The BBFC operates its classification procedure for video works under the Video Recording Act(1984). The definition of what constitutes a video work is set out at section 1 in the Act. The definition, however, has always been open to a degree of interpretation.
Under the Act any video work that is suitable for classification receives an individual certificate and a unique title. For these purposes the BBFC has since 1984, with certain limited exceptions, defined a video work as a single unit ( e.g., a film, a trailer, or an advertisement ).
With the relatively recent introduction of new technology to the market, in particular the rise of DVD as a delivery format, this position has become increasingly unhelpful. A particular DVD may contain many separate sequences, which the BBFC has felt compelled to treat as separate works. A DVD may well contain a dozen single items of a few minutes in duration in addition to the main feature. Aside from the workload and operational difficulties, to classify each of those single items separately when they may have no independent existence does not seem reasonable.
The video industry, of whose concerns we take careful note, has from time to time, expressed unease with the current position. The need to submit all the different elements of a DVD, so that they can be classified separately, adds cost and delay to the release of their product.
The BBFC has taken further legal advice as to how the Act might reasonably be interpreted so that a more flexible and pragmatic approach can be adopted.
The exceptions that have been permitted in the past and treated as a single work are as follows:
Video magazines
A set of items put together under a common editorial or other theme.
Trailer compilations
A set of trailers for other works.
Cartoon compilations
A series of short cartoons with a common theme.
Digital media
All items on a set of one or more discs, provided the work is always distributed as a whole. The distribution of the work in any computer readable format is allowed.
DVD Extras
A set of items that are of one type and intended for distribution on a DVD. Thus, electronic press kits can be treated as one work, all deleted scenes taken together can be treated together and so on.
DVD Multiple Camera Angles
There is increasing use of multiple camera angles to shoot the same scene for DVD distribution in works submitted to the BBFC. The selection of camera angle can be made as the work is being viewed by the consumer. Under the provisions of the VRA the BBFC is obliged to examine all parts of a work. Since the BBFC at present requires that submissions must be made on VHS tape multi-angle works must have all camera angles transferred to tape. The resulting tape will be treated as one work by the BBFC.
In all these cases if the work as classified is changed either by addition or subtraction then the classification is void. Also, no element can be taken from a complete work and treated as being separately classified. This might be of particular relevance to trailer compilations where the compilation might attract a particular rating, say a “PG”, but which only applies to the entire compilation and not to any individual trailer, which remains unclassified.
After legal advice and consultation with the Home Office and LACOTS, a new set of guidelines has been drawn up. These guidelines are based upon the guiding principle that any combination of items can be treated as a single work if they have a clear relationship between them. This relationship may be by common theme or purpose. The detailed interpretation of this will require some specific instances to establish precedent but the more likely instances are given below.
The other guiding principles that are retained from the current arrangements are being clarified and emphasised.
1. There must be no changes to the material content of a classified work.
Changes to a company logo or similar are permitted but any change at all to any part of the content classified by the BBFC automatically results in the entire work becoming unclassified. Distribution of such unclassified material is, of course, a criminal offence.
2. The work is classified as a whole.
Any item taken from within a classified work does not have a classification, unless it has been classified separately. If, for instance, a trailer compilation is classified the individual trailers are not and therefore they cannot be shown or distributed individually.
3. The work must have a unique title.
The unique title of the work is made up of the title as shown on screen plus the unique register number given at the time of classification by the BBFC.
Where there is a main feature then the title of this work will form the title of the whole. Where a set of additional material is related to a main feature then this must be identified as such, for instance, “Feature Title : Additional Material”, when submitted for classification.
The title on screen on the finished product must match the classified title.
Individual items within a work should be identified by title whenever this is reasonable.
The summary of the guidelines below is for guidance and may change in the light of experience.
Video magazines
A set of items put together under a common editorial or other theme may be treated as one work.
Trailer compilations
A set of trailers for other works may be treated as one work.
Cartoon compilations
A series of cartoons with a common theme may form one work, if they share common characters for instance. There is no restriction on the length of any individual cartoon.
Advertising compilations.
Advertising material put together so as to form a complete package may be treated as one work. This will allow, for instance, a retailer to group a set of advertising material together to promote products available from the retailer. However no one advertisement can be taken from such a compilation and used separately if the compilation has been classified under one certificate
Digital media
All items on a set of one or more discs will be treated as one work, provided the work is always distributed as a whole. The distribution of the work in any computer readable format is allowed, provide the content is unchanged.
DVD Extras, deleted
scenes, TV spots, etc.
Any combination of items taken together may be treated as one work, provided they have a common theme. Thus, all the added value material on a DVD can be treated as one work.
Complete DVD
The entire content of a single DVD can be treated as one work, provided there is a common theme or content.
Series
A number of episodes of a television series each developing the same story or telling a different story, may be accepted as a single work. Such works must have an identifying unique title as a compilation, for instance “XYZ Series 1” and this title must appear on screen. Each episode might have an identifying title but this is not a requirement.
Serials
A number of episodes of a long running television “soap” may be accepted as a single work. Such works must have an identifying unique title as a compilation, for instance “ABC - The whole story” and this title must appear on screen.
Particular attention is drawn to the degree of flexibility that now exists as to how a complete classification might arise.
If a company wishes to put, say, a main feature, a series of 10 extras and a set of 5 trailers on to one delivery medium there are now many ways this could be constructed. Each individual element could be separately classified ( 16 classifications ) , each set of items could be classified as a separate work ( 3 classifications ) or the whole combination together ( 1 classification). The flexibility extends further as each trailer could be separate plus the feature and the extras ( 7 classifications ). Depending upon the choice made the company could choose various ways of then packaging the separate elements, provided each separately classified work was not changed.
Also, there is no distinction made between DVD and VHS tape, or any other medium: the same guidelines apply.
The Consumer
This clarification of the definition of video works should serve consumer interests. It will be simpler for the consumer to be properly informed about the content of a work as a whole, including the additional elements that can be of a different intensity compared with the feature. Consumer advice can now extend to cover all contents of the work rather than being only concerned with the main feature.
The Video Industry
The video industry has been keen to move forward in this direction for some time. We would expect this change to be warmly welcomed in industry quarters.
The industry is being offered a very considerable degree of flexibility as a result of this change and we would hope that the industry will be able to take advantage of this flexibility to simplify and streamline their processes.
We feel it is fair to warn the industry that the full implications of this change need to be thought through carefully by all concerned. As an illustration of this, the implication of submitting complete DVD content for a single classification is that any change for subsequent marketing reasons would invalidate the classification and a full submission of the new work would be required. The later submission would attract a full fee, regardless of the magnitude of the change.
The BBFC
The major impact upon the BBFC is likely to be a significant reduction in the number of items being processed. We would expect that the hours of material being examined would not change significantly, though this depends to a great extent on the way in which the industry responds to this change.
We anticipate the possibility of a significant reduction in our fee income as a result of the removal of many items that are currently attracting a minimum fee. If these are more usually submitted together in future then the effect is to reduce the total fees levied.
Law Enforcement
Having looked at the BBFC’s role in relation to law enforcement there would appear to be few difficulties, though we will listen carefully to any concerns expressed by law enforcement agencies or other interested parties.
The enquiries from Trading Standards that we are asked to assist with usually fall into the categories below. We believe we can address these at least as well under the new guidelines.
Test purchases for age
The works require labelling for age categories and the BBFC is, as previously, able to identify whether a work is classified by unique title under the new guidelines.
Title enquiry on possibly unclassified material
The unique title will be available on all classified works as now and the level of service available to law enforcement agencies will continue as present. There is a possible simplification for law enforcement as it should be less likely in future that a single unclassified element has been inadvertently released as part of a larger piece.
Copyright infringement
The BBFC will still be able to offer the same level of support to these enquiries. The effect of simplifying the classification of complex material such as DVDs should assist Trading Standards, FACT and the BBFC in identifying possible breaches.
Seizure of material
Such works would be subject to research and technical checks by the BBFC as now. Many such seizures are for probably unclassified material and these are usually readily identified as such.
All submissions must continue to be on PAL VHS tape for the time being. The BBFC foresees submissions being made in DVD or other digital format in the near future, but this has other implications that need to be thought through carefully. It would not be appropriate to change both the policy and the mechanics of classification significantly at the same time. We will give the format issue high priority when the new policy has settled in.
To of service to the industry and consumers the BBFC will record the contents list of composite works where possible. Companies submitting works for classification are therefore required to supply a list of contents identifying all composite items.
The fees for submissions will be based upon the time required for examination. This will usually be a simple total of the running time of the elements on the submitted tape.
Where a DVD as released contains a significant degree of interactivity, for example if it contains a video game, then the company must ensure that the game is either exempt or is classified by the BBFC. The BBFC anticipates that there will be an increasing degree of interactivity within DVDs and other possible digital formats and is considering the possible implications of this for classification.
This change to our existing procedure starts from February 19th 2001. All works received by us before that date will be dealt with under the current procedure.