EXEMPT WORKS
'Video work' means any series of visual
images (with or without sound):
- produced electronically by the use of
information
contained on any disc, magnetic tape or any other device capable of
storing data electronically, and
- shown as a moving picture.
The Video Recordings Act requires that all
video
works supplied in Britain must be classified by the body designated to
perform this task, namely the British Board of Film Classification,
unless they fall into one of the three exempt areas:
works which, taken as a whole, are
designed to inform, educate or instruct;
works which, taken as a whole, are
concerned with sport, religion or music;
video games.
Inevitably there is an element of
interpretation
required here. In particular, it may be a matter of judgement
whether a work, taken as a whole, is essentially a work of information
or entertainment. Documentary material, for example, may
easily
fall into either of these categories.
Having reached a decision about whether the
work
falls into one of these areas, the distributor must then determine
whether the work includes, to any significant extent, any of the
following:
human sexual activity or acts of force or
restraint associated with such activity;
mutilation or torture of, or other acts
of gross violence towards, humans or animals;
human genital organs or human urinary or
excretory functions;
techniques likely to be useful in the
commission of offences;
or are likely to any significant extent
to stimulate or encourage such sexual activities,
or are likely to any extent to encourage
mutilation, torture or gross violence,
or are likely to any significant extent
to stimulate or encourage the commission of offences.
If the work does include any of the above
elements
or is likely to stimulate or encourage them, then the exemption is lost
and that work must be submitted to the Board for classification.
A video recording may contain a number of
video
works. Distributors should consider the criteria for exemption in
relation to each individual element that will appear on the final disc,
tape, etc. An individual trailer, advert or item of bonus material may
require classification even if the main feature or video game it
accompanies does not.
WHO DECIDES WHETHER A WORK IS
EXEMPT OR NOT?
Decisions as to whether a work falls into
one of
the exempt areas or includes material that loses the exemption can only
be made by the distributor or supplier. The Board's role is
purely to classify works submitted to it. The Board has no
authority to make any decision about whether submitted works could be
exempt.
DOES IT MATTER IF I SUBMIT TO THE
BBFC A WORK WHICH MIGHT BE EXEMPT?
No. The BBFC will of course accept
submissions of
material which may be exempt. Exempt works are sometimes
classified because the distributor prefers a BBFC classification
because our categories and symbols are familiar to the public and enjoy
the support of the law.
WHAT ABOUT WORKS ALREADY CLASSIFIED
ELSEWHERE OR SHOWN ON TV?
Once transferred to a disc, magnetic tape or
any
other device capable of storing data electronically for distribution,
works are considered to be different from the same material broadcast
on television. TV regulation is different from video
regulation,
and even from film regulation and, by law, a new decision has to be
made. Any classification decisions made anywhere else in the
world are similarly irrelevant. It has also to be borne in
mind
that the version for release as a video work may not always be the same
as that shown on TV here or seen in other countries.
WHAT HAPPENS IF A WORK WHICH SHOULD
BE CLASSIFIED IS NOT?
The Video Recordings Act is enforced mainly
by
local Trading Standards Officers. Their role is to visit
stores
and inspect the stock and to check that no unclassified works are being
sold or rented and that all other details of relevant legislation are
being observed. They are entitled to take an 'exempt' work
from a
shop if they doubt its exempt status. If, on inspecting that
work, they reach the conclusion that it should have been classified,
the distributor could be prosecuted.
EXEMPT SUPPLY
Even if a work itself is not exempt, it is
possible that its supply is. The Act defines an exempt supply
as
one which is neither 'a supply for reward' nor 'in the course or
furtherance of a business'. So, if there is no reward (eg
exchange of money) associated in any way with the transaction, and as
long as the supply is entirely unrelated to any business activity, the
supply could be considered exempt. This would not be the
case,
for instance, if videos were being lent or given away to attract
customers to a shop, even one whose actual business was unrelated to
video.
There are other circumstances in which a
supply
can be considered exempt, such as the record of an event which is to be
circulated only to those connected with the event - e.g. a wedding
video.
These and other details can be found in the
Video
Recordings Acts 1984 and 1993 which can be obtained from The Stationery
Office.
Further advice on exempt video works
(including
video games) may be obtained from The Video Standards Council
(www.videostandards.org.uk).
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