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Legislation - Other Legislation

Blasphemous Libel

 

This is a common law offence, dating back to the Middle Ages. The law only applies to Christianity.  A work is said to be blasphemous when it contains 'any contemptuous, reviling, scurrilous or ludicrous matter relating to God, Jesus Christ or the Bible'.  It is not blasphemous to speak or publish opinions hostile to the Christian religion or to deny the existence of God, if the publication is couched in decent or temperate language.

 

This law has been only rarely invoked in the history of the BBFC.

 

 

Race Relations Act 1976

 

The Race Relations Act 1976, as amended by the Race Relations (Amendment) Act 2000, places a legal obligation on public authorities to have due regard to the need to eliminate unlawful discrimination and to promote equality of opportunity and good relations between persons of different racial groups.


In 2004, examiners discussed whether the Act was relevant during their deliberations after seeing the film, The Passion of the Christ, which some commentators accused of being anti-Semitic. The Board's conclusion was that it was neither anti-Semitic nor indeed blasphemous.

 

 

Hypnotism Act 1954

 

The BBFC is occasionally required to classify video works which claim to show self hypnosis techniques to help the viewer give up smoking; lose weight; become more confident etc. The BBFC treats these works with caution and has sought expert advice to help with the classification consideration.  The Hypnotism Act deals specifically with hypnotism as part of a stage act and so, arguably, does not apply to so called 'self-help' works.  The Board tends, with some exceptions, to pass these works at '18' for an adult audience.

 


Human Rights Act 1998

 

This incorporated the European Convention on Human Rights into British law. Articles 8 and 10 of the Convention are the ones most likely to impact on BBFC classification decisions.  Article 8 covers the right to respect for private and family life.  Article 10 deals with the right of freedom of expression.  When classifying works, the BBFC will have regard to the impact of any decision on the rights of any relevant person.

 

The Act does permit restrictions on freedom of expression as are prescribed by domestic law and are necessary in a democratic society; in the interests of national security; territorial integrity or public safety; for the prevention of disorder or crime; for the protection of health or morals; for the protection of the reputation or rights of others; for preventing the disclosure of information received in confidence; or for maintaining the authority and impartiality of the judiciary.

 

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