Friday 18 February 2011

Classification - R18

- R18 films are to be shown only in specially licensed cinemas, or supplied only in licensed sex shops, and to adults of not less than 18 years
- The 'R18' category is a special and legally restricted classification primarily for explicit works of consenting sex or strong fetish material involving adults
- Films may only be shown to adults in specially licensed cinemas, and video works may be supplied to adults only in licensed sex shops
- 'R18' video works may not be supplied by mail order

The following content is not acceptable:
  • any material which is in breach of the criminal law, including material judged to be obscene under the current interpretation of the Obscene Publications Act 1959
  • material (including dialogue) likely to encourage an interest in sexually abusive activity (for example, paedophilia, incest or rape) whcih may include adults role-playing as non-adults
  • the portrayal of any sexual activity which involves lack of consent (whether real or simulated). Any form of physical restraint which prevents participants from indicating a withdrawal of consent
  • the infliction of pain or acts which may cause lasting physical harm, whether real or (in a sexual context) simulated. Some allowance may be made for moderate, non-abusive, consensual activity
  • penetration by an object associated with violence or likely to cause physical harm
  • any sexual threats, humiliation or abuse which does not fom part of a clearly consenting role-playing game. Strong physical or verbal abuse, even if consensual, is likely to be acceptable
These Guidelines will be applied to the same standard regardless of sexual orientation

Classification - 18

- 18 films are suitable only for adults
- No-one younger than 18 may see an '18' film in a cinema
- No-one younger than 18 may rent or buy an '18' rated video

In line with the consistent findings of the BBFC's public consultations and The Human Rights Act 1998, at '18' the BBFC's guideline concerns will not normally override the principle that adults should be fee to choose their own entertainment. Exceptions are most likely in the following areas;
  • where the material is in breach of the criminal law, or has been created through the commission of a criminal offence
  • wher material or treatment appears to the BBFC to risk harm to individuals or, through their behaviour to society - for example, any detailed portrayal of violent or dangerous acts, or of illegal drug use, which may cause harm to public health or morals. This may include portrayals of sexual or sexualised violence which might, for example, eroticise or endorse sexual assault
  • where there are more explicit images of sexual activity which cannot be justified by context. Such images may be appropriate in 'R18' works, and in 'sex works' would normally be confined to that category
In the case of video works (including video games), which may be more accessible to younger viewers, intervention may be more frequent than for cinema films

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'
Sex works are works whose primary purpose is sexual arousal or stimulation. Sex works containing only material which may be simulated ae generally passed '18'. 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 the 'R18' category. Material which is unacceptable in a sex work at 'R18' is also unacceptable in a sex work at '18'

Classification - 15

- 15 films are suitable only for 15 years and over
- No one younger than 15 may see a '15' film in a cinema
- No one younger than 15 may rent or buy a '15' rated video work

Criteria:
Discrimination - The work as a whole must not endorse discriminatory language or behaviour
Drugs - Drug taking may be shown but the film as a whole must not promote or encourage drug misuse. The misuse of easily accessible and highly dangerous substances (for example, aerosols or solvents) is unlikely to be acceptable
Horror - Strong threat and menace are permitted unless sadistic or sexualised
Imitable Behaviour - Dangerous behaviour (for example, hanging, suicide and self-harming) should not dwell on detail which could be copied. Easily accessible weapons should not be glamorised
Language - There may be frequent use of strong language (for example, 'fuck'). The strongest terms (for example, 'cunt') may be acceptable if justified by the context. Aggressive or repeated use of the strongest language is unlikely to be acceptable
Nudity - Nudity may be allowed in a sexual context but without strong detail. There are no constraints on nudity in a non-sexual or educational context
Sex - Sexual activity may be portrayed without strong detail. There may be strong verbal references to sexual behaviour, but the strongest references are unlikely to be acceptable unless justified by context
Theme - No theme is prohibites, provided the treatment is appropriate for 15 year olds
Violence - Violence may be strong but should not dwell on the infliction of pain or injury. The strongest gory images are unlikely to be acceptable. Strong sadistic or sexualised violence is also unlikely to be acceptable. There may be detailed verbal references to sexual violence but any portrayal of sexual violence must be discreet and have a strong contextual justification

Classification - 12A/12

- 12A/12 films should be suitable for 12 years and over
- Exactly the same criteria are used to classify works at '12A' and '12'
- These categories are awarded where the material is suitable, in general, for those aged 12 and over
- Works classified at these categories may upset children under 12 or contain material which many parents will find unsuitable for them
- The '12A' category exists only for cinema films
- No one younger than 12 may see a '12A' film in a cinema unless accompanied by an adult - and they are not recommended to those below 12
- An adult may take a younger child if, in their judgement, the film is suitable for that particular child
- The '12' category exists only for video works
- No one younger than 12 may rent or buy a '12' rated video work

Criteria:
Discrimination - Discriminatory language or behaviour must not be endorsed by the work as a whole. Aggressive disriminatory language or behaviour is unlikely to be acceptable unless clearly condemned
Drugs - Any misuse of drugs must be infrequent and should not be glamorised or give instructional detail
Horror - Moderate physical and psychological threat may be permitted, provided disturbing sequences are not frequent or sustained
Imitable Behaviour - Dangerous behaviour (for example, hanging, suicide and self-harming) should not dwell on detail which could be copied, or appear pain or harm free. Easily accessible weapons should not be glamorised
Language - Moderate language is allowed. The use of strong language (for example, 'fuck') must be infrequent
Nudity - Nudity is allowed, but in a sexual context must be brief and discreet
Sex - Sexual activity may be briefly and discreetly portrayed. Sex references should not go beyond what is suiatble for young teenagers. Frequent crude references are unlikely to be acceptable
Theme - Mature themes are acceptable, but their treatment must be suitable for young teenagers
Violence - Moderate violence is allowed but should not dwell on detail. There should be no emphasis on injuries or blood, but occasional gory moments may be permitted if justified by the context. Sexual violence may only be implied or briefly and discreetly indicated, and must have a strong contextual justification

Classification - PG (Parental Guidance)

- PG films are for general viewing, but some scenes may be unsuitable for young children
- Unaccompanied children of any age may watch
- A 'PG' film should not disturb a child aged around eight or older
- Parents are advised to consider whether the content may upset younger or more sensitive children

Criteria:
Discrimination - Discriminatory language or behaviour is unlikely to be acceptable unless clearly disapproved of or in an educational or historical context. Discrimination by a character with which children can readily identify is unlikely to be acceptable
Drugs - References to illegal drugs or drug misuse must be innocuous or carry a suitable anti-drug message
Horror - Frightening sequences should not be prolonged or intense. Fantasy settings may be a mitigating factor
Imitable Behaviour - No detail of potentially dangerous behaviour which young children are likely to copy. No glamorisation of realistic or easily accessible weapons
Language - Mild bad language only
Nudity - Natural nudity, with no sexual content
Sex - Sexual activitiy may be implied, but should be discreet and infrequent. Mild sex references and innuendo only
Theme - Where more serious issues are featured (for example, domestic violence) nothing in their treament should condone unacceptable behaviour
Violence - Moderate violence, without detail, may be allowed, if justifiedby its context (for example, history, comedy or fantasy)

Classification - U (Universal)

- Universal films are suitable for audiences of all ages
- It is impossible to predict what might upset a child but a universal film should be suitable for audiences aged four and over
- Universal films should be set within a positive mental framework and offer reassuring counterbalances to any violence, threat or horror
- If a work is particularly suitable for a pre-school child to view alone, it will be indicated in the consumer advice

Criteria:
Discrimination - No discriminatory language or behaviour unless clearly disapproved of
Drugs - No references to illegal drugs or drug misues unless they are infrequent and innocuous, or there is a clear educational purpose or anti-drug message suitable for young children
Horror - Scary sequences should be mild, brief and unlikely to caude undue anxiety to young children. The outcome should be reassuring
Imitable Behaviour - No potentially dangerous behaviour which young children are likely to copy. No emphasis on realistic or easily accessible weapons
Language - Infrequent use only of very mild bad language
Nudity - Occasional natural nudity, with no sexual content
Sex - Mild sexual behaviour (for example, kissing) and references only (for example, to 'making love)
Theme - While problematic themes may be present, their treatement must be sensitive and appropriate for young children
Violence - Mild violence only. Occasional mild threat or menace only

Classification Categories

The BBFC endeavours to classify submitted works in one of the following categories;

U (Universal) - Suitable for all
PG (Parental Guidance) - General Viewing but some scenes unsuitable for young children
12A/12 - Suitable for 12 years and over
15 - Suitable only for 15 years and over
18 - Suitable only for adults
R18 (Restricted) - Only shown in specially licensed cinemas

Each individual work must be considered, with the guidlines being taken into account. However, they are classified based on an interpretation of the guidlines, not in an over-literal way - this is to make sure that all works are given the chance to be seen by the widest audience suitable. By interpreting the guidelines rather than rigidly following them, films and other video works are given the best chance of achieving maximum profit.

Thursday 10 February 2011

The List of Main Issues

The 13 main issues are as follows;

1. Discrimination
2. Drugs
3. Horror
4. Imitable behaviour
5. Criminal behaviour (I've grouped this with Imitable Behaviour)
6. Weapons (I've grouped this with Imitable Behaviour)
7. Language
8. Nudity
9. Sexual references (I've grouped this with Nudity)
10. Sex
11. Theme
12. Violence
13 Sexualised violence (I've grouped this with Violence)

Wednesday 9 February 2011

Main Issues - Violence

Violence is one of the main concerns when it comes to classifying a film, the following have to be taken into account;
- Violence has always been a feature of entertainment for children and adults
- The degree and nature of any violence must be taken into consideration when a film is being classified
- More restrictive classifications will be given to works which feature; portrayal of violence as a normal solution to problems, heroes who inflict pain and injury, callousness towards victims, the encouragement of aggressive attitudes, and content which depicts characters taking pleasure in pain or humiliation
- Sexual violence or works which glorify or glamorise violence will receive a more restrictive classification and may even be cut
- A strict policy on sexual violence and rape is applied
- Content which may eroticise or endorse sexual violence may require cuts at any classification level

Main Issues - Themes

Themes are one of the main concerns when it comes to classifying a film, the following have to be taken into account;
- Classification decisions will take into account the theme of a work, but will depend significantly on the treatment of that theme, and the sensitivity of its presentation
- The most problematic themes (especially drug abuse, sexual violence, paedophilia, incitement to racial hatred or violence) are unlikely to be appropriate at the lower classification levels
- There is no reason why most themes could not be presented in a manner which allowed classification at 15 or 18

Main Issues - Sex

Sex is one of the main concerns when it comes to classifying a film, the following have to be taken into account;
- The portrayal of sexual activity can range from kissing and verbal references to 'making love' to detail of real sex
- As the classification category rises, so does the progressively stronger portrayals of sex content
- Sex works (whose primary purpose is sexual arousal) are likely to be passed only in the adult categories
- Content containing material which may be simulated are generally rated '18'
- 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 the 'R18' category
- 'R18' video works may be supplied only in licensed sex shops and can only be shown in specially licensed cinemas - restrictions in place to make sure they are not viewed by under 18's

Main Issues - Nudity

Nudity is one of the main concerns when it comes to classifying a film, the following have to be taken into account;
- Natural nudity with no sexual context is acceptable at all classification levels
- In the lowest classification category (Universal), nudity will not occur more than occasionally
- Nudity with a sexual context will receive a more restrictive  classification and strong detail in such a context will only be passed in the adult categories

Main Issues - Language

Language is one of the main concerns when it comes to classifying a film, the following have to be taken into account;
- Many people are offended by bad language and swearing
- This may include the use of expletives with a sexual, religious or racial association, offensive language about minority groups and commonly understood rude gestures
- It would be impossible to set out comprehensive lists of words, expressions or gestures which are acceptable at each category
- The advice at different classification levels provides a general guidance, taking account of the views expressed in public consultation exercises

Main Issues - Imitable Behaviour

Imitable Behaviour is one of the main concerns when it comes to classifying a film, the following have to be taken into account;
- Any detailed portrayal of criminal and violent techniques (glamorisation of easily accessible weapons etc) need to be taken into consideration when classifying a film
- Portrayal of anti-social behaviour (such as bullying) must also be taken into consideration, and if the work takes an uncritical stance on such content, they are more likely to receive a more restrictive classification
- The promotion of illegal behaviour is likely to be cut or rejected
- Portrayals of potentially dangerous behaviour (such as hanging, suicide and self-harm) which children and young people are likely to copy, will be cut if a more restrictive classification is not appropriate

Main Issues - Horror

Horror is one of the main concerns when it comes to classifying a film, the following have to be taken into account;
- Frightening elements which may be scare or unsettle an audience are key components of story telling and film making
- Many children enjoy the excitement of scary sequences
- Where aimed at a younger audience, classification decisions will take into account factors such as frequency, length and detail of scary scenes
- Other factors taken into account when classifying a horror film are horror effects, including music and sound, and whether there is a swift and reassuring outcome
- Older audiences like being frightened and shocked, in order to prevent young or vulnerable audiences from being harmed, suitable classifications are needed for horror films

Main Issues - Drugs

Drug content is one of the main concerns when it comes to classifying a film, the following have to be taken into account;
- No work as a whole may promote the misuse of drugs
- Any detailed portrayal of drug misuse likely to promote or glamorise drugs may be cut
- If the work shows drug misuse while emphasising the dangers, it may receive less restrictive classifications
- Consumer Advice will indicate when smoking, alcohol abuse or substance misuse feature to a significant extent, especially in works which appeal to children
- Classification decisions will also take into account any promotion or glamorisation of such activities

Main Issues - Discrimination

Discrimination is one of the main concerns when it comes to classifying a film, the following have to be taken into account;
- Potentially offensive content, relating to such matters as race, gender, religion, disability or sexuality
- The classification decision will take account of the strength or impact of its inclusion
- The context of the content also has a bearing on the classification
- If the inclusion of the content is implicitly or explicitly criticised, the film may receive a less restrictive category
- If the work as a whole seeks to challenge such attitudes or obviously dated the film also may receive a less restrictive category

Overriding Factors

- There are certain overarching factors that may influence a classification decision at any level and in connection with any issue.
- These factors are of particular importance when a work lies on the borderline between two categories.
- The guidance set out under "The Categories" should therefore be read in the light of the more general advice offered here and under "Main Issues" and "General Principles".

Legal Considerations

- Human Rights Act 1998 - among the rights established under this act are the right of respect for private and family life and the right to freedom of expression
- The Licensing Act 2003 - cinema require a license from the loval authority in which they operate
- The Video Recordings Act 1984 - films tv programmes video games must be classified by the BBFC
- The Obscene Publications Act 1959 & 1964 - it is illegal to publish a work which is obscene
- Criminal Justice and Immigration Act 2008 - it is illegal to be in possession of an extreme pornographic image
- The Protection of Children Act 1978 - it is illegal to make, distribute, show or possess indecent photographs of a child
- The Sexual Defence Act 2003 - it is illegal to expose oneself with intent to cause alarm or distress
- The Public Order Act 1986 - it is illegal to distribute, show or play to the public a recording of visual images of sound which are threatening, abusive or insulting
- The Cinematograph Films (Animals) Act 1937 - it is illegal to show any scene 'organised or directed' for the purposes of the film that involves actual cruelty to animals
- The Animal Welfare Act 2006 - it is illegal to supply, publish or show or possess with intent to supply a video recording of an animal fight
- The Tobacco Advertising and Promotion Act 2002 - it is illegal, in the course of a business, to publish a tobacco advertisement

General Principles Followed By The BBFC

The BBFC follow two guiding principles;
  1. That works should be allowed to reach the widest audience that is appropriate for their theme and treatment
  2. That adults should, as far as possible, be free to choose what they see, provided that it remains within the law and is not potentially harmful
They also have to then consider three main qualifications, which are in brief to do with conflicts with the law, whether the material may cause harm (including moral and potential viewer harm) and whether the material is unacceptable for the age group

The BBFC; Who Are They, What Is Their Role, How Are They Funded?

- BBFC stands for 'The British Board of Film Classification
- The BBFC is an independent, non-governmental body
- It is funded through the fees it charges to those who submit films and video works for classification
- The BBFC classifies films on behalf of the local authorities who license cinemas under the Licensing act 2003
- The BBFC classifies video works which are released as video recordings under the Video Recordings Act 1984
- The BBFC classifies video works which are distributed other than as a video recording (eg. by means of download or internet streaming)
- The BBFC will not classify material which it believes to be in breach of the criminal law
- Their guidelines are not a legal document and should be interpreted in the spirit of what is intended
- The guidelines, and the BBFC's practice in applying them, have particular regard to any changes in public taste, attitudes, and concerns; changes in the law; or new evidence from research or expert sources; and will be reviewed periodically

Reflections On Lesson 1+2

These lessons served as an introdution to film regulation in the media industry. I learnt a lot that I didn't know beforehand and below are three things that I found most interesting;

- There are five institutions that regulate the media industry as a whole, 'The Media Police'
       Ofcom - which regulate television, radio and 'communications industries'
       BBFC - which regulate film, DVD and video games
       PCC - which regulate newspapers and magazines
       ASA - which regulate adverts and the advertising industry
       BBC Trust - which regulate the BBC output (self-regulated)

- The BBFC's guidelines are reviewed and updated every five years to keep up with the public's expectations. This prevents outdated guidelines from restricting films profit margins by not reaching the right audience

- Local authorities have the right to overturn the BBFC's decisions. In 2002, after public outrage at its 12 certificate, local authorities decided to go against the BBFC and show Spider-Man to a younger audience. This caused the BBFC to review their guidelines and come up with the new 12A certificate