BBFC APPOINTS NEW VICE PRESIDENTS (14.06.08)

The BBFC is pleased to announce that, following an open competition, Alison Hastings and Gerard Lemos have been appointed as Vice Presidents of the BBFC. They will take up their posts in November when Janet Lewis-Jones and Lord John Taylor of Warwick step down after ten years as the Board’s Vice Presidents.

Alison Hastings is a media consultant; a member of the BBC Trust and Chair of the Audience Council England (as Trustee for England) and a member of the Audience and Performance Committee. She is also a member of the BBC Trust’s Editorial Standards Committee. She was a member of the Press Complaints Commission from 1997 to 2002.

Gerard Lemos is a Partner in Lemos and Crane Social Research and Visiting Professor in International Social Policy at Chongqing Business and Technology University, China. He is also a non-executive Director, Crown Prosecution Service; Chairman of the Banking Code Standards Board and Deputy Chair of the British Council.

Sir Quentin Thomas, President of the BBFC said:
“The BBFC owes a debt of gratitude to Janet Lewis-Jones and Lord Taylor of Warwick for their dedication and wise counsel over the last ten years and I would like to thank them personally for their support and advice. They will be a hard act to follow, but I am confident that Alison Hastings and Gerard Lemos will bring a depth of highly relevant experience and expertise to the Board when they take up their posts in November. I am very much looking forward to working with them.”

The Secretary of State for Culture Media and Sport, the Rt Hon Andy Burnham MP, will lay an order before both Houses of Parliament proposing to designate Ms Hastings and Mr Lemos under the Video Recordings Act 1984 as the authority responsible for making arrangements for the classification of videos and, where appropriate, video games. This must be done when Parliament is sitting.

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BBFC REJECTS CRITICISM OF BYRON GAMES CLASSIFICATION PROPOSALS (30.06.08)

The BBFC’s Director, David Cooke, today rejected criticisms from some quarters of the games industry of the Byron Report proposals for games classification.

He said:

“We are disappointed and concerned about attempts by one or two video games publishers to pre-empt, through recent press statements, the forthcoming public consultation on video games classification. Their statements are misleading in several respects:

The BBFC’s current average turnaround time for games classifications is eight calendar days. In terms of international comparisons, this is notably quick. There is no reason why the increased role for the BBFC envisaged by Dr Byron should lead to delays.

BBFC classifications are already cheaper for many games than those under the Pan European Games Information System (PEGI). Because the BBFC currently deals mainly with the most problematic games, BBFC costs will fall if, as Dr Byron recommended, we take on all games, physical and online, rated ‘12’ and above.

It is absurd to imply that the BBFC could not cope, or would need “a building the size of Milton Keynes”. The BBFC is a larger and better resourced organisation than PEGI, and is well used to gearing up, and to providing fast-track services where appropriate.

We reject any suggestions that the Byron proposals for dealing with online games are not future-proof. Countries such as the USA and Germany already classify such games in a way which reflects national cultural sensibilities. The BBFC has made clear that we are prepared to work through PEGI Online, which already recognizes BBFC symbols. But, with online games, the real need is not a pan-national grouping of markets, but rather soundly based and independent initial classification, full information provision, and responsible self-regulation of online game-play backed by properly resourced independent monitoring and complaints mechanisms.

“The games industry really does have nothing to fear from a set of proposals which would provide more robust, and fully independent, decisions, and detailed content advice, for the British public, and especially parents. The Byron proposals, far from envisaging the collapse of PEGI, specifically provide for a continuing PEGI presence in UK games classification. They also provide significant opportunities to reduce duplication of effort and costs. And they would make wider use of a system, the BBFC’s, which British parents recognize, trust and have confidence in.

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BBFC LAUNCHES DOWNLOAD CLASSIFICATION SYSTEM IN PARTNERSHIP WITH THE HOME ENTERTAINMENT INDUSTRY (21.05.08)

The BBFC’s widely recognised and trusted classification system is moving to the world of downloadable films, programmes and video games. The BBFC has worked closely with the home entertainment industry to develop this voluntary regulatory scheme that will bring the benefits of the DVD classification system to the world of downloads and the internet. Walt Disney Studios Home Entertainment Europe, Warner Bros. and 20th Century Fox have signed up and other key industry players, who have been involved in the development of BBFC.online, are poised to join the scheme.

Launched today, BBFC.online – as the new service is called – has been designed to give consumers the assurance they seek when choosing new media content. The scheme will see the BBFC’s famous ‘black card’, category symbols and Consumer Advice appearing on a wide range of ‘new media’ content, including video-on-demand and streamed video which is offered to the public through websites, set-top boxes and portable media devices.

There is currently little independent classification of downloadable or streaming video content, either on the internet or delivered by video-on-demand services and via set-top-boxes. This is in spite of independent research that indicates that 63 per cent of adults (74 per cent of parents) are concerned about downloading video material which does not come with independent content advice and labelling. In addition, 84 per cent of adults (91 per cent of parents) want to see BBFC film and DVD classification on downloadable/streaming films and other digital audiovisual content.

BBFC.online has been developed over the last 18 months, in close partnership with the video and new media industries and the British Video Association. There are already some 700 videos with ‘online certificates’ and this is likely to rise to about 1000 by the end of the month.

The major studios as well as e-tailers and VoD suppliers, are keen to ensure that online content is accompanied by clear and independent content information and age-restrictions using a system trusted by consumers.

The scheme will also require e-tailers and VoD services to have age verification or gate-keeping systems in place for parents to monitor and control underage viewing, and the effectiveness of these protocols will be monitored by the BBFC. Major e-tailers and VoD services are poised to join as soon as their services have been updated in accordance with the requirements of the scheme.

Speaking at the launch, David Cooke, Director of the BBFC said:
“We are extremely pleased to have been able to work with the video industry to develop a scheme that will give online consumers the same assurance that our symbols and content information provide for cinema films, DVDs and video games. I am particularly pleased by the support and commitment from the industry for this voluntary scheme. Consumers considering buying into the world of downloads will be able to rely on our familiar symbols and advice, to decide which films or video games are suitable for them and their children. They will also be assured that the film makers and download services in the scheme are keen to ensure their customers get genuine independent information about the digital films or games on offer.”

Culture Minister Margaret Hodge said:
“The introduction of the BBFC system for online film downloads will provide some welcome clarity for consumers, to help them gain greater confidence that their purchases are appropriate before they commit themselves. I hope to see more studios sign up to the scheme.”

Lavinia Carey, Director General of the British Video Association said:
“The online world is still an ‘open frontier’ and the industry is determined to get its own house in order with this new type of business. Our involvement and input into the development of BBFC.online has shown how seriously we take this. We chose to work with the BBFC because of the universal recognition of their system across the UK, and their commitment to supporting both consumers and the industry in making the most of the online world in a safe and recognisable environment.”

Anthony Peet, Managing Director of Walt Disney Studios Home Entertainment commented:
"WDSHE is delighted to show its support for this initiative. We believe it is important to ensure that content in the digital space is as clearly labelled and classified as that of a physical copy. This scheme offers users the reassurance on the legitimacy and appropriateness of the content they would like to enjoy. This is very positive step for the industry."

Notes to Editors
The BBFC.online scheme includes console-style games which are supplied to the customer via download.

The research referred to is available on www.bbfc.co.uk entitled Downloading Classification Study February 2007 and was carried out by TNS.

The BBFC’s legal advice is that works supplied by ‘non-physical’ means (eg by streaming or download) are not covered by the Video Recordings Act 1984.

Membership of the Scheme is voluntary and by subscription and there is no cost to consumers.
BBFC.online is ‘Platform Neutral’ – it is designed to cover all forms of digital content delivery (eg web, set top boxes, hand-held devices and mobile phones).

BBFC.online complies with the self regulatory model advocated by ATVOD.

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BBFC DOWNLOAD CLASSIFICATION SCHEME TO INCLUDE ADULT INDUSTRY (21.05.08)

The BBFC’s widely recognised and understood classification system is moving to the world of downloadable films and will include the ‘R18’ category which covers explicit sex works. The first adult entertainment company to join the scheme is Strictly Broadband.

Launched today, BBFC.online – as the new service is called – covers the full range of BBFC classifications from ‘U’ through to ‘R18’. The scheme is designed to give consumers the assurance they seek when choosing new media content. This is particularly relevant in the area of sexually explicit adult content as the scheme will provide potential customers with guarantees that the content is legal, consensual and non-violent.

Membership of the scheme will also require e-tailers and VoD services to have age verification or gate-keeping systems in place to control underage viewing, and the effectiveness of these will be monitored by the BBFC.

Strictly Broadband has been an active partner during the development and testing of the scheme and is the first adult industry company to join. David Cooke, Director of the BBFC said:

“The Video Recordings Act does not cover the world of downloads so adult content that is not on video or DVD is subject to very little regulation. There are all sorts of potential problems associated with the downloading of sexually explicit material including the possible criminalisation of internet users who download extreme violent pornography, which the BBFC refuses to classify. Online material rated ‘R18’ by the BBFC will comply with the same guidelines and laws as apply to R’18’ videos and DVDs sold in licensed sex shops. Companies like Strictly Broadband that sign up to the BBFC.online scheme are sending a clear message to their potential customers that they are acting responsibly to ensure that their product is properly labelled and subject to effective gate-keeping measures. ”

Jerry Barnett, Managing Director of Strictly Broadband said:

"As the UK market leader in internet-streamed adult entertainment, we're pleased to be founder members of the BBFC Online scheme. It has been difficult in the past for legitimate companies to sell adult video on the internet, as the law is far from clear in this area. We welcome the clarification that the new scheme will bring to the business, which will allow the further development of a strong and legal British adult entertainment industry, and give British consumers the ability to decide whether they are buying legal material or not."

Notes for Editors
The BBFC’s legal advice is that works supplied by ‘non-physical’ means (eg by streaming or download) are not covered by the Video Recordings Act 1984.

Membership of the Scheme is voluntary and by subscription (£900 per annum) and there is no cost to consumers.

BBFC.online is ‘Platform Neutral’ – it is designed to cover all forms of digital content delivery (eg web, set top boxes, hand-helds mobile phones).

The Criminal Justice and Immigration Act has created a new offence of the possession of ‘extreme violent pornography’ – BBFC classified material is specifically excluded under this definition.

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BBFC Tougher on Violence than US Counterpart (21.05.08)

The BBFC is taking a tougher stance on violence in films aimed at young teenagers than the US film regulator, the MPAA (the Motion Picture Association of America). The differences are highlighted in the BBFC’s 2007 Annual Report, published today.

David Cooke, Director of the BBFC said:

“In 2007 a number of blockbuster Hollywood cinema films, in particular Cloverfield, Disturbia and I Am Legend came in to the BBFC for classification having received a ‘PG13’ classification (cautioning parents but allowing unrestricted access for children of any age) in the USA. In each case, the distributor request for a ‘12A’ classification was refused and the films were all classified ‘15’. The studios were very keen to obtain a ‘12A’ classification for them from the BBFC, but all featured extended periods of intense violent threat and moments of horror. The Board’s view was that, based on the extensive public consultation exercises, the films went beyond what most members of the UK public would consider appropriate for children younger than fifteen. In each case, the Board’s own judgement was that the films were likely to be disturbing to many younger children. These were not the only cases. Around ten percent of films each year which come in with a particular category request end up with a higher one than asked for.

“These decisions mark an increasing divergence between the US approach to classification for adolescents and young teenagers, and the position taken by the BBFC in the UK. While the US body, the industry led MPAA, takes a strict line on issues relating to nudity and sex, the BBFC is significantly more restrictive on violence and horror. Different, but equally significant, points of divergence can also be identified between the standards applied by the various European classification bodies: for example, French and British attitudes to children being exposed to graphic sexual representations are poles apart. Notions of harm and appropriateness remain culturally dependent: that is why all past attempts to develop a pan-European film classification system have fallen at the first hurdle. This is also why the BBFC puts so much emphasis on consultation with the UK public – BBFC decisions reflect UK public attitudes. All classification decisions are based on criteria set out in published Guidelines which are updated every few years.”

The current Guidelines, published in 2005, were drafted following consultation with over 11,000 people in the UK. During 2008 the BBFC will embark on a new programme of consultation which will lead to the publication of new Guidelines in 2009. The consultation will cover the full range of categories and issues but initial qualitative research has suggested that the public would like particular attention paid to the criteria for works at ‘12’/‘12A’ (as this is the age at which children begin to have greater control over their own viewing) and to consider a number of issues in particular. These include: the importance of ‘psychological impact’ as well as visual detail, the treatment of issues such as racism and homophobia, and the usual concerns surrounding violence, horror and bad language.

The consultation will take place in stages. In the first stage, focus groups will discuss the issues in detail and identify any criteria which need to be added or amended. The Board will then produce a set of draft Guidelines which will be examined by reconvened groups from the first stage. After any necessary further revisions, support for the draft will then be assessed using large scale quantitative research methods.

The Annual Report also focuses on the new online classification scheme for downloadable films and games, which was launched today. Details of ‘BBFC.online’ are available in a separate news release issued today and available on the BBFC’s website. The Annual Report is available from the BBFC and is also available to download on http://www.bbfc.co.uk

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BBFC RESPONDS TO THE BYRON REVIEW (27.03.08)

Responding to the Byron Report, David Cooke, Director of the BBFC, said:
“I warmly welcome Dr Byron’s report. She has listened very carefully to all the arguments, and exercised her independent and expert judgement.

“It is clear from Dr Byron’s report that games classification is less well understood that that for films and DVDs. We all need to work hard to bring understanding up to the same level, and help parents and children make informed choices. Games like Grand Theft Auto: San Andreas are for adults, and should be treated in the same way as ‘18’ rated films and DVDs.

“Dr Byron says that when it comes to content, parents want better information on which to base their decisions. I welcome the film-style classification system and greater role for the BBFC which she recommends in paragraph 7.47 of her report.

“At the BBFC we provide symbols which are trusted and understood; thorough, independent examination by skilled games players; individually tailored health warnings, and also the full reasoning for the classification covering all the key issues; a cutting edge approach to online film and games content, including independent monitoring.

“We co-operate closely with the Pan European Games Information Systems (PEGI) and will continue to do so. “Unlike PEGI, the BBFC has the power, in exceptional cases, to reject films, DVDs and games which have the potential to pose real harm risk. We reject an average of two to three works a year (mostly DVDs) and will continue to do so where it is necessary to protect the public. At the adult level, we respect the public expectation that adults should be free to choose except where there are real harm risks. But we do not think it would be right to remove the reserve rejection power and we are pleased that Dr Byron agrees with this.

“The BBFC has been able to handle a major expansion of the DVD market over the last few years, and we are ready and able to take on the extra work envisaged by Dr Byron. We attach great importance to providing a speedy and effective service, primarily to the public, but also to the creative industries who produce films, DVDs and games. We will be talking to the Government, PEGI and the games industry about how to implement Dr Byron’s recommendations.

“We are also studying very carefully Dr Byron’s recommendations on the risks children face from the internet, and believe we have a significant contribution to make in this area too.”

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VAC ALLOWS APPEAL ON MANHUNT 2 (14.03.08)

The Video Appeals Committee today announced that the result of their reconsideration of the Manhunt 2 appeal remains that the appeal against the rejection of the work by the BBFC is upheld.

The Board’s decision to refuse a certificate to Manhunt 2 was successfully challenged on appeal to the Video Appeals Committee. The Board challenged the VAC’s decision by way of Judicial Review before the High Court, which quashed the decision on grounds of errors of law. The VAC has now reconsidered the appeal in the light of the High Court’s directions on the law but has decided, again by a majority of four to three, to allow the appeal on the basis that Manhunt 2 should be given an ‘18’ certificate.

In the light of legal advice the Board does not believe the VAC’s judgement provides a realistic basis for a further challenge to its decision and has accordingly issued an ‘18’ certificate.

David Cooke, Director of the BBFC said:

“As I have said previously, we never take rejection decisions lightly, and they always involve a complex balance of considerations. We twice rejected Manhunt 2, and then pursued a judicial review challenge, because we considered, after exceptionally thorough examination, that it posed a real potential harm risk. However, the Video Appeals Committee has again exercised its independent scrutiny. It is now clear, in the light of this decision, and our legal advice, that we have no alternative but to issue an ‘18’ certificate to the game.”

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BBFC TEAMS UP WITH MYMOVIES.NET (04.03.08)

The BBFC is teaming up with the UK’s leading online and mobile supplier of film and film and video game related material to allow visitors to the Board’s new website for parents – pbbfc.co.uk – to watch the latest film, DVD and video game trailers. MyMovies.Net will provide cinema trailers for ‘U’, ‘PG’ and ‘12A’ films (both those currently showing in cinemas and those not yet out), as well as trailers for the latest DVDs and video games.

The BBFC’s website for parents, launched in October 2007, has already passed the one million hit mark. The site provides detailed information about the content of ‘U’, ‘PG’ and ‘12A’ films showing in cinemas across the UK and for ‘U’, ‘PG’ and ‘12’ rated DVDs. In addition, parents can check on the rating and content of video games classified by the BBFC from ‘U’ through to ‘18’. This new facility will enable parents to not only decide whether a particular film is suitable for their child but also, by being able to watch the trailer in their own homes before going to the cinema or buying the DVD, whether their child (and they) will enjoy it.

David Cooke, Director of the BBFC said:

“We have had an overwhelmingly positive response to our website for parents, both in terms of usage and feedback. MyMovies.Net has been extremely supportive of what we are doing on this website and we are delighted that we have been able to work with them to provide visitors to the site with this facility. We want to be able to provide parents with a single point for all the information they need before setting off to the cinema or the DVD store. The site will also allow parents to check out whether the film is showing at their local cinema and at what time. Being able to watch the trailer for a film, in addition to checking out whether there is anything problematic in it, will take the guess work out of the cinema going experience.”

Monica Chadha, Commercial Director of MyMovies.Net said:
“We are delighted to be able to be supporting this very worthy initiative as the BBFC seeks to give parents the tools necessary to make an informed decision about film and video game content. We know from experience that sticky video content drives traffic online, and in the case of pbbfc.co.uk, heralds the arrival of a platform that educates parents at a time when regulation of content and advertising to children is high on the Government’s agenda.”

The BBFC’s website for children – cbbfc.co.uk – will also benefit from this new arrangement as MyMovies.Net will provide the film clips which visitors to the site can try their hands at classifying. There are also plans to include film clips on the BBFC’s website for students – sbbfc.co.uk.

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BBFC REJECTS SEXUALLY VIOLENT DVD (28.02.08)

The BBFC has rejected the DVD Murder Set Pieces. This means that it cannot be legally supplied anywhere in the UK.  The decision was taken by the Director, David Cooke and the Presidential Team of Sir Quentin Thomas, Lord Taylor of Warwick and Janet Lewis-Jones.

Murder Set Pieces is a feature with a single-minded focus on the activities of a psychopathic sexual serial killer, who, throughout the film, is seen raping, torturing and murdering his victims. Young children are among those terrorised and killed, and their inclusion in this abusive context is an added concern.  In relation to the adult victims, there is a clear focus on sex or sexual behaviour accompanied by non-consensual pain, injury and humiliation.

David Cooke, Director of the BBFC said:

“It is the Board’s carefully considered view that to issue a certificate to Murder Set Pieces, even if statutorily confined to adults, would involve risk of harm within the terms of the Video Recordings Act, would be inconsistent with the Board’s Guidelines, and would be unacceptable to the public.

“Rejecting a work outright is a serious matter and the Board considered whether the issue could be dealt with through cuts. However, given the unacceptable content featured throughout, and that what remains is essentially preparatory and set-up material for the unacceptable scenes, cutting the work is not a viable option in this case and the work is therefore refused a classification.”

Under the terms of the Video Recordings Act distributors have the right to appeal the Board’s decision.  Murder Set Pieces also raises potential legal questions, for instance in relation to the Protection of Children Act 1978, as well as possible breaches of other legislation such as that on obscenity. Having concluded that the work would in any case have to be rejected on grounds of harm and unacceptability to the public, the Board did not think it necessary at this stage to reach a final view on these legal issues, but they would have to be considered in the event of any appeal. 28 February 2008

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