David Cooke, the
director of the BBFC, and Peter Johnson, Head of Policy had a session in
the House of Commons with the Culture, Media And Sport Committee: New
Media And The Creative Industries.
David Cooke
Our fundamental concern is about what might happen in the future,
starting right now when things could be very different and we would face
not so much a loophole but possibly a bypassing of the Video Recordings
Act in quite a major way. Let me just try and explain this. Last year
17,000 titles were classified by the BBFC
and 13,000 of those were DVDs, so that is very much the bulk of our
business at the moment. In principle, all of those titles could at some
point in the future migrate to distribution by download rather than in
physical format.
Lawyers disagree about what precisely the impact of the Video
Recordings Act is in that situation, but I think that the general view
is that the Video Recordings Act probably would not bite. That has not
been tested in the courts yet.
That could produce a situation in which our current, we believe,
quite well respected and trusted system of age ratings and consumer
advice would cease to apply and we know from our workload at the moment
that there would be some very abusive material included in that content,
and we have given some examples of some of that in our evidence.
Self-regulation would obviously apply in that context but the question
is really do we believe that that would be adequate or would we be in
the kind of situation that we faced in the early 1980s with the concerns
on video nasties.
We think that there are probably two broad approaches to tackling
this problem.
We are certainly not pitching to trespass on anybody else's patch or
to rub up against other regulators and we are certainly not pitching to
try and regulate all downloads, which will constitute a huge and
variegated mass of material, but we do think it would be possible to
look quite carefully to seek to identify that part of the download
market which would be very similar to DVD retail and DVD rental and to
seek to bring that within the Video Recordings Act. That would be one
approach. We can well see that that would be controversial and would be
against the tenor of some of the other discussions you have had in the
Committee.
Another approach which could be considered, either in conjunction or
separately, would be to look at what kind of co-regulatory offerings
were possible in this new environment. We believe that our expertise and
the trust which BBFC ratings
and consumer advice have and the high recognition factor that our
ratings have, are the kinds of things that would enable us to play a
part.