VIDEO VOYEUR consists of intimate images filmed in a men's changing room. It shows men washing, drying and changing themselves, apparently taken with a hidden camera without their knowledge or consent. In 1998 the same work, under the title CHANGING ROOM EXPOSED, was refused a classification by the BBFC. The BBFC's concern was that the recording of the material in question was a clear invasion of privacy and the distribution of the resulting video would exacerbate that. In 1998, it was conceded that the work was indeed filmed without the knowledge or consent of those shown in the video. That year, a formal appeal was lodged against the BBFC's decision to refuse a certificate to CHANGING ROOM EXPOSED. At no time was it contested that the contents of the video were filmed without the consent of the men depicted. The appeal itself was withdrawn by the distributors before it could be heard. Despite the relatively recent refusal to grant CHANGING ROOM EXPOSED a classification and the withdrawal of an appeal against the BBFC's decision, the content was resubmitted under a different title, VIDEO VOYEUR, towards the end of 2001. At the time of resubmission no mention was made of the fact that VIDEO VOYEUR was in fact a retitled version of CHANGING ROOM EXPOSED. The distributor claimed that all the footage contained within the programme was staged and that the scenes were shot using actors. No documentary evidence was offered to support this claim. Given that this assurance contradicted the clear statements made during 1998, the BBFC asked for written evidence that the persons involved in the video knew that they were being filmed and had given their consent to appear in the video. However, the distributors were unable to provide this. They were also unable to demonstrate where the work was filmed or under what circumstances. No evidence has been offered that would allow us to override the information provided at the time of the content's original submission. In the absence of any such evidence the BBFC has likewise deemed VIDEO VOYEUR unsuitable for classification.