Government must review video classifications

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Lord Clement-Jones urges the government to pursue a consultation on the options for reforming the exemptions criteria of the Video Recordings Act 2010.

In 1984, Parliament passed the Video Recordings Act, in part in response to public concerns at the time about 'video nasties' that were unregulated. The Video Recordings Act (VRA) states that, subject to certain exemptions, DVDs and videos offered for sale or hire commercially in the UK must be classified by an authority or authorities designated by the secretary of state subsequently. The BBFC is the authority under the VRA that is designated by the government with applying the test of 'suitability for viewing in the home' for DVDs/videos and certain video games.

BBFC classifies films and videos/DVDs according to its Classification Guidelines, with ratings ranging from 'U' for Universal to 'R18' which are restricted videos only allowed to be sold in licensed sex shops. The BBFC's Guidelines are the result of extensive public consultation, with over 20,000 people being consulted during the two most recent Guidelines consultations.

When the VRA was passed over 25 years ago certain video works were made exempt from classification because they were considered unlikely to be harmful. These were most video games and works concerned with sport, religion or music, or designed to inform, educate or instruct. In the case of video games, new legislation passed in Parliament last year means they will lose their exemption for works classified at 12 and above and come under a new statutory regime run by the Video Standards Council.

The threshold at which music, sport, documentaries and religious works lose their exemption is still unchanged, however, and remains very high, covering essentially works which contain: human sexual activity; 'gross' violence; human genital or excretory organs/functions; or techniques likely to be useful in the commission of offences; or are likely to stimulate or encourage sexual activity, violence or crime. Like video game content, the content of these exempt works has changed beyond recognition since 1984. This has meant that inappropriate and potentially harmful content in such works is exempt from statutory classification, allowing it to be legally supplied to children.

During the passage of the Digital Economy Bill, a cross-party group of peers including myself tabled an amendment at committee stage which would have narrowed the exemptions from classification. In response, on 3 March 2010 at report stage, Lord Davies, on behalf of the government, tabled an amendment which was accepted, which amended the VRA to enable the secretary of state to amend exempted works through secondary legislation. The last government also set out plans for a consultation on reform of the current exemptions from classification in the VRA; a decision which had cross-party support in Parliament.

Following this commitment to consult, the BBFC has been in discussions with the mainstream video industry and Local Government Regulation, which is responsible for trading standards officers, to establish agreement on lowering the exemptions threshold. The aim is to ensure the classification and restriction of supply to children of works that could be potentially harmful.

In the view of the BBFC, this would encompass works containing depictions of: sexual content falling short of actual sex, including topless lap dancing and sex toys; strong verbal references to sexual activity, including sexual violence; strong violence, including real-life violence to humans or animals; dangerous behaviour that could be imitated, for example, use of easily accessible weapons or combat techniques or self harm; drug misuse and verbal references to drug misuse; and racism and other discriminatory content.

The coalition government has said that it will issue a consultation on the options for reforming the exemptions criteria under the VRA. The BBFC, in partnership with the home entertainment industry and Local Government Regulation, hopes to be in a position by the time of this consultation to be able offer a solution which protects children from harmful material, is in line with consumer expectations and has the support of industry. At the current time, there is, however, no date set for the consultation.

My oral question in the Lords on the 23rd March is designed to stimulate the government to further much-needed action.

A solicitor, Tim Clement-Joneswas raised to the peerage as a Liberal Democrat in 1998.