Age-classifications should be given to some music and sports video content, Government proposes

The Department for Culture, Media and Sport (DCMS) has published a consultation (41-page / 217KB PDF) inviting views on proposed changes to UK legislation governing the activities of the BBFC.

The BBFC is an independent regulator of films, DVDs and video games and age-classifies 'video works' for viewing in the home in accordance with UK law. However, some video content does not have to be classified by the BBFC. This content includes music, sports, religious or educational videos, unless they contain adult-type content such as sex, violence or criminal behaviour.

DCMS said it could change the existing regime by removing the current "exemptions" in order to make all "music, sport, religious and educational videos subject to statutory film age rating by the BBFC". It has also raised an alternative option that would see a new "self-regulatory ‘parental advisory’ labelling scheme" developed by the video industry so that the industry itself could "self-regulate the currently exempt products without the need for any legislative changes."

However, the Government said its preference is to introduce new regulations requiring the BBFC to classify all content if it is "likely to be unsuitable" for children under the age of 12.

"Our preference at this stage is to lower the threshold for exemption by amending the [Video Recordings Act (VRA)] via secondary legislation," DCMS said in its consultation. "This would effectively mean introducing statutory age rating for all products likely to cause concern whilst avoiding new regulatory burdens for a large proportion of the market."

"Evidence to date suggests that most currently exempt products are suitable for wide distribution and would be classified as such by the BBFC anyway. However, we have an open mind on this matter and want to hear the full range of opinions and views to assist with arriving at the best possible solution," it said.

DCMS said that there is "concern that content which does not meet the current threshold over which an age rating is required is still inappropriate to be viewed by children and younger adults and at present can be widely available for sale without any age rating guidance or restriction". It added that there are no requirements under law for those works to "carry any indication that they contain material that may be unsuitable for children".

DCMS said that a Government-commissioned report published last year had recommended that the Government review the VRA to consider whether music videos should have to be sold with a compulsory age classification.

"Such age rating information may also help to ensure that parental controls on televisions, computers, phones and other devices start to filter music videos more effectively than at present," Reg Bailey of the Mothers' Union charity said in his Independent Review of the Commercialisation and Sexualisation of Childhood last June.

DCMS is also consulting on whether to remove the BBFC from the process of age-classifying advertising content that is "shown together with a main feature film" in cinemas. DCMS wants to amend the Licensing Act, which provides advertisers with the statutory obligation for obtaining a BBFC classification in those circumstances.

Because advertisers must comply with rules set by the Committee of Advertising Practice (CAP) if they want to advertise alongside films in the cinema, it is not necessary for the BBFC to have an input to ensure adverts are not inappropriately included, DCMS said.

"At this point our view is that there is a strong case for simplifying the regulation of cinema adverts," it said. "Given the similarities between the CAP Code and the BBFC’s pre-release scrutiny of commercials, the public should not face any change in their cinema experience if the BBFC withdrew from cinema advertising clearance. However, we have an open mind and want to hear the full range of views on both options and indeed on any other options that respondents might consider appropriate."

DCMS said industry is of the belief that the duplicate system for clearing cinema ads "can cause confusion, in many cases create duplication of effort, and result in additional expense whilst not enhancing consumer or child protection".

Ensuring compliance with the CAP Code is the responsibility of the Advertising Standards Authority (ASA). ASA has no powers to fine companies for non-compliance but can order adverts not to be shown again. ASA can refer repeat offenders or those that do not comply with its orders to the Office of Fair Trading (OFT) which does have the power to initiate legal proceedings against companies for breaches of consumer protection laws.

Respondents have until 1 August to submit their views on the Government's plans.

The consultation does not contain any plans to change the existing exemptions under the VRA meaning BBFC classification would not be required where supplies of video works are neither for reward nor in the course or furtherance of a business.