BBFC new rules
Posted: Mon Dec 05, 2005 1:53 pm
Dear Customer,
Offers to supply R18 material other than in a licensed sex shop
I am writing to give you notice of a change of policy which will come into effect on Wednesday 15th March 2006.
As you may be aware, the issue of mail order supplies of works classified R18 has been the subject of recent legal action and the matter is now settled in domestic law. Following the outcome of the court action, the BBFC has taken legal advice regarding the use of classified video works as a means of promoting mail order supplies of ?hardcore? sex tapes.
Under the Video Recordings Act 1984 it is illegal to offer to supply an 'R18' classified video work other than in a licensed sex shop. This prohibition includes offers to supply by mail order from websites based outside the UK: making the offer in the UK is an offence in itself even if the supply would originate from abroad.
It is also illegal to offer to supply an unclassified video work unless that work is exempt from classification. Hardcore pornography is, by its nature, not exempt from classification.
Some video works include references to postal or website addresses and our legal advice is that we are entitled to cut these if they constitute part of an offer to supply R18 material or its equivalent (or stronger). Legal advice further suggests that whether a reference to an address constitutes part of an illegal offer to supply will depend on both the nature of the reference and the nature of the video in which it appears.
The following policy will therefore apply to all works submitted after 15th March 2006:
Sex works (18 or R18)
i) A simple website or postal address with no suggestion (verbal, text or
pictorial) that goods or services can be purchased from it (eg
?www.productionhouse.com?) will normally be passed uncut unless the title itself implies that goods can be purchased from the address (eg
?www.buystuffhere.com?) in which case (ii) applies.
ii) A website or postal address accompanied by a suggestion (verbal, text or pictorial) that goods or services can be purchased from it (eg ?Products are available in our online store www.productionhouse.com?) will normally be cut if a visit to the website reveals that it appears to be offering R18 material or its equivalent (or stronger) by mail order.
All other works
iii) A website or postal address with no suggestion that goods or services relating to R18 material or its equivalent (or stronger) can be purchased from it (eg ?mailorderdvds.com?) will normally be passed uncut.
iv) A website or postal address accompanied by a suggestion (verbal, text or pictorial) that goods or services relating to R18 material or its equivalent (or stronger) can be purchased from it (eg ?get hardcore sex at www.illegal supply.com?) will normally be cut if a visit to the website reveals that it appears to be offering R18 material or its equivalent (or
stronger) by mail order.
NB ?by mail order? involves an offer to sell a tape, disc, chip or other storage device by means of the post or a parcel or courier service or similar. An offer to supply hardcore material by video-on-demand (streaming, downloads, etc) or other manner in which no physical product changes hands does not count as mail order supply of a video work.
If you have any questions regarding this policy, please do not hesitate to contact me, Craig Lapper or Murray Perkins on 020 7440 1570.
The interesting part is download and streaming..nice to see they are pushing business our way.
Phil McC
Offers to supply R18 material other than in a licensed sex shop
I am writing to give you notice of a change of policy which will come into effect on Wednesday 15th March 2006.
As you may be aware, the issue of mail order supplies of works classified R18 has been the subject of recent legal action and the matter is now settled in domestic law. Following the outcome of the court action, the BBFC has taken legal advice regarding the use of classified video works as a means of promoting mail order supplies of ?hardcore? sex tapes.
Under the Video Recordings Act 1984 it is illegal to offer to supply an 'R18' classified video work other than in a licensed sex shop. This prohibition includes offers to supply by mail order from websites based outside the UK: making the offer in the UK is an offence in itself even if the supply would originate from abroad.
It is also illegal to offer to supply an unclassified video work unless that work is exempt from classification. Hardcore pornography is, by its nature, not exempt from classification.
Some video works include references to postal or website addresses and our legal advice is that we are entitled to cut these if they constitute part of an offer to supply R18 material or its equivalent (or stronger). Legal advice further suggests that whether a reference to an address constitutes part of an illegal offer to supply will depend on both the nature of the reference and the nature of the video in which it appears.
The following policy will therefore apply to all works submitted after 15th March 2006:
Sex works (18 or R18)
i) A simple website or postal address with no suggestion (verbal, text or
pictorial) that goods or services can be purchased from it (eg
?www.productionhouse.com?) will normally be passed uncut unless the title itself implies that goods can be purchased from the address (eg
?www.buystuffhere.com?) in which case (ii) applies.
ii) A website or postal address accompanied by a suggestion (verbal, text or pictorial) that goods or services can be purchased from it (eg ?Products are available in our online store www.productionhouse.com?) will normally be cut if a visit to the website reveals that it appears to be offering R18 material or its equivalent (or stronger) by mail order.
All other works
iii) A website or postal address with no suggestion that goods or services relating to R18 material or its equivalent (or stronger) can be purchased from it (eg ?mailorderdvds.com?) will normally be passed uncut.
iv) A website or postal address accompanied by a suggestion (verbal, text or pictorial) that goods or services relating to R18 material or its equivalent (or stronger) can be purchased from it (eg ?get hardcore sex at www.illegal supply.com?) will normally be cut if a visit to the website reveals that it appears to be offering R18 material or its equivalent (or
stronger) by mail order.
NB ?by mail order? involves an offer to sell a tape, disc, chip or other storage device by means of the post or a parcel or courier service or similar. An offer to supply hardcore material by video-on-demand (streaming, downloads, etc) or other manner in which no physical product changes hands does not count as mail order supply of a video work.
If you have any questions regarding this policy, please do not hesitate to contact me, Craig Lapper or Murray Perkins on 020 7440 1570.
The interesting part is download and streaming..nice to see they are pushing business our way.
Phil McC