Spy of Darkness is an animated pornographic work focussing almost exclusively on depictions of violent rape and sexual assault. The rapes are shown in explicit and lingering detail using angles and close-up images familiar from pornography. The work also suggests that the appropriate response from the victims is to enjoy being raped. The work therefore eroticises and endorses the act of rape in direct contravention of the Board's guidelines.

The Board considered the possibility of cuts. However given the extent of unacceptable material and the pervasive theme of sexual violence cuts were not considered a viable option on this occasion.

The Board's classification Guidelines the result of an extensive process of public consultation clearly set out our serious concerns about the portrayal of sexual violence in films and videos. On page 9 it is stated that 'Where the portrayal eroticises or endorses sexual assault the Board is likely to require cuts at any classification level... any association of sex with non-consensual restraint pain or humiliation may be cut'. On page 20 under ‘Rejects’ the Board also identifies as of the greatest concern: 'graphic rape or torture sadistic violence or terrorisation ...sex accompanied by non-consensual pain injury or humiliation...'.

The Board’s strict policy on sexual violence is based in part upon the issue of public acceptability and in part upon the issue of harm. With regard to public acceptability it is clear that the British public are very concerned by the depiction of sexual violence and feel that any such depictions should be handled sensitively and with great care. The exploitation of sexual violence for titillation is clearly regarded as unacceptable - and potentially dangerous - by the majority. This was illustrated both by the findings of our 1999-2000 public consultation process and by a separate research exercise into public attitudes to sexual violence undertaken in 2001-2.

With regard to the issue of harm there is a substantial body of media effects research suggesting the harm that may be caused by exposure to such material. There is a large and persuasive body of evidence over the years from respected and responsible researchers that shows that where violence and sex are intermingled the effects upon some people are likely to be harmful. In line with its specific duties under the VRA the Board is required to treat material of this kind very carefully indeed.