Don't smoke kids. Smoking addles the brain and you may turn into a barmy researcher

The analysis of hundreds of films released in the past decade found that young Britons see more cigarette use in movies than their US counterparts because the UK censors judge more films to be family friendly.

Researchers warn that the more smoking adolescents witness onscreen, the more their chances of taking up the habit increases, with those who see the most tobacco use about three times more likely to start smoking than those who watch the least.

The study, compiled by Dr Christopher Millett of Imperial College London and Professor Stanton Glantz of California University, advocated an overhaul of the ratings system: Awarding an 18 rating to films that contain smoking would create an economic incentive for motion picture producers to simply leave smoking out of films developed for the youth market.

The researchers assessed the number of onscreen smoking or tobacco occurrences in 572 top grossing films in the UK between 2001 and 2006, including 546 screened in the United States, plus 26 high-earning films released only in the UK. They then divided the total box office earnings of each film by the year's average ticket price to calculate the estimated number of tobacco impressions delivered to audiences for each film.

Among the films assessed, over two thirds featured tobacco. Of these more than nine out of ten were classified as suitable for adolescents (15 or 12A) under the British Board of Film Classification (BBFC) system.

The study, which will be published in Tobacco Control, found that in all, 5.07 billion tobacco impressions were delivered to UK cinema-going audiences during the period, of which 4.49 billion were delivered in 15 and 12A rated films. Because 79% of the films rated only for adults in the US (R) were classified as suitable for young people in the UK young Britons were exposed to 28% more smoking impressions in 15 or 12A rated movies than their US peers.

Dr Millett said: The decision to classify a film as appropriate for youths clearly has economic benefits for the film industry. A film classification policy that keeps on-screen smoking out of films rated suitable for youths … would reduce this exposure for people under 18 years of age and probably lead to a substantial reduction in youth smoking.

However, Sue Clark, spokeswoman for the BBFC, said imposing an 18 rating on films which feature scenes of smoking is not going to happen.

She said: Sometimes smoking is included in a film for reasons of historical accuracy.The only time we would consider stepping in is if we felt a film was actively promoting smoking. But I have never seen a film that did that.

The BBFC have passed the eagerly awaited Michael Winterbottom film as 18 uncut.

No doubt the likes of the Daily Mail will be contributing further to the films publicity.

Anyway the BBFC kindly explained their decision as follows:

The Killer Inside Me is an adaptation of Jim Thompson's noir crime novel of the same name about a psychopathic small town Sheriff. It was passed 18 for very strong violence, sadomasochistic sex scenes and child abuse.

The film features several scenes of very strong violence. These include sadistic killings and beatings, with some focus on female victims' fear and terror (for example sight of a woman urinating after being beaten). There is some focus on the infliction of pain and injury, including a long sequence featuring a strong beating to a female character's face. This is shown from the perpetrator's point of view. There are also some strong bloody shootings.

There are scenes of sexual violence and threat, including a discreet child rape scene, and several shots of strong sadomasochistic sexual activity and violence. There is some focus on the aftermath of such activity, with focus on female characters with bruises and welts and cigarette burns, including black and white photographs of a bruised woman in a sexual pose. There are scenes suggesting child abuse including sight, from a child's point of view, of a female character with bruised and welted buttocks as she invites him to punch and hurt her.

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 free to choose their own entertainment within the law. Although several scenes are undoubtedly very strong and impactful, with the potential to cause offence to some viewers, the clear generic context (a film noir) and presentation of complicated and disturbing ideas was permissible at 18. No material was found to be in breach of the criminal law, or created through the commission of a criminal offence. Although there are portrayals of strong sexual and sadistic violence and sadomasochist sexual behaviour, the scenes in question do not eroticise or endorse sexual assault or pose a credible harm risk to viewers of 18 and over.

The Killer Inside Me also includes some strong sex scenes, some strong bloody detail after beatings and shootings and scenes of threat as characters are in danger. There are also brief references to suicide, although these lack any detail or novel information.

Dear Sir/Madam,

My name is Colin Warhurst, and I am an independent film-maker from the North West, and the purpose of this open email is to stress the word independent. I apologise for its length, but this is a big issue that requires all of the facts. Today, affordable digital technology allows individuals or organisations to in affect, become virtually fully functional film studios. A camera, a computer and an idea are all that is needed to start making films. The realistic possibility of normal people, without funding or backing from agencies, of achieving this micro-studio setup and making their own feature films was virtually non-existent even up to 10 years ago due to technology.

What this means is that the film landscape going into the early 21st century is radically and fundamentally different to what has gone before. It is also important to note that this You Tube generation cannot be judged on the merits of virals, Internet celebrities and shaky spontaneous video often found on such video content sites. Yes, the quality varies massively, but the explosion in creativity on sites such as this should provide compelling evidence as to the potential talent and creativity out there, and of these millions of videos and ideas, a proportion of us go further, treating our work with an added level of ambition, professionalism, passion and commitment in order to go beyond simple viral film-making and into the creation of proper Film. To cut to the chase, I am one of these film-makers, and at great personal effort and expense, became one of the pioneers in what has been unofficially dubbed the North West New Wave. I Co-Directed and Produced an entirely independent feature film of our own creation entitled Mancattan. The film was made for under £600 of our own funds, and took two years to complete.

Now, as an independent artist, and as a business-person wishing to generate money within, or to bring into the UK, but with no further funds available as an independent film-maker, I ask one simple question.

How can I sell my film in the UK, legally?

The sword of Damocles in the shape of the horribly outdated Video Recordings Act 1984 and the massively high (for independents such as myself) charges for BBFC certification are effectively censoring, or killing dead, films and film-makers such as myself. I cannot, and will not, ever be able to afford the approximate cost of £1000 to have Mancattan rated. So how can I sell my film if I can't afford the rating? I believe Lord McIntosh most recently summarised the act as follows; The Video Recordings Act was nasty; it was introduced as a Private Member's Bill by Lord Nugent of Guildford. In effect, it applied the rules of a public cinema or public display to people's video recordings in their own homes. In other words, it created censorship in individuals' homes where no censorship had existed before, and it made a difference between what you have on your video recording machine and what is on your bookshelves. Douglas Houghton, Hugh Jenkins, and I thought that that was deplorable and I still think that it is utterly deplorable.

Some MPs when asked this question have suggested that there are completion funds, competitions, bursaries and other sources of funding which must be fought or found in order to accomplish the raising of the capitol for this purpose. This is not realistic or of assistance to the New Wave of self-made digital British film-makers such as myself. Bodies such as the UK Film Council are not in existence to help independents; their funds and schemes are in no position, and never have been, to help a film-maker such as myself.

Any other art or creative medium does not have these rules of censorship in place. Imagine the Orwellian state we would live in if every painting, piece of poetry, song, music performance and text put to paper had to be certified. We would describe such a world as dystopian and unrealistic, yet that is the creative state a British film-maker lives in. On some level, despite the assertion of Lord Davies of Oldham who makes the opposite statement without evidence or backup, the censorship on film contravenes the European Convention On Human Rights.

So, even though we know the answer, I'll re-phrase my question bearing all of this in mind.

Why can't I sell my film legally in the UK directly to consenting adults only, directly to our (over 18) customers via credit card, therefore staying out of larger retail stores and the public domain outside of our own websites. The BBFC can still do it's job, and UK film-makers can feel welcome, encouraged and free to create ideas, and business, at home. We would have a viable, profit making independent UK film scene, which develops and grows talent in the UK, allows film-makers to pay their crews, actors and contributors via profit shares, and leaves unthreatened the larger real film industry currently dominated by foreign films (American films do count as foreign films remember) in our UK screens which currently offer no protected ring-fencing for British films.

In other words, an Independent Film Scene in Britain would not pose a threat to the established British Film Industry and would instead create an internationally respected and culturally invaluable Industry Of British Films. Independent film-makers may not necessarily or realistically want an audience of millions, or even thousands, where a few hundred would suffice; if we sold even one hundred of our DVDs to our fans at £10 each, many of us could cover the budgets for our entire film. Ironically, that £1000 could then be spent on a BBFC rating. We need something to break this chicken-egg, carrot-stick deadlock. Could, or should, the BBFC offer low/no-budget film-makers a rate now, pay us back later scheme, perhaps at a higher rate. So the first one hundred DVD's sold cover the BBFC granting a rating in lieu, any funds after that then go to the film-maker. The BBFC is not helping us in any way, and worryingly, have the monopoly on certification; where else can we go? Could an alternative to the BBFC and voluntarily ran body for independent film-makers be created, who have Government trust and backing, but who rate films at significantly lower costs for direct-sale only? There are many options, and we want to pursue any ideas until something works.

We know the VRA and BBFC are there to protect us, and younger people on the whole, from obscene content; and this where the crux of the change since 1984 occurs. Back then, the majority of indie film-makers may have been purveyors of dodgy horror, porn and other bad things. In 2010, you are tarnishing every potential film and film-maker with the same brush. The VRA assumes my content is of a dubious and obscene nature, and surely is overkill when the obscene publications act would protect the public and any bad film-makers taking advantage of the independent film scene and new rules that we would like to see come into place. I find it offensive that we are all presumed to be working and making films in the world of violence and pornography, and cast out of being able to express ourselves via the medium of film just in case.

Mancattan isn't a horror film, or porn movie. It is a 90 minute rom-com, part of which was filmed in New York. I would love to sell you a copy to show you it is harmless, but I can't. I could sell it in the United States.

Please, if any constructive, positive and genuinely empowering options for all the other Mancattans out there can be found, then please help us. I am not the first self-made UK feature film maker stuck in this position, and I won't be the last. There are hundreds of good, safe-for-viewing and quality films sat on the shelf that have been made with blood sweat and tears. There are hundreds more following in their wake.

A film, today? A camera, a computer and an idea. A new Industry Of British Films? A few cameras, a few computers, and a few ideas... and some much needed help from YOU.

Many thanks for your time, I welcome your thoughts, replies and ideas. Sincerely

Colin Warhurst (A would-be British Film-maker)

info@reformthevra.co.uk
www.mancattan.co.uk

The BBFC have updated their website re the the re-enactment of the Video Recordings Act:

On 21 January 2010, the Video Recordings Bill received Royal Assent. This Bill corrects a procedural error that meant the Video Recordings Act 1984 (VRA) was not enforceable against individuals in UK courts. It repeals and revives the Video Recordings Act 1984 (VRA), restoring the public protection provided by a robust video classification system. It sets out the statutory requirement for videos, DVDs and some video games to be classified and age rated by the British Board of Film Classification.

The voluntary classification scheme the BBFC has been running since the discovery of the VRA's lack of enforceability ends with immediate effect. Henceforth, all classification certificates issued by the BBFC will be pursuant to the VRA.

The BBFC will issue replacement certificates in accordance with the VRA for all those works for which it issued certificates under the voluntary scheme between 1 September 2009 and 21 January 2010. So no customer need withdraw from sale any work for which a voluntary certificate was issued.

All classification certificates issued by the BBFC in accordance with the VRA since 1984 are valid, and remain so following Royal Assent of the Video Recordings Bill. Any video recording containing an unclassified video work which has been released in the interim period will need to be withdrawn from sale now the new Act is in force, unless the work can claim exemption.

The BBFC would like to thank its customers for complying with the provisions of the VRA by continuing to submit works to the BBFC for classification on a voluntary and best practice basis during the period of the VRA's unenforceability.