Recently
I emailed the BBFC asking them why they were charging filmmakers for
classifying purely factual DVD ‘extras' such as interviews with cast and
crew, director's commentaries, and so on.
To: the BBFC
I am contacting you on behalf of New Wave North West, which has as its
members most of the region's no/micro-budget feature filmmakers, for
clarification when it comes to an ‘extras' DVD.
Under your
explanation of the ‘E' classification and the 1984 act, a work is
exempted if it is designed to inform, educate or instruct provided that
there is no significant sexual or violent content.
From this it would appear that ‘extras' content, such as
- Interviews with cast and crew informing and educating the audience
about the film and its production are exempt.
- A director or producer's commentary again informs and educates the
viewer as is thus exempt.
- Such as deleted scenes when placed in the context of a
‘mini-documentary' in which the filmmakers explain the reasons why
certain content ended up on the cutting room floor, is also exempt.
But
- Deleted scenes and other similar material, if presented without a
context which informs, educates and instructs, would not be exempt.
Is it correct then that, under the provisions of the act, only
material such as that listed under 4 above is to be submitted? As you
state:
Under the Video Recordings Act, the onus is
on the distributor to decide whether or not a video work is an
exempted work, and distributors have tended to put an ‘E' symbol on
tapes as guidance to the public.
The Board does not examine exempted works and does not decide whether
or not a work is exempt.
BBFC Reply:
Up to You
Under
the terms of the Video Recordings Act 1984, every video work, supplied
on a video recording of any type (tape, disc, hard drive etc.), must be
classified by the BBFC before it can be rented or sold legally in the
UK, unless the work is exempt under Section 2 of the VRA. You can obtain
a copy of the VRA from the Office of Public Sector Information.
The decision as to whether a work is exempt from classification is the
responsibility of the video distributor. The BBFC's role is to classify
works submitted to it; it cannot offer advice regarding the likelihood
of a work being successfully claimed as exempt.
You should read the VRA and decide for yourself. You may find the
BBFC's summary of the exemption terms helpful.
Comment:
VRA weights classification process in favour of the major distributors
By Jonathan Williams
So
there you have it. It's nothing to do with us - you send it, we
classify it - and if it actually doesn't need classifying we won't tell
you because we don't make the decisions. Like I said, we classify...and
we charge money.
If you click their 'exemptions link' it will tell you that the Video
Recordings Act (1984) is policed by 'Trading Standards' (who have to
find out that a video recording which transgresses the Act is being
sold, seize it, track down who's responsible, press charges, etc).
My own suspicions are that the 1984 Act was a crass Mary
Whitehouse/Daily Mail inspired response to 'video nasties' (or 'cult
classics' as they are now called), is full of holes, completely out of
date, and that the whole system remains in place largely on the basis of
threats and bullying. It has not been challenged though as they
essentially don't censor '18' material, so there is no outraged
publisher prepared to mount a case in defence of D.H. Lawrence etc. No,
in fact the major players like the system.
Comment:
Justifying Censor's Jobs
16th June 2009. By Mark, see also
Future Artists
The
more I look at where we are at, the more I realise is that everyone is
just trying to justify their jobs,
if we didn't have a censorship board then our country would be seen to
have no morals and be liberal, so we have to have one so we are seen to
be in control, even though the agency pretty much is saying, do what you
like, but if we find you and do not like then we will destroy you,
As Richard Branson said, screw it lets do it and as nike said
'just do it
great work Jon!
Follow Up:
Video Recordings Act UK (1984), Exempt Material
21st June 2009. by Jon Williams. See
article
from
jw48.wordpress.com
I posted the following on today's Shooting
People.org bulletin. It questions whether this act, strangely passed in
1984…and amended in 1993&4, and therefore several years before the
advent of the DVD, is being applied by the BBFC to DVD extras material
which could well be exempt, or presented in a way which would make it
so, under the terms of the act. But the draconian penalties, a maximum
2 years in prison and unlimited fines means that none of the small
distributors are prepared to challenge the BBFC. But there is something
we can all do.
...Read on at
article
