The Video Appeals Committee announced today the results of an appeal in the case of a sex video called "Makin' Whoopee!" which was refused a certificate by the BBFC in April 1998 despite an indication last September that it would be granted an 'R18' certificate for distribution in licensed sex shops. The Appeals Committee has ruled that the Board was wrong to reverse its original decision and to conclude that the video work infringed the provisions of the criminal law because its content was obscene. The Committee was "unanimously of the opinion that the video work is not obscene within the terms of the Obscene Publications Acts and that it should be granted an 'R18' Certificate."
The Board's original intention to classify the work 'R18' was rescinded last autumnwhen the Home Office drew the Board's attention to the fact that the obscenity standards then being applied for the sex shop category did not take into account the stricter standards being applied by the police and H M Customs and Excise in seeking forfeiture orders from Magistrates. The Home Office pointed out that not only is material obscene if it is successfully prosecuted under section 2 of the 1959 Act; it is also obscene if it is ordered to be forfeited by a Magistrate under section 3.
In November 1997, therefore, the Board entered into consultations with the Crown Prosecution Service, the Metropolitan Police and H M Customs and Excise about the test of obscenity which should apply in the case of non-violent sex videos. Standards were tightened in consequence, and the decision to classify the video "Makin' Whoopee!" was withdrawn.
This appeal by Sheptonhurst Ltd asked the Video Appeals Committee to require the Board to revert to its original decision to issue an 'R18' certificate to the video without cuts.