R18 (British Board of Film Classification)

Last updated
BBFC R18 category symbol, used since 2019 BBFC R18 2019.svg
BBFC R18 category symbol, used since 2019

R18 (Restricted 18) is a film or video classification given by the British Board of Film Classification (BBFC). It is intended to provide a classification for works that do not breach UK law, but exceed what the BBFC considers acceptable in the 18 category. In practice, this means hardcore pornography.

Contents

Under the terms of the 1984 Video Recordings Act all non-exempt videos sold or distributed within the UK must be given a certificate by the BBFC. The distributor must decide whether a video is exempt. [1] Uncertificated recordings are not illegal, regardless of content (except where the content itself is illegal), but supply (i.e. sale, rental, loan or gift) of them is. The R18 certificate is the most restrictive of the certificates, allowing films in the category to be shown only in specially licensed cinemas, or sold in licensed sex shops; admission to R18-rated films or sale of R18-rated recordings is restricted to persons aged 18 years and over. [2]

Background

R18 symbol used from 2002 until 2019 BBFC R18.svg
R18 symbol used from 2002 until 2019

The R18 category was created in 1982 in response to the recommendations in 1979 of the Home Office Committee on Obscenity and Film Censorship chaired by Sir Bernard Williams. Originally, the R18 classification was only used for films featuring simulated sex only, but the BBFC found itself forced to award R18 certificates to hardcore films in 2000 after a series of legal appeals and a judicial review of those appeals.

The introduction of the R18 certificate for hardcore films is widely seen by observers as a reaction to more liberal attitudes in British society to pornography, the de facto legalisation of the import of hardcore pornography (but not its sale) across EU member countries because of customs law harmonisation, and the widespread availability of unregulated pornography over the Internet.

Most cuts made by the BBFC are in the R18 category (e.g., 13.6% of R18 videos were cut in 2011, compared with 7.5% for the 18 category, and 0.5% or less for other categories). [3] [4] On the BBFC website, R18-rated works are filtered out of the main public search (unless an option to show them is selected) as their titles frequently contain profanity and/or vulgar language. [5]

Regulation of content

The BBFC specifies in detail what kinds of acts are permitted to be depicted in works receiving an R18 certificate, and which are not. In particular, it prohibits: [6]

Although R18 does allow for the depiction of most consensual sex acts such as vaginal sexual intercourse, oral sex, masturbation, anal sex and some moderate BDSM between any combination of men and women, the following is prohibited:

The acts include those deemed likely to contravene the Obscene Publications Act 1959. Depiction of urolagnia, fisting and various hardcore BDSM acts were deemed legal in January 2012 in R v Peacock. Following a public consultation, the Crown Prosecution Service published guidelines in 2019 indicating that pornography depicting consenting adults engaged in legal acts would no longer be prosecuted under the Act, provided no serious harm was caused and the likely audience was over the age of 18.; [8] it is unclear as to whether the BBFC will revise its guidelines, but they announced that they are discussing what to do next. [9]

Films given the R18 certificate may only be exhibited in licensed cinemas and can only be sold on physical media direct to the buyer in person in licensed sex shops. [6] Ofcom also prohibit the transmission of R18 material as part of a television broadcast, although these restrictions do not apply to hotel television systems which are not regulated by Ofcom. [10]

The BBFC do not have jurisdiction over content distributed via non-physical media; however, in 2014 the Audiovisual Media Services Regulations 2014 amended the Communications Act 2003 to extend the statutory and legal obligations for the distribution of R18 content to "on-demand" programme services, such as streaming media/video on demand over the internet or mobile phone networks and web-based platforms. [10] [11] The revisions make it a criminal offence to not adequately restrict access to works rated R18 by the BBFC—or any work that would be likely to receive a R18 classification if it were submitted—to those aged over 18. [11] These provisions are only applicable to services whose principal purpose is to provide content that is comparable to what is normally found in television services and if the service enables the user to select the programme and permits viewing at a time chosen by them. [12]

Recent developments

In 2004 a group of video distributors appealed to the Video Appeals Committee (VAC) against the BBFC's decision to award R18 certificates to 9 films that the distributors wished to be reclassified as 18. A press release issued by the BBFC on 20 July 2005 announced that the VAC had dismissed that appeal. [13]

The BBFC has previously granted 18 certificates for movies containing short scenes of unsimulated sex, such as Catherine Breillat's Romance (in 1999), Virginie Despentes's Baise Moi (in 2000), Patrice Chéreau's Intimacy (in 2001), Michael Winterbottom's 9 Songs (in 2004), short-film compilation Destricted (in 2006), and in 2008 the hardcore version of Tinto Brass's Caligula was passed uncut for DVD with an 18. [14]

The Digital Economy Act 2017 includes powers to require age-verification for pornographic Internet sites and the government accepted an amendment to allow the regulator to require ISPs to block access to non-compliant sites. [15] As the BBFC are expected to become the regulator, this has caused discussion about ISPs being required to block Internet pornography that would be prohibited under an R18 certificate, [15] [16] the prohibition of some of which is itself controversial. [16]

See also

Related Research Articles

<span class="mw-page-title-main">Urolagnia</span> Paraphilia associated with urine or urination

Urolagnia is a paraphilia in which sexual excitement is associated with the sight or thought of urine or urination. The term has origins in the Greek language. Golden shower is slang for the practice of urinating on another person for sexual pleasure.

Video nasty is a colloquial term popularised by the National Viewers' and Listeners' Association (NVALA) in the United Kingdom to refer to a number of films, typically low-budget horror or exploitation films, distributed on video cassette that were criticised for their violent content by the press, social commentators, and various religious organisations in the early 1980s. These video releases were not brought before the British Board of Film Classification (BBFC) due to a loophole in film classification laws that allowed videos to bypass the review process. The resulting uncensored video releases led to public debate concerning the availability of these films to children due to the unregulated nature of the market.

This article chronicles the history of British film certificates.

<i>Baise-moi</i> 2000 film by Virginie Despentes and Coralie Trinh Thi

Baise-moi is a 2000 French crime thriller film written and directed by Virginie Despentes and Coralie Trinh Thi and starring Karen Lancaume and Raffaëla Anderson. It is based on the novel by Despentes, first published in 1993. The film received intense media coverage because of its graphic mix of violence and explicit sex scenes. Consequently, it is sometimes considered an example of the "New French Extremity".

<span class="mw-page-title-main">Pornography laws by region</span> Legality of pornography

Pornography laws by region vary throughout the world. The production and distribution of pornographic films are both activities that are lawful in many, but by no means in all countries so long as the pornography features performers aged above a certain age, usually 18 years. Further restrictions are often placed on such material.

<span class="mw-page-title-main">18 (British Board of Film Classification)</span> Given to films with content deemed suitable only for adults

The 18 certificate is issued by the British Board of Film Classification (BBFC), to state that in its opinion, a film, video recording, or game is suitable only for persons aged 18 years and over. It recommends that no one below that age should be admitted to view a film with an 18 certificate in a cinema, and that 18-rated video recordings should not be sold or rented to anyone below that age.

<span class="mw-page-title-main">Obscene Publications Act 1959</span> United Kingdom legislation

The Obscene Publications Act 1959 is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity in England and Wales. Prior to the passage of the Act, the law on publishing obscene materials was governed by the common law case of R v Hicklin, which had no exceptions for artistic merit or the public good. During the 1950s, the Society of Authors formed a committee to recommend reform of the existing law, submitting a draft bill to the Home Office in February 1955. After several failed attempts to push a bill through Parliament, a committee finally succeeded in creating a viable bill, which was introduced to Parliament by Roy Jenkins and given royal assent on 29 July 1959, coming into force on 29 August 1959 as the Obscene Publications Act 1959. With the committee consisting of both censors and reformers, the actual reform of the law was limited, with several extensions to police powers included in the final version.

This is a list of topics related to pornography in the United Kingdom.

<span class="mw-page-title-main">Pornography in Europe</span>

Pornography has been dominated by a few pan-European producers and distributors, the most notable of which is the Private Media Group that successfully claimed the position previously held by Color Climax Corporation in the early 1990s. Most European countries also have local pornography producers, from Portugal to Serbia, who face varying levels of competition with international producers. The legal status of pornography varies widely in Europe; its production and distribution are illegal in countries such as Ukraine, Belarus and Bulgaria, while Hungary has liberal pornography laws.

<span class="mw-page-title-main">Film censorship</span> Films that are banned in a particular country

Film censorship is carried out by various countries to differing degrees, sometimes as a result of powerful or relentless lobbying by organizations or individuals. Films that are banned in a particular country change over time.

In the United Kingdom, pornography is regulated by a variety of laws, regulations, judicial processes, and voluntary schemes. Pornographic material generally has to be assessed by regulators or courts to determine its legality. British censorship laws with regard to pornography have often been some of the most restrictive in Western Europe.

<span class="mw-page-title-main">British Board of Film Classification</span> British film classification organisation

British Board of Film Classification is a non-governmental organisation founded by the British film industry in 1912 and responsible for the national classification and censorship of films exhibited at cinemas and video works released on physical media within the United Kingdom. It has a statutory requirement to classify all video works released on VHS, DVD, Blu-ray, and, to a lesser extent, some video games under the Video Recordings Act 1984. The BBFC was also the designated regulator for the UK age-verification scheme which was abandoned before being implemented.

<span class="mw-page-title-main">Max Hardcore</span> American pornographic actor (1956–2023)

Paul F. Little was an American pornographic actor, producer, and director better known by his stage name Max Hardcore. He rose to prominence in 1992 with the film series The Anal Adventures of Max Hardcore, which in 1994 was awarded the X-Rated Critics Organization's award for Best Amateur or Pro-Am series. Former AVN writer, Gerrie Lim, has classified Hardcore's works as gonzo pornography and "testing the limits of acceptability". He was a member of the X-Rated Critics Organization's Hall of Fame. He spent two and a half years in prison (2009–2011), convicted in a trial for obscenity.

John Thompson Productions is a German pornographic film studio based in Berlin, Germany. The studio is best known for its bukkake-themed series German Goo Girls (GGG), but it has other series focusing on gang bangs, urolagnia and urophagia, BDSM, erotic humiliation and rough sex. The company is one of the best known and top selling German and European porn studios. John Thompson and his films have won or been nominated for several pornography awards, but the perceived extreme nature of its content has led to some of its films being banned in several countries.

An obscenity is any utterance or act that strongly offends the prevalent morality and social politics of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be used to indicate strong moral repugnance and outrage, vile, vigilance in conservation, or revenge. In expressions such as "obscene profits" and "the obscenity of war," ; misdirection. As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profanity, or the exploited child, human being or situation on display. It may also relate to a fear quotient in the public area affecting trend.

In People vs Freeman of 1988, the California Supreme Court stated that adult film production was to be protected as free speech under the First Amendment. They ruled that since such films did not include obscene images and indecency, and stayed within society's standards, the adult film industry should be granted the freedom of speech. Escaping highly regulated government intervention, regulation in the adult film industry has been limited to preventing child pornography. In the United States Code of Regulations, under title Title 18, Section 2257, no performers under the age of 18 are allowed to be employed by adult industry production companies. Failure to abide by this regulation results in civil and criminal prosecutions. To enforce the age entry restriction, all adult industry production companies are required to have a Custodian of Records that documents and holds records of the ages of all performers.

The Australian Classification Review Board is a statutory censorship and classification body overseen by the Australian Government. The corporate body is responsible for reviewing classification decisions made by the Australian Classification Board concerning films, video games and publications for exhibition, sale or hire in Australia. Review decisions need to be initiated by an appeal from a previous applicant, most commonly referred to as "aggrieved party", or a Federal or State Attorney-General.

A pre-certification video is any videotape or laserdisc issued in the UK before the introduction of the 1984 Video Recordings Act.

<i>R v Peacock</i>

R v Peacock was an English Crown Court case that was a test of the Obscene Publications Act 1959. In December 2009, the defendant, a male escort named Michael Peacock, had been charged by the Metropolitan Police for selling hardcore gay pornography that the police believed had the ability to "deprave or corrupt" the viewer, which was illegal under the Obscene Publications Act. He was subsequently acquitted through a trial by jury in January 2012.

<span class="mw-page-title-main">Audiovisual Media Services Regulations 2014</span> United Kingdom legislation

The Audiovisual Media Services Regulations 2014 is a statutory instrument of the Parliament of the United Kingdom that applies regulations to R18-rated pornography that is available through paid video on demand or other streaming platforms. Prior to the regulations coming into force, neither Ofcom nor the British Board of Film Classification (BBFC) had jurisdiction over such content. In force from 1 December 2014, these regulations were made by the Secretary of State in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

References

  1. "BBFC FAQ - What does the 'E' symbol mean, and it is an official category?". Archived from the original on July 24, 2008.
  2. "BBFC | BBFC".
  3. Statistics, BBFC, archived from the original on 6 January 2012, retrieved 28 November 2016
  4. Barnfield, Graham (27 August 2009). "Let's finally erase this 'law' from the statutes". Spiked Magazine. Retrieved 11 November 2015.
  5. "BBFC | BBFC".
  6. 1 2 "R18 | British Board of Film Classification". Bbfc.co.uk. Retrieved 2015-09-07.
  7. "Prime cuts". Index on Censorship. 2011-06-07. Retrieved 2015-09-07.
  8. "Pornography of adult consensual sex no longer taboo, says CPS". the Guardian. January 31, 2019.
  9. "Article about the Michael Peacock trial, the Obscene Publications Act, and what it means for cinema". Eye For Film. Retrieved 2015-09-07.
  10. 1 2 British Board of Film Classification (16 May 2007). "Memorandum submitted by the British Board of Film Classification". Culture, Media and Sport Committee . Retrieved 24 November 2014.
  11. 1 2 Ed Vaizey (4 November 2014). "The Audiovisual Media Services Regulations 2014". Department for Culture, Media and Sport. Retrieved 24 November 2014.
  12. "The Audiovisual Media Services Regulations 2009". Department for Culture, Media and Sport. 2009. Retrieved 24 November 2014.
  13. "BBFC press release 20 July 2005". Archived from the original on August 27, 2008.
  14. "Caligula". British Board of Film Classification. 26 August 2008. Retrieved 7 September 2015.
  15. 1 2 Fiveash, Kelly (24 November 2016). "UK ISPs may be forced to block porn sites that snub age checks, sex acts face ban". Ars Technica . Retrieved 24 November 2016.
  16. 1 2 Gayle, Damien (23 November 2016). "UK to censor online videos of 'non-conventional' sex acts". The Guardian . Retrieved 24 November 2016.