Act of Parliament | |
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Long title | An Act to make provision for regulating the distribution of video recordings and for connected purposes. |
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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 |
Repealed | 21 January 2010 (but immediately brought back) |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Repealed by | Video Recordings Act 2010 (repealed and immediately brought back the 1984 Act) |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Text of statute as originally enacted | |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.
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.
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.
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.
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 in the early 1980s that were criticised by the press, social commentators, and various religious organisations for their violent content. 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.
R18 is a film and 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.
The Office of Film and Literature Classification, branded as the Classification Office, is an independent Crown entity established under Films, Videos, and Publications Classification Act 1993 responsible for censorship and classification of publications in New Zealand. A "publication" is defined broadly to be anything that shows an image, representation, sign, statement, or word. This includes films, video games, books, magazines, CDs, T-shirts, street signs, jigsaw puzzles, drink cans, and slogans on campervans. The Chief Censor, Caroline Flora, is the chair of the Office.
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In Ireland, the state retains laws that allow for censorship, including specific laws covering films, advertisements, newspapers and magazines, as well as terrorism and pornography, among others. In the early years of the state, censorship was more widely enforced, particularly in areas that were perceived to be in contradiction of Catholic dogma, including abortion, sexuality and homosexuality. The church had banned many books and theories for centuries, listed in the Index Librorum Prohibitorum.
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.
The Irish Film Classification Office (IFCO) is the organisation responsible for films, television programmes, and some video game classification and censorship within Ireland. Where restrictions are placed by the IFCO, they are legally binding.
James Alan Ferman was an American-British television and theatre director. He was the Secretary of the British Board of Film Classification from 1975 to 1999.
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.
Film censorship is the censorship of motion pictures, either through the excising of certain frames or scenes, or outright banning of films in their entirety. Film censorship typically occurs as a result of political or moral objections to a film's content; controversial content subject to censorship include the depiction of graphic violence, sexual situations, or racial themes. Censorship standards vary widely by country, and can vary within an individual country over time.
The Cinematograph Act 1909 is an Act of the Parliament of the United Kingdom. It was the first primary legislation in the UK which specifically regulated the film industry. It unintentionally provided the legal basis for film censorship, leading to the establishment of the British Board of Film Censors in 1912.
Internet censorship in the United Kingdom is conducted under a variety of laws, judicial processes, administrative regulations and voluntary arrangements. It is achieved by blocking access to sites as well as the use of laws that criminalise publication or possession of certain types of material. These include English defamation law, the Copyright law of the United Kingdom, regulations against incitement to terrorism and child pornography.
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.
The British Board of Film Classification (BBFC) 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.
Section 63 of the Criminal Justice and Immigration Act 2008 is a law in the United Kingdom criminalising possession of what it refers to as "extreme pornographic images". The law came into force on 26 January 2009. The legislation was brought in following the murder of Jane Longhurst by a man who was said at the time of his trial to have had "extreme pornography" in his possession at the time of the death. The law has been more widely used than originally predicted, raising concerns as to whether the legislation is being used for prosecutions beyond the scope originally envisaged by parliament.
A pre-certification video is any videotape or laserdisc issued in the UK before the introduction of the 1984 Video Recordings Act.
The Authority for Television on Demand (ATVOD) was an industry body designated by Ofcom as the "co-regulator" of television on demand (VOD) in the UK from 2010 until 2015. ATVOD was founded following a European Union directive on the regulation of audiovisual media. It was responsible for regulating on-demand services such as ITV Player and Channel 4's All 4, as well as paid-for content on websites which were deemed to be "tv-like". ATVOD's role with regard to VOD ended on 31 December 2015, when the function was taken over by Ofcom directly.
Video Nasties: Moral Panic, Censorship & Videotape is a 2010 British documentary film 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".