VIDEO RECORDING
ACT
Legal/Ethical Issues
Video Recording Act - Background
■ The video recording act was introduced into the UK in 1978. At the time there was no
legislation governing what could be released on video or to whom video recordings can be
supplied.
■ Initially the major distributors were wary of releasing their films on video because they felt
video tapes might have an adverse effect on cinema revenues.This left the market open for
smaller distributors who, in most cases, could only afford to release low budget material;
horror etc.
■ As there was no legislation governing video recordings, these companies were therefore
able to release films that had not been submitted to the BBFC for cinema release, uncut
versions of films that had been cut by the BBFC and even films that had been refused a
certificate altogether by the BBFC.
■ Some of the films released contained scenes that would be in contravention of UK laws on
animal cruelty and obscenity. Even more worrying was the fact that such films were
available, in theory at least, to children of any age.
Video Recordings Act 1984 (VRA)
■ In making decisions under the Act, the BBFC was required to consider 'whether or not video
works are suitable for a classification certificate to be issued to them, having special regard
to the likelihood of video works being viewed in the home' and to consider whether a video
was 'not suitable for viewing by persons who have not attained a particular age‘.
■ The Act also required that tapes, disc and packaging should be correctly labelled with the
BBFC certificate and an explanation of that certificate. E.g. ‘suitable for 15 – this means
that it cannot be sold or watched by anyone under that age.
■ Given the enormous number of video works already in circulation, those video works that
had already been released were given a series of deadlines by which they must be rated or
removed from the shelves. However, by 1st September 1988 all existing recordings needed
to have been rated.
Video Recordings Act 2010 (VRA)
■ In January 2010, theVideo Recordings Act 2010 (VRA 2010) came into force.This simultaneously
repealed and immediately revived without amendment theVideo Recordings Act 1984, in order to
correct a procedural error made during the passage of theVRA 1984.
■ Exempt videos:
TheVideo Recordings Act did, however, state that certain types of video works do not require age rating
by the BBFC.These are:
■ Works which, taken as a whole, are designed to inform, educate or instruct.
■ Works which, taken as a whole, are concerned with sport, religion or music.
■ On 4 August 2014, theVRA was amended to lower the threshold at which certain video content loses
its exemption from classification.The amendment came into effect on 1 October 2014, so
documentaries, sports and music video works that could claim exemption before 1 October now need
to seek a BBFC classification if they contain material which could be potentially harmful or otherwise
unsuitable for children.
This means such works will lose their exemption and legally need to be classified if they contain material which would be rated at
a 12 category and above. Qualifying elements include issues such as the use of strong language, and the depiction or promotion
of activities involving illegal drugs or the misuse of drugs.
■ depicts or promotes violence or threats of violence or the immediate aftermath of violence on human or animal characters;
■ depicts or promotes suicide or attempted suicide, or depicts the immediate aftermath of such an event;
■ depicts or promotes any act of scarification or mutilation of a person, or of self-harm, or depicts the immediate aftermath
of such an act;
■ depicts techniques likely to be useful in the commission of offences or, through its depiction of criminal activity, promotes
the commission of offences;
■ depicts or promotes acts of force or restraint associated with human sexual activity;
■ includes words or images that are intended or likely (to any extent) to cause offence, whether on the grounds of race,
gender, disability, religion or belief or sexual orientation, or otherwise.

Video recording act

  • 1.
  • 2.
    Video Recording Act- Background ■ The video recording act was introduced into the UK in 1978. At the time there was no legislation governing what could be released on video or to whom video recordings can be supplied. ■ Initially the major distributors were wary of releasing their films on video because they felt video tapes might have an adverse effect on cinema revenues.This left the market open for smaller distributors who, in most cases, could only afford to release low budget material; horror etc. ■ As there was no legislation governing video recordings, these companies were therefore able to release films that had not been submitted to the BBFC for cinema release, uncut versions of films that had been cut by the BBFC and even films that had been refused a certificate altogether by the BBFC. ■ Some of the films released contained scenes that would be in contravention of UK laws on animal cruelty and obscenity. Even more worrying was the fact that such films were available, in theory at least, to children of any age.
  • 3.
    Video Recordings Act1984 (VRA) ■ In making decisions under the Act, the BBFC was required to consider 'whether or not video works are suitable for a classification certificate to be issued to them, having special regard to the likelihood of video works being viewed in the home' and to consider whether a video was 'not suitable for viewing by persons who have not attained a particular age‘. ■ The Act also required that tapes, disc and packaging should be correctly labelled with the BBFC certificate and an explanation of that certificate. E.g. ‘suitable for 15 – this means that it cannot be sold or watched by anyone under that age. ■ Given the enormous number of video works already in circulation, those video works that had already been released were given a series of deadlines by which they must be rated or removed from the shelves. However, by 1st September 1988 all existing recordings needed to have been rated.
  • 4.
    Video Recordings Act2010 (VRA) ■ In January 2010, theVideo Recordings Act 2010 (VRA 2010) came into force.This simultaneously repealed and immediately revived without amendment theVideo Recordings Act 1984, in order to correct a procedural error made during the passage of theVRA 1984. ■ Exempt videos: TheVideo Recordings Act did, however, state that certain types of video works do not require age rating by the BBFC.These are: ■ Works which, taken as a whole, are designed to inform, educate or instruct. ■ Works which, taken as a whole, are concerned with sport, religion or music. ■ On 4 August 2014, theVRA was amended to lower the threshold at which certain video content loses its exemption from classification.The amendment came into effect on 1 October 2014, so documentaries, sports and music video works that could claim exemption before 1 October now need to seek a BBFC classification if they contain material which could be potentially harmful or otherwise unsuitable for children.
  • 5.
    This means suchworks will lose their exemption and legally need to be classified if they contain material which would be rated at a 12 category and above. Qualifying elements include issues such as the use of strong language, and the depiction or promotion of activities involving illegal drugs or the misuse of drugs. ■ depicts or promotes violence or threats of violence or the immediate aftermath of violence on human or animal characters; ■ depicts or promotes suicide or attempted suicide, or depicts the immediate aftermath of such an event; ■ depicts or promotes any act of scarification or mutilation of a person, or of self-harm, or depicts the immediate aftermath of such an act; ■ depicts techniques likely to be useful in the commission of offences or, through its depiction of criminal activity, promotes the commission of offences; ■ depicts or promotes acts of force or restraint associated with human sexual activity; ■ includes words or images that are intended or likely (to any extent) to cause offence, whether on the grounds of race, gender, disability, religion or belief or sexual orientation, or otherwise.