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The Video Recordings Act 1984 is an unenforceable UK Act of Parliament 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 were refused classification could not, under the Act, be legally sold or supplied to anyone of any age. In August 2009, it was discovered that the Act was unenforcable as the European Commission were not notified as required by the then 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 is rectified, it is legal to sell and supply unclassified videos and computer games, although many retailers have agreed to observe the regulations voluntarily. Currently pending prosecutions under the Act have been abandoned, but the government has claimed that past convictions cannot be challenged.[1][2][3]
[edit] HistoryThe act was a legislative reaction to a moral panic concerning "video nasties" that was sparked by tabloid newspapers in Britain during 1982 and 1983. Sport, music, religious, and educational 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. [edit] Campaign for Reforming The VRAThere is a campaign being led by a new wave of film makers who are championing the introduction of a Voluntary 18+ Certificate. Technology has allowed many film makers to now produce films completely independently using their own equipment and micro-budgets. However, the VRA is set to be re-introduced and with the BBFC rates being so high, these new film makers would not have access or funds to possibly acquire a certificate. They are campaigning for the legal rights to sell their films regardless of content to willing adults only, bringing the UK in line with other countries which have their own voluntary 18+ certificates, and opening up profitable markets and publicity to all film makers. Crucially, the campaign points out that the VRA potentially infringes on film-makers creative freedoms, and therefore their freedom of speech. The campaign can be found at http://www.reformthevra.co.uk [edit] See also[edit] References
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