to publish any work considered obscene
• A work is considered obscene when, taken as a whole, it has a tendency to deprave and corrupt
• However, no offence is commited if the publication is in the interest of science, art, literature or learning

Criminal Justice and Immigration Act 2006

• It is illegal to be in possession of an extreme pornographic image
• Works classified by the BBFC under the Video Recordings act are excluded from the scope of the offence

The Protection of Children Act 1978

• It is illegal to make, distribute, show or possess indecent photographs or pseudo-photographs of a child (a person under the age of 18)

The Sexual Offences Act 2003

• It is illegal to expose oneself with intent to cause alarm or distress
• It is illegal for a person to record the private act of another for the sexual gratification of himself or a third party where the recorded party has not consented to being filmed

The Public Order Act 1986

• It is illegal to distribute, show or play to the public a recording of visual images or sounds which are threatening, abusive or insulting if the intention is to encourage discrimination/hatred

The Cinematograph Films (Animals) Act 1937

• It is illegal to show any scene organised or directed for the purpose of the film that involves actual cruelty to animals
• According to the Animal Welfare Act 2006, only vertebrates which are domesticated or otherwise under the control of man are considered animals

The Animal Welfare Act 2006

• It is illegal to supply, publish or show a video recording of an animal fight that has taken place within Great Britain since 6th April 2007

The Tobacco Advertising and Promotion Act 2002

• It is illegal, in the course of a business, to publush a tabacco advert

General Principles of the BBFC

The BBFC follows two basic principles:

• Works should be allowed to reach to the widest audience that is appropriate
• Adults should be free to choose what they say as long as it remains within the law

These call in the considerations of:

• Whether the material is in conflict with the law
• Whether the material can cause harm to the concerned catergory, both physical and moral
• Whether the availability of the material to the concerned age group is broadly socially considered as unacceptable (this is especially relevant to bad language)

Who are the BBFC?

Who are the BBFC, what is their role and how are they funded?

• BBFC stands for British Board of Film Classification
• They are an independant, non-governmental company
• They classify films, DVDs and video games on the behalf of the local authorities
• They classify material according to a set of guidelines which is updated every 5 years
• These guidelines are available to the public
• They may suggest cuts or even reject material if it is considered unacceptable for any catergory
• They consult with the public in order to change their guidelines as society changes
• They are funded by charging film makers to have their films classified

Initial Reflections

Three things I found especially interesting in the first two lessons introduction to the topic:

• Local authorities can override the BBFC's classifications, which means that in some situations a film will be one certificate, or unavailable in one borough, but only a few streets away the rules will be different, somewhat defeating the point of the censorship (For example, Crash was banned in Westminster but was available in Camden)
• That while the BBFC is accountable not only to the industry and government, but also to the audiences of the films they classify, they do not take account of the opinions of the under 16s, despite the fact that they are one of the most effected age groups.
• The BBFC aren't government funded, but in fact charge the filmmakers to get their films and programmes classified, the price depending on the length of the work in question