This document deals with the procedure to be adopted in cases where submitting companies are dissatisfied with the determination made by the Board in respect of their work.

The BBFC offers a formal ‘reconsideration’ procedure which is open to any distributor dissatisfied with the determination made in respect of their work (see ‘Stage One’ below). The reconsideration is free of charge and will normally take less than 10 working days.

A distributor may also appeal directly to an independent authority (see ‘Stage Two’ below). Such an appeal make take place following, or instead of, a request for reconsideration by the BBFC.

The procedure for theatrical advertisements and DVD/Blu-ray advertisements is slightly different because of the different legislative frameworks.

Distributors should note that a reconsideration or an appeal involves looking at the issues afresh. This means that the outcome could, in some circumstances, be more restrictive than the original determination.

Stage One: Request for reconsideration by the BBFC

All requests must be made by email to: reconsiderationrequests@bbfc.co.uk

Provided the conditions set out below are met, a request for reconsideration may be made in respect of:

i) the category awarded;

ii) any cuts or alterations required as condition of classification at a particular category (cuts for category); or

iii) any cuts or alterations required regardless of category (compulsory cuts).

A company wishing to appeal against a decision to reject their work should proceed directly to Stage Two

• Theatrical advertisements : a submitting company can request an internal reconsideration of the category awarded up to 42 calendar days after receiving the classification certificate, provided that the work has not been commercially exhibited under a BBFC classification in the UK (press and private screenings, and festival screenings made with the specific agreement of the relevant local authority may be discounted). If more than 42 calendar days has elapsed, or if the work has been commercially exhibited under the BBFC classification in the UK, then the decision can only be revisited by means of making a fresh submission, with normal tariff fees applying . Requests to reconsider cuts must be made within 42 calendar days of receipt of the cuts list.

• DVD/Blu-ray advertisements: a submitting company can request an internal reconsideration of the category up to 42 calendar days after receiving notice of the BBFC’s determination (whether by means of the Interim Clearance Form (ICF) or otherwise in writing, including via the extranet) provided the determination indicated in an ICF has not been accepted . Once a classification certificate has been issued, the Video Recordings Act allows no revision for that particular version of the work. Requests to reconsider cuts must be made within 42 calendar days of receipt of the cuts list.

On receipt of a valid written request for reconsideration, the BBFC will ensure that the work, or the relevant parts of the work, are viewed by a Senior Examiner, the Head of Policy (or, if unavailable, the Chief Assistant (Policy)), and the Director. The outcome of the reconsideration will be communicated to the submitting company within 10 working days, provided there is no need to seek views from legal and/or other external advisers, in which case such views will be sought and considered as soon as is reasonably practicable.

If a reconsideration (or a VAC appeal, see below) results in a different outcome, the submitting company may be required to return paperwork previously issued by the BBFC before new paperwork can be issued.

Reconsideration decisions are final. A submitting company wishing to pursue the matter further must make use of the procedures set out in Stage Two.

Stage Two: Appeal to an independent authority

A submitting company which is dissatisfied with the outcome of a Stage One reconsideration by the BBFC, or whose work has been rejected, may appeal to the relevant independent authority:

• Theatrical advertisements: a submitting company may appeal to the local authority (or authorities) in whose area(s) they intend to show the advertisement. As a result of their role in licensing all public cinemas within their area, local authorities retain the right to vary a BBFC classification decision, by raising or lowering the category awarded by the BBFC, by waiving cuts required by the BBFC, by requiring cuts in addition to any required by the BBFC, by permitting the showing of an advertisement rejected by the BBFC or by forbidding the showing of an advertisement classified by the BBFC. There is no unified process for lodging such an appeal and appeal processes may vary from area to area. The BBFC is under no obligation to assist a distributor in lodging such an appeal. However, it is worth noting that appeals are usually heard by the Licensing Department of the relevant council (who may or may not need to ask Councillors to view the advertisement) and that appeals processes can take several weeks. It should also be noted that appeal decisions only apply in the area over which that Council has jurisdiction and distributors will need to apply separately to every council in whose area they wish to exhibit. It is also worth noting, for information, that many councils will not accept appeals directly from distributors but only from the cinema(s) in question, because it is the cinemas they license rather than the distributors.

• DVD/Blu-ray advertisements: a submitting company may appeal to the independent Video Appeals Committee (VAC), which was established by the BBFC under the provisions of the Video Recordings Act 1984. A distributor has 42 calendar days from the date of receiving notice of the BBFC’s determination (whether by means of the Interim Clearance Form (ICF) or otherwise in writing, including via the extranet) in which to lodge an appeal. An appeal must be lodged with the VAC directly at the following address:-

The Secretary

The Video Appeals Committee

3 Soho Square

London

W1D 3HD

Details of the VAC’s procedures and requirements are available from the VAC on request or from the BBFC website. An appeal fee is payable, equivalent to 2/3 of the original classification fee, which is refundable in the event of a successful appeal. A copy of the work that is the subject of the appeal must be submitted to the VAC together with the initial request for appeal and the relevant payment. It is very important, once an appeal has been lodged, that the distributor should not return their ICF to the BBFC and that the BBFC should not classify the work in question. If the work has been classified (ie the distributor has signed and returned an ICF and received a certificate), no appeal may be heard.