Video Recordings Act 1984

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Video Recordings Act 1984
Act of Parliament
Royal Coat of Arms of the United Kingdom (Variant 1, 2022).svg
Long title An Act to make provision for regulating the distribution of video recordings and for connected purposes.
Citation 1984 c. 39
Introduced by Graham Bright MP
Territorial extent England and Wales
Scotland
Northern Ireland
Dates
Royal assent 12 July 1984
Commencement 1 September 1988
Repealed21 January 2010 (but immediately brought back)
Other legislation
Amended by
Repealed by Video Recordings Act 2010 (repealed and immediately brought back the 1984 Act)
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

The Video Recordings Act 1984 (c. 39) is an act of the Parliament of the United Kingdom that was passed in 1984. It states that commercial video recordings offered for sale or for hire within the UK must carry a classification that has been agreed upon by an authority designated by the Home Office. The British Board of Film Classification (BBFC), which had been instrumental in the certification of motion pictures since 1912, was designated as the classifying authority in 1985. Works are classified by the BBFC under an age-rated system (see motion picture rating systems); it is an offence under the Act to supply video works to individuals who are (or appear to be) under the age of the classification designated. Works that are refused classification cannot, under the Act, be legally sold or supplied to anyone of any age unless it is educational, or to do with a sport, religion or music and does not depict violence, sex or incite a criminal offence. The BBFC may also require cuts to be made, either to receive a certain age rating, or to be allowed a classification at all.

Contents

History

Leadup

The act was a legislative reaction to a moral panic concerning "video nasties" that was sparked by tabloid newspapers in Britain during 1982 and 1983.

Early history and follow-ups

Sport, music, religious, and educational works are exempt from classification under the Act. Exemption may be forfeited if the work depicts excessive human sexual activity or acts of force or restraint associated with such activity, mutilation or torture of humans or animals, human genital organs or urinary or excretory functions, or techniques likely to be useful in the perpetration of criminal acts or illicit activity.

The Act was accompanied by the Video Recordings (Labelling) Act 1985, which set out regulations governing the display of certificates awarded by the BBFC on published recordings.

The act was amended in the Video Recordings Act 1993 but underwent no significant changes. It was amended again in the Criminal Justice and Public Order Act 1994 to deal with the growing issue of "video violence". In addition, the amendment extended the definition of a video recording to any device capable of storing electronic data, which invariably includes works available on DVD as well as CD and CD-ROM, although the amendment exempts video games (except if they depict criminal activity which is likely to any significant extent to stimulate or encourage the commission of offences). The current labelling regulations are The Video Recordings (Labelling) Regulations 2012.

Discovery of loophole and replacement

In August 2009 it was discovered that the Act was unenforceable as the European Commission was not notified about it, as required by Directive 83/189 (see now Directive 98/34). Directive 83/189 had to be implemented by 31 March 1984 (12 months after its notification to the member states). Until this situation was rectified, it was legal to sell and supply unclassified videos and computer games, although many retailers had agreed to observe the regulations voluntarily. Then pending prosecutions under the Act were abandoned, but the government claimed that past convictions could not be challenged. The government's view was upheld in 2010 when two appeals against earlier convictions were dismissed. [1] [2] [3] [4]

In December 2009 the government introduced new legislation, the Video Recordings Act 2010, [5] which repealed and immediately revived the Video Recordings Act 1984, after the required notification was provided to the European Commission in October 2009. This legislation, which was enacted under the "fast-track" procedure (and therefore was expedited through Parliament [6] ), made the 1984 Act enforceable once again, as well as allowing it to be amended by the Digital Economy Act 2010. In December 2014 streaming and on-demand services were brought under the remit of this act via the Audiovisual Media Services Regulations 2014.

See also

Related Research Articles

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.

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

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<span class="mw-page-title-main">Irish Film Classification Office</span> Irish censorship and classification within Ireland

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<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.

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

<span class="mw-page-title-main">E certificate</span> Unofficial British content rating

In British film classifications, the E certificate is an unofficial rating sometimes applied to video titles released in the United Kingdom which are exempt from being classified by the British Board of Film Classification (BBFC) as any of the other certificate categories.

<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.

<i>Video Nasties: Moral Panic, Censorship & Videotape</i> 2010 British film

Video Nasties: Moral Panic, Censorship & Videotape is a 2010 documentary about the Video Nasties controversy of the early 1980s. It was premiered at London FrightFest in August 2010 and followed by a panel discussion which included producer Marc Morris and director Jake West of Nucleus Films, professor Martin Barker and film director Tobe Hooper. In 2014 the documentary was followed by Video Nasties: Draconian Days, which covered the period from 1984 to 1989 after the introduction of the Video Recordings Act 1984. The two documentaries have contributed to a greater understanding of the Video Nasties phenomenon, and the box sets include archive material, trailers, and analysis from a range of academics, actors and journalists, including CP Lee, Stephen Thrower, Brad Stevens, Julian Petley, Xavier Mendik, Patricia MacCormack. Allan Bryce, Emily Booth.

Martin Barker was a British scholar of media studies and cultural studies. He was an Emeritus Professor at Aberystwyth University, having previously taught at the University of the West of England and the University of Sussex. Over the course of his career he wrote or co-edited fifteen books. He was known for being one of the pioneers behind the concept of cultural racism, which he termed "new racism".

References

  1. R v Budimir and Another; Interfact v Liverpool City Council [2010] EWCA Crim 1486
  2. Whitehead, Tom (24 August 2009). "Selling illegal DVDs not illegal because of blunder". The Daily Telegraph. London. Archived from the original on 27 August 2009. Retrieved 27 May 2010.
  3. Ford, Richard (25 August 2009). "Error leaves children unprotected under 1984 Video Recordings Act". The Times. London. Retrieved 27 May 2010.
  4. "Loophole over DVD age rating law". BBC News. 25 August 2009. Retrieved 27 May 2010.
  5. "Video Recordings Bill". publications.parliament.uk. Retrieved 3 August 2021.
  6. "Fast-track legislation". www.parliament.uk. 12 November 2012.

Further reading