Video Recordings Act 1984
Encyclopedia
The Video Recordings Act 1984 is an Act
of the Parliament of the United Kingdom
that was passed in 1984. It states that commercial video
recordings offered for sale or for hire within the UK must carry a classification that has been agreed upon by an authority designated by the Home Office
. The British Board of Film Classification
, which had been instrumental in the certification of motion pictures
since 1912, was designated as the classifying authority in 1985. Works are classified by the BBFC under an age-rated system (see motion picture rating systems); it is an offence under the Act to supply video works to individuals who are (or appear to be) under the age of the classification designated. Works that are refused classification cannot, under the Act, be legally sold or supplied to anyone of any age. The BBFC may also require cuts to be made, either to receive a certain age rating, or to be allowed a classification at all.
In August 2009 it was discovered that the Act was unenforceable as the European Commission
was not notified about it, as required by Directive 83/189 (see now Directive 98/34). Directive 83/189 had to be implemented by 31 March 1984 (12 months after its notification to the Member States). Until this situation was rectified, it was legal to sell and supply unclassified videos and computer games, although many retailers had agreed to observe the regulations voluntarily. Then pending prosecutions under the Act were abandoned, but the government has claimed that past convictions cannot be challenged.
In December 2009 the government introduced new legislation, the Video Recordings Act 2010
, which repealed and immediately revived the Video Recordings Act 1984, after the required notification was provided to the European Commission in October 2009. This made the legislation enforceable once again, as well as allowing it to be amended by the Digital Economy Act 2010
.
concerning "video nasties
" that was sparked by tabloid newspapers in Britain during 1982 and 1983.
Sport
, music
, religious
, and education
al works are exempt from classification under the Act. Exemption may be forfeited if the work depicts excessive human sexual
activity or acts of force or restraint associated with such activity, mutilation
or torture
of humans or animals, human genital organs or urinary or excretory functions, or techniques likely to be useful in the perpetration of criminal acts or illicit activity.
The Act was accompanied by the Video Recordings (Labelling) Act 1985, which set out regulations governing the display of certificates awarded by the BBFC on published recordings.
The act was amended in the Video Recordings Act 1993 but underwent no significant changes. It was amended again in the Criminal Justice and Public Order Act 1994
to deal with the growing issue of "video violence". In addition, the amendment extended the definition of a video recording to any device capable of storing electronic data, which invariably includes works available on DVD
as well as CD
and CD-ROM
, although the amendment exempts video games (except if they depict criminal activity which is likely to any significant extent to stimulate or encourage the commission of offences). The labelling regulations were amended in 1985.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that was passed in 1984. It states that commercial video
Video
Video is the technology of electronically capturing, recording, processing, storing, transmitting, and reconstructing a sequence of still images representing scenes in motion.- History :...
recordings offered for sale or for hire within the UK must carry a classification that has been agreed upon by an authority designated by the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
. The British Board of Film Classification
British Board of Film Classification
The British Board of Film Classification , originally British Board of Film Censors, is a non-governmental organisation, funded by the film industry and responsible for the national classification of films within the United Kingdom...
, which had been instrumental in the certification of motion pictures
Film
A film, also called a movie or motion picture, is a series of still or moving images. It is produced by recording photographic images with cameras, or by creating images using animation techniques or visual effects...
since 1912, was designated as the classifying authority in 1985. Works are classified by the BBFC under an age-rated system (see motion picture rating systems); it is an offence under the Act to supply video works to individuals who are (or appear to be) under the age of the classification designated. Works that are refused classification cannot, under the Act, be legally sold or supplied to anyone of any age. The BBFC may also require cuts to be made, either to receive a certain age rating, or to be allowed a classification at all.
In August 2009 it was discovered that the Act was unenforceable as the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
was not notified about it, as required by Directive 83/189 (see now Directive 98/34). Directive 83/189 had to be implemented by 31 March 1984 (12 months after its notification to the Member States). Until this situation was rectified, it was legal to sell and supply unclassified videos and computer games, although many retailers had agreed to observe the regulations voluntarily. Then pending prosecutions under the Act were abandoned, but the government has claimed that past convictions cannot be challenged.
In December 2009 the government introduced new legislation, the Video Recordings Act 2010
Video Recordings Act 2010
The Video Recordings Act 2010 is an Act of the Parliament of the United Kingdom that received Royal Assent on 21 January 2010. The Act repealed and then brought back into force parts of the Video Recordings Act 1984 which related to the regulation of video recordings...
, which repealed and immediately revived the Video Recordings Act 1984, after the required notification was provided to the European Commission in October 2009. This made the legislation enforceable once again, as well as allowing it to be amended by the Digital Economy Act 2010
Digital Economy Act 2010
The Digital Economy Act 2010 is an Act of the Parliament of the United Kingdom regulating digital media. Introduced by Peter Mandelson, Lord Mandelson, it received Royal Assent on 8 April 2010, and came into force on 8 June 2010 The Digital Economy Act 2010 (c. 24) is an Act of the Parliament of...
.
History
The act was a legislative reaction to a moral panicMoral panic
A moral panic is the intensity of feeling expressed in a population about an issue that appears to threaten the social order. According to Stanley Cohen, author of Folk Devils and Moral Panics and credited creator of the term, a moral panic occurs when "[a] condition, episode, person or group of...
concerning "video nasties
Video nasty
"Video nasty" was a colloquial term coined in the United Kingdom by 1982 which originally applied to a number of films distributed on video cassette that were criticized for their violent content by the press, commentators such as Mary Whitehouse and various religious organizations.While violence...
" that was sparked by tabloid newspapers in Britain during 1982 and 1983.
Sport
Sport
A Sport is all forms of physical activity which, through casual or organised participation, aim to use, maintain or improve physical fitness and provide entertainment to participants. Sport may be competitive, where a winner or winners can be identified by objective means, and may require a degree...
, music
Music
Music is an art form whose medium is sound and silence. Its common elements are pitch , rhythm , dynamics, and the sonic qualities of timbre and texture...
, religious
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
, and education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
al works are exempt from classification under the Act. Exemption may be forfeited if the work depicts excessive human sexual
Human sexuality
Human sexuality is the awareness of gender differences, and the capacity to have erotic experiences and responses. Human sexuality can also be described as the way someone is sexually attracted to another person whether it is to opposite sexes , to the same sex , to either sexes , or not being...
activity or acts of force or restraint associated with such activity, mutilation
Mutilation
Mutilation or maiming is an act of physical injury that degrades the appearance or function of any living body, usually without causing death.- Usage :...
or torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
of humans or animals, human genital organs or urinary or excretory functions, or techniques likely to be useful in the perpetration of criminal acts or illicit activity.
The Act was accompanied by the Video Recordings (Labelling) Act 1985, which set out regulations governing the display of certificates awarded by the BBFC on published recordings.
The act was amended in the Video Recordings Act 1993 but underwent no significant changes. It was amended again in the Criminal Justice and Public Order Act 1994
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
to deal with the growing issue of "video violence". In addition, the amendment extended the definition of a video recording to any device capable of storing electronic data, which invariably includes works available on DVD
DVD
A DVD is an optical disc storage media format, invented and developed by Philips, Sony, Toshiba, and Panasonic in 1995. DVDs offer higher storage capacity than Compact Discs while having the same dimensions....
as well as CD
Compact Disc
The Compact Disc is an optical disc used to store digital data. It was originally developed to store and playback sound recordings exclusively, but later expanded to encompass data storage , write-once audio and data storage , rewritable media , Video Compact Discs , Super Video Compact Discs ,...
and CD-ROM
CD-ROM
A CD-ROM is a pre-pressed compact disc that contains data accessible to, but not writable by, a computer for data storage and music playback. The 1985 “Yellow Book” standard developed by Sony and Philips adapted the format to hold any form of binary data....
, although the amendment exempts video games (except if they depict criminal activity which is likely to any significant extent to stimulate or encourage the commission of offences). The labelling regulations were amended in 1985.