BBFC Seminar

We also had a examiner from the BBFC come in to talk to us about classification which was really useful.
Again, we've already learnt a lot about the guidelines and touched on some case studies but it was great to look at everything in more depth which helped to reinforce certain things like the main issues in classifying films.

I learnt that the BBFC would no longer classify video games, so their main focus will be on films and dvds. They have some bilingual examiners who deal with foreign films. I was suprised by how few people deal with so much material.

In class we generally think that the BBFC should move towards giving information and not just classifying films, and it seems that the BBFC also agree with this.

The public interest

There may be exceptions to the clauses marked * where they can be demonstrated to be in the public interest.

1. The public interest includes, but is not confined to:
    i) Detecting or exposing crime or serious impropriety.
    ii) Protecting public health and safety.
    iii) Preventing the public from being misled by an action or statement of an individual or organisation.

2. There is a public interest in freedom of expression itself.

3. Whenever the public interest is invoked, the PCC will require editors to demonstrate fully that they reasonably believed that publication, or journalistic activity undertaken with a view to publication, would be in the public interest.

4. The PCC will consider the extent to which material is already in the public domain, or will become so.

5. In cases involving children under 16, editors must demonstrate an exceptional public interest to over-ride the normally paramount interest of the child.

Code of Practice

1	Accuracy
	i) The Press must take care not to publish inaccurate, misleading or distorted information, including pictures. ii) A significant inaccuracy, misleading statement or distortion once recognised must be corrected, promptly and with due prominence, and - where appropriate - an apology published. In cases involving the Commission, prominence should be agreed with the PCC in advance. iii) The Press, whilst free to be partisan, must distinguish clearly between comment, conjecture and fact. iv) A publication must report fairly and accurately the outcome of an action for defamation to which it has been a party, unless an agreed settlement states otherwise, or an agreed statement is published.
2	Opportunity to reply
	A fair opportunity for reply to inaccuracies must be given when reasonably called for.
3	*Privacy
	i) Everyone is entitled to respect for his or her private and family life, home, health and correspondence, including digital communications. ii) Editors will be expected to justify intrusions into any individual's private life without consent. Account will be taken of the complainant's own public disclosures of information. iii) It is unacceptable to photograph individuals in private places without their consent. Note - Private places are public or private property where there is a reasonable expectation of privacy.
4	*Harassment
	i) Journalists must not engage in intimidation, harassment or persistent pursuit. ii) They must not persist in questioning, telephoning, pursuing or photographing individuals once asked to desist; nor remain on their property when asked to leave and must not follow them. If requested, they must identify themselves and whom they represent. iii) Editors must ensure these principles are observed by those working for them and take care not to use non-compliant material from other sources.
5	Intrusion into grief or shock
	i) In cases involving personal grief or shock, enquiries and approaches must be made with sympathy and discretion and publication handled sensitively. This should not restrict the right to report legal proceedings, such as inquests. *ii) When reporting suicide, care should be taken to avoid excessive detail about the method used.
6	*Children
	i) Young people should be free to complete their time at school without unnecessary intrusion. ii) A child under 16 must not be interviewed or photographed on issues involving their own or another child’s welfare unless a custodial parent or similarly responsible adult consents. iii) Pupils must not be approached or photographed at school without the permission of the school authorities. iv) Minors must not be paid for material involving children’s welfare, nor parents or guardians for material about their children or wards, unless it is clearly in the child's interest. v) Editors must not use the fame, notoriety or position of a parent or guardian as sole justification for publishing details of a child’s private life.
7	*Children in sex cases
	1. The press must not, even if legally free to do so, identify children under 16 who are victims or witnesses in cases involving sex offences. 2. In any press report of a case involving a sexual offence against a child -     i) The child must not be identified.     ii) The adult may be identified.     iii) The word "incest" must not be used where a child victim might be identified.     iv) Care must be taken that nothing in the report implies the relationship between the accused and the child.
8	*Hospitals
	i) Journalists must identify themselves and obtain permission from a responsible executive before entering non-public areas of hospitals or similar institutions to pursue enquiries. ii) The restrictions on intruding into privacy are particularly relevant to enquiries about individuals in hospitals or similar institutions.
9	*Reporting of Crime
	i) Relatives or friends of persons convicted or accused of crime should not generally be identified without their consent, unless they are genuinely relevant to the story. ii) Particular regard should be paid to the potentially vulnerable position of children who witness, or are victims of, crime. This should not restrict the right to report legal proceedings.
10	*Clandestine devices and subterfuge
	i) The press must not seek to obtain or publish material acquired by using hidden cameras or clandestine listening devices; or by intercepting private or mobile telephone calls, messages or emails; or by the unauthorised removal of documents or photographs; or by accessing digitally-held private information without consent. ii) Engaging in misrepresentation or subterfuge, including by agents or intermediaries, can generally be justified only in the public interest and then only when the material cannot be obtained by other means.
11	Victims of sexual assault
	The press must not identify victims of sexual assault or publish material likely to contribute to such identification unless there is adequate justification and they are legally free to do so.
12	Discrimination
	i) The press must avoid prejudicial or pejorative reference to an individual's race, colour, religion, gender, sexual orientation or to any physical or mental illness or disability. ii) Details of an individual's race, colour, religion, sexual orientation, physical or mental illness or disability must be avoided unless genuinely relevant to the story.
13	Financial journalism
	i) Even where the law does not prohibit it, journalists must not use for their own profit financial information they receive in advance of its general publication, nor should they pass such information to others. ii) They must not write about shares or securities in whose performance they know that they or their close families have a significant financial interest without disclosing the interest to the editor or financial editor. iii) They must not buy or sell, either directly or through nominees or agents, shares or securities about which they have written recently or about which they intend to write in the near future.
14	Confidential sources
	Journalists have a moral obligation to protect confidential sources of information.
15	Witness payments in criminal trials
	i) No payment or offer of payment to a witness - or any person who may reasonably be expected to be called as a witness - should be made in any case once proceedings are active as defined by the Contempt of Court Act 1981. This prohibition lasts until the suspect has been freed unconditionally by police without charge or bail or the proceedings are otherwise discontinued; or has entered a guilty plea to the court; or, in the event of a not guilty plea, the court has announced its verdict. *ii) Where proceedings are not yet active but are likely and foreseeable, editors must not make or offer payment to any person who may reasonably be expected to be called as a witness, unless the information concerned ought demonstrably to be published in the public interest and there is an over-riding need to make or promise payment for this to be done; and all reasonable steps have been taken to ensure no financial dealings influence the evidence those witnesses give. In no circumstances should such payment be conditional on the outcome of a trial. *iii) Any payment or offer of payment made to a person later cited to give evidence in proceedings must be disclosed to the prosecution and defence. The witness must be advised of this requirement.
16	*Payment to criminals
	i) Payment or offers of payment for stories, pictures or information, which seek to exploit a particular crime or to glorify or glamorise crime in general, must not be made directly or via agents to convicted or confessed criminals or to their associates – who may include family, friends and colleagues. ii) Editors invoking the public interest to justify payment or offers would need to demonstrate that there was good reason to believe the public interest would be served. If, despite payment, no public interest emerged, then the material should not be published.

Sections marked with asterix refer to Public Interest

The Press Complaints Commision (PCC)

• Set up in 1991 to replace the Press Council
• Independant body dealing with complaints about editorial content of newspapers and magazines in the UK and their websites
• Not a legal system
• Voluntary agreement by the newspaper and magazine industry to allow itself to be regulated.
• Code of practice drawn up by a committee of editors.
• Commision itself has a majority of public members
• 10 out of 17 Commisioners (including Chairman) have no connection to newspapers and magazines
• Code of practice has 16 sections and covers 4 main areas:
• Accuracy
• Privacy
• News gathering
• Protecting the vulnerable
• Code doesn't cover taste and decency; it's a democratic society
• PCC funded through Press Standards Board of Finance (PressBof) which collects money from newspapers and magaiznes in the UK.
• Each newspaper/magazine contributes in proportion to the number of people who buy and read it (circulation)
• Members of the public do not pay for the service in any way
• The PCC accepts complaints from anyone who believes an article involving them breaches the Code in any way
• In 2007, 1.5 % of complaints came people in the public eye with 95.8 % from ordinary members of the public.
• The Code provides special protection to particularly vulnerable groups such as children, hospital patients and those at risk of discrimination.
• The majority of complaints regard regional newspapers - readers care about their locality

Arguments on Film Classification

 

Do you think the way films are regulated is sensible, useful to society and achieves its aim of protecting the vulnerable and upholding the law?
Is there anything you think could be done to improve the system?

• The main focus should be on providing information to viewers and there should be less emphasis on just regulation.
• Obviously regulation is important as people need a guideline and films aren't suitable for everyone but there should be less of a focus on rating and the BBFC need to work harder to make sure people (especially parents) are aware of the information provided as most aren't.

Key differences between each rating

U-PG:

• Discrimination of an unrelatable character or in an historical/educational context is fine if disapproved of.
• There can be an anti-drug message
• There can be frightening sequences if in a fantasy setting (still not prolonged)
• Still no imitable behaviour
• No specification of mild bad language
• No specification of occasional natural nudity
• Sexual innuendo allowed but discreet
• More mature themes/serious problems (eg. domestic violence) allowed but still in a mild way
• Violence can be stronger at a PG but can’t be in detail and justified by context
• Horror can be more frightening at a PG but cannot be prolonged and fantasy is treated less strictly

PG-12A

• Discrimination can be more aggressive if condemned
• 12A now allows infrequent, non-glamorised misuse of drugs
• Horror allowed to be prolonged provided they are infrequent
• Same rules apply to imitable behaviour
• There can be moderate language at 12A eg. infrequent use of the 'f' word
• Nudity doesn't have to be natural anymore and sexual nudity must be brief and discreet
• Sexual activity can go further than implied but discreetly portrayed
• Mature themes must be acceptable for young teens
• Violence doesn't need to be justified by context although sexual violence is now allowed but may be implied and must have strong contextual justification

12A-15

• Discrimination doesn't have to be condemned at a 15 but not endorse it
• Drug use doesn't have to be infrequent and can be glamourised but the film as a whole should not endorse this
• Strong horror and threat allowed at a 15 but not sexualised or sadistic
• Strong language like the 'c' word allowed if justified by context and infrequent
• No longer constraints on nudity in a sexual or educational context
• Sex doesn't have to be brief or discreet any more
• Theme must be suitable for 15 year olds
• There may be detailed verbal references to sexual violence but any portrayal of sexual violence must be discreet and have a strong contextual justification.

15-18

• Viewers are adults so completely free to choose their own entertainment
• Illegal drug use is not allowed
• Sexualised violence is allowed in a 18 but cannot cause potential harm to anyone or society
• Clear images of real sex is still not permitted

18-R18

• Work must still NOT breach laws
• R18 films are primarily for explicit works of consenting sex or strong fetish material involving adults.
• Only allowed in specially licenced cinemas or sex shops

R18 Rating

To be shown only in specially licensed cinemas, or supplied only in licensed sex shops, and to adults of not less than 18 years

The ‘R18’ category is a special and legally restricted classification primarily for explicit works of consenting sex or strong fetish material involving adults. Films may only be shown to adults in specially licensed cinemas, and video works may be supplied to adults only in licensed sex shops. ‘R18’ video works may not be supplied by mail order.

The following content is not acceptable:

• any material which is in breach of the criminal law, including material judged to be obscene under the current interpretation of the Obscene Publications Act 1959
• material (including dialogue) likely to encourage an interest in sexually abusive activity (for example, paedophilia, incest or rape) which may include adults role-playing as non-adults
• the portrayal of any sexual activity which involves lack of consent (whether real or simulated). Any form of physical restraint which prevents participants from indicating a withdrawal of consent
• the infliction of pain or acts which may cause lasting physical harm, whether real or (in a sexual context) simulated. Some allowance may be made for moderate, non-abusive, consensual activity
• penetration by any object associated with violence or likely to cause physical harm
• any sexual threats, humiliation or abuse which does not form part of a clearly consenting role-playing game. Strong physical or verbal abuse, even if consensual, is unlikely to be acceptable.

These Guidelines will be applied to the same standard regardless of sexual orientation.