Overriding Factors

• certain factors that can influence the classification of a film.
• these factors are important when film material lies on the borderline between to categories. 

The Catergories:

1. Context -

• general publics expectations, especially the particular audience
• genre
• manner in which it is presented 
• intention of the film maker 
• original production date of the work

2. Tone and impact

3. Release format

Legal Considerations

• Humans Right Act 1998: right to freedom of expression however there are certain restrictions as stated by other laws (no hate crimes, blasphemy)
• The Licensing Act 2003: All cinemas need to have an official license approved by the local authority.

Objectives of this act are -

1.     the prevention of crime and disorder

2.     public safety

3.     prevention of public nuisance

4.     protection of children from harm

• The Video Recordings Act 1984: Films which are distributed onto discs, tapes, etc. must be classified by the BBFC.BBFC need to take into consideration the chance of these materials being viewed at home and also to the fact that the audience's behaviour due to the fact that the works might reference to criminal behaviour, illegal drugs, violent/horrific behaviour and human sexual activity. 
• The Obscene Publication Act 1959+1964: illegal to publish material that is obscene i.e. has a tendency to corrupt the viewing audience.
• Criminal Justice and Immigration Act 2008: illegal to have possession of an extreme pornographic image i.e. features a "real" person and shows them in an explicit and realistic manner. 
• The Protection of Children Act 1978: illegal to make, distribute show or possess indecent images of children.
• The Sexual Offences Act 2003: illegal to expose them self in order to cause alarm or distress.
• The Public Order Act 1986: illegal to display threatening, abusive, insulting or the intention to cause racial hatred, sexual orientation hate, religious hatred etc. 
• The Cinematograph Films (Animals) Act 1937: Illegal to show any scene involving cruelty to animals. 
• The Animal Welfare Act 2006: illegal to display with intent to supply material displaying an "animal fight". 
• The Tobacco Advertising and Promotion Act 2002

General Principles

Two guiding principles: 

1. That works should be allowed to reach the widest audience that is appropriate for their theme and treatment.

2. That adults should, as far as possible, be free to chose what they see, provided that is remains within the law and is not potentially harmful.

• Three main qualifications:

1. Material should not be in breach of any criminal offences, and not be in conflict with the law. 

2. Cannot potentially any harm to the viewers; individually or to a society. Must pass the "Harm Test".

3. Should be acceptable to wide public opinion. 

BBFC (British Board of Film Classification)

• independent.
• autonomous body.
• films, DVD's and video games.
• classify on behalf of local authorities (under Licensing Act 2003) however, they have the power to decide what films can be shown in their local cinemas.
• can cut scenes from films/videos if they appear to break any laws or acts. 
• guidelines are reviewed periodically.
• guidelines can change according to changes in law; changes in public taste, attitudes and concerns; new-found evidence; recent events. 
• charge companies in order to get their product classified.
• accountable to OFCOM (government).