Legal Considerations
The Video Recordings Act 1984
The Act requires the BBFC to have special regard (among the other
relevant factors) to the likelihood of works being viewed in the home,
and to
- any harm to those likely to view a video
- any harm to society through the behaviour
of those viewers afterwards
In considering these issues the Board has in
mind the possible effect
not only on children but also on other vulnerable people.
The Act further requires that special regard is paid to the manner in
which the work deals with
- criminal behaviour
- use of illegal drugs
- violent behaviour or incidents
- horrific behaviour or incidents
- human sexual activity
The Cinematograph Films (Animals) Act 1937
It is illegal to show any scene ‘organised or
directed’ for the purposes of the film to involve actual
cruelty to animals.
The Protection of Children Act 1978
It is illegal to show indecent photographs or pseudo-photographs of a
child (under the age of 18).
The Obscene Publications Act 1959
It is illegal to show a work which is obscene. A work may be found
obscene if, taken as a whole, it has a tendency to deprave and corrupt
(ie make morally bad) a significant proportion of those likely to see
it.
Human Rights Act 1998
Among the rights established under this Act
are the right to private
life and family, and the right to 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 permits such restrictions on freedom of expression as are
prescribed by 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.
The Licensing Act 2003
Cinemas require a licence from the local authority in which they
operate. The licence must include a condition requiring the
admission of children (under 18) to any film to be restricted having
regard to the recommendations of the BBFC. The licensing
objectives are;
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
Other unlawful material
In carrying out its responsibilities, the Board will have regard to
whether the material itself appears to be unlawful in the United
Kingdom, or has arisen from the commission of an unlawful act.
|
