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Video Recordings Act 1984

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41-671: The Video Recordings Act 1984 (c. 39) 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 (BBFC), which had been instrumental in the certification of motion pictures since 1912,

82-511: A white paper , which is a clear statement of intent. It is increasingly common for a small number of Government bills to be published in draft before they are presented in Parliament. These bills are then considered either by the relevant select committee of the House of Commons or by an ad hoc joint committee of both Houses. This provides an opportunity for the committee to express a view on

123-492: A few, if any, are passed each year. Parliamentary authorities maintain a list of all private bills before parliament . Hybrid bills combine elements of both public and private bill. While they propose to make changes to the general law, they also contain provisions applying to specific individuals or bodies. Recent examples are the Crossrail Bill, a hybrid bill to build a railway across London from west to east , and

164-510: A general change in the law. The only difference from other public bills is that they are brought forward by a private member (a backbencher) rather than by the government. Twenty private members' bills per session are allowed to be introduced, with the sponsoring private members selected by a ballot of the whole house, and additional bills may be introduced under the Ten Minute Rule . Financial bills raise revenue and authorise how money

205-483: A mass demonstration of facesitting and singing of the Monty Python song " Sit on My Face ". One protest sign read, "Urine for a shock if you expect us to stop." Rose and other female erotic performers expressed concern that the regulations were approved without a vote or public consent, and that the changes could be indicative of further changes to obscenity law. In response to the controversy, Julian Huppert ,

246-513: A minimum consultation period of twelve weeks. Consultation documents are widely circulated (see for example the Home Office consultation on extreme pornography and the Scottish Government 's consultation on food policy ). The character of the consultation is shaped by the government's determination to press forward with a particular set of proposals. A government may publish a green paper outlining various legislative options or

287-541: A period of consultation will take place before a bill is drafted. Within government, the Treasury and other departments with an interest will be consulted along with the devolved administrations in Scotland, Wales and Northern Ireland. Outside government, interested parties such as trade unions , industry bodies and pressure groups will be asked for their views on any proposals. The Cabinet Office Code of Practice specifies

328-409: A process of consultation, the sponsoring department will send drafting instructions to parliamentary counsel, expert lawyers working for the government responsible for writing legislation. These instructions will describe what the bill should do but not the detail of how this is achieved. The Parliamentary counsel must draft the legislation clearly to minimise the possibility of legal challenge and to fit

369-486: A role to judge anybody's sexual behaviour, and that supporting sexual freedom was a "classic liberal assertion". Following the December 2014 face-sitting protest outside of Parliament, the feminist magazine Bitch criticized the regulations for censoring women's sexuality on the basis that "[t]he laws seem to specifically target acts that prioritize female pleasure or indicate female dominance." The article pointed out

410-469: A specifically named locality or legal person in a manner different from all others. Private bills are "usually promoted by organisations, like local authorities or private companies, to give themselves powers beyond, or in conflict with, the general law. Private bills only change the law as it applies to specific individuals or organisations, rather than the general public. Groups or individuals potentially affected by these changes can petition Parliament against

451-418: A sub-category of private acts, which confer specific rights or duties on a named individual or individuals, for example allowing two persons to marry even though they are within a "prohibited degree of consanguinity or affinity" such as stepfather and stepdaughter. Private bills, common in the 19th century, are now rare, as new planning legislation introduced in the 1960s removed the need for many of them. Only

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492-436: Is designed to keep the business of government and public affairs up to date. These bills may not be substantial or controversial in party political terms. Two sub-classes of the housekeeping bill are consolidation bills , which set out existing law in a clearer and more up-to-date form without changing its substance; and the tax law rewrite bills , which do the same for tax law. An Act of Parliament will often confer power on

533-553: Is educational, or to do with a sport, religion or music and does not depict violence, sex or incite a criminal offence. The BBFC may also require cuts to be made, either to receive a certain age rating, or to be allowed a classification at all. The 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

574-820: Is spent. The best-known such bills are the normally annual Finance Bills introduced by the Chancellor of the Exchequer in the Budget . This usually encompasses all the changes to be made to tax law for the year. Its formal description is "a Bill to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance". Consolidated Fund and Appropriation Bills authorise government spending. This type of bill

615-507: The 1976 Aircraft and Shipbuilding Industries Bill , which was a particularly controversial bill that was ruled to be a hybrid bill, forcing the government to withdraw some of its provisions to allow its passage as a public bill. Once passed, hybrid bills are printed as part of the public general acts. Parliamentary authorities maintain a list of all hybrid bills before parliament . It is important not to confuse private bills with private members' bills, which are public bills intended to effect

656-866: The Digital Economy Act 2010 . In December 2014 streaming and on-demand services were brought under the remit of this act via the Audiovisual Media Services Regulations 2014 . Act of Parliament (UK) King Charles III [REDACTED] William, Prince of Wales [REDACTED] Charles III ( King-in-Council ) [REDACTED] Starmer ministry ( L ) Keir Starmer ( L ) Angela Rayner ( L ) ( King-in-Parliament ) [REDACTED] Charles III [REDACTED] [REDACTED] [REDACTED] The Lord Reed The Lord Hodge Andrew Bailey Monetary Policy Committee An Act of Parliament in

697-621: The King in Council , a minister , or another public body to create delegated legislation, usually by means of a statutory instrument . Bills may start their passage in either the House of Commons or House of Lords , although bills which are mainly or entirely financial will start in the Commons. Each bill passes through the following stages: Although not strictly part of the legislative process,

738-566: The Liberal Democrat MP for Cambridge , laid down an Early Day Motion seeking a debate to annul the regulations, which was signed by fellow Lib Dem MPs David Ward and John Leech , and independent MP Mike Hancock . Huppert stated that any regulations on sex or pornography should be based on issues of consent or risk and not "moral objection. Huppert's EDM also received support from Deputy Prime Minister and Lib Dem leader Nick Clegg , who stated that politicians should not be in

779-715: The United Kingdom is primary legislation passed by the UK Parliament in Westminster , London . An Act of Parliament can be enforced in all four of the UK constituent countries ( England , Scotland , Wales and Northern Ireland ). As a result of devolution the majority of acts that are passed by Parliament increasingly only apply either to England and Wales only, or England only. Generally acts only relating to constitutional and reserved matters now apply to

820-575: 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

861-474: The Lords. They will check the following: After this process, the bill is then ready for introduction. Audiovisual Media Services Regulations 2014 The Audiovisual Media Services Regulations 2014 is a statutory instrument of the Parliament of the United Kingdom that applies regulations to R18 -rated pornography that is available through paid video on demand or other streaming platforms. Prior to

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902-448: The UK. In 2019 the regulations were changed after a review of obscenity laws, legalising the depiction of these acts provided they are performed consensually, do not harm the participants and are unlikely to be viewed by anyone aged under 18. British obscenity law prohibits obscene publications, including pornography that may seriously harm the performer or threaten their life. Prior to the regulations coming into force, online pornography

943-613: The activities were popular in the LGBT and BDSM communities or related to expressions of female sexuality. Myles Jackman , an obscenity lawyer, expressed concerns that the regulations set a dangerous precedent and described pornography as " the canary in the coal mine " of freedom of speech . The regulations were subject to a protest by opponents in Parliament Square on 12 December 2014, organised by sex worker and Clacton by-election candidate Charlotte Rose , which included

984-606: 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 current labelling regulations are The Video Recordings (Labelling) Regulations 2012. 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

1025-586: The bill and propose amendments before it is introduced. Draft bills allow more lengthy scrutiny of potential legislation and have been seen as a response to time pressures which may result in the use of programme orders to impose a strict timetable on the passage of bills and what is known as 'drafting on the hoof', where the government introduces amendments to its own bills. With increased time for scrutiny backed up with considered evidence, draft bills may present governments with difficulty in getting their way. The sponsoring government department will then write to

1066-524: The bill in with existing UK, European Union and delegated legislation. A finished bill must be approved or scrutinised by the sponsoring department and minister, parliamentary counsel and LP. The final stage is the submission of the bill to the authorities of the House in which it is to start its legislative journey. In the Commons, this is the Clerk of Legislation and the Public Bill Office in

1107-692: 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

1148-507: The double standard in permitting men—but not women—to assume a dominant position during oral sex acts, and accused the regulations of perpetuating the sexual subordination of women in porn by writing pornography's gender bias into law. Its author Catherine Scott explained: For example, while female ejaculation is banned, male ejaculation and its consumption remain acceptable. Although the British Board of Film Classification reports that

1189-633: 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 legislation, which was enacted under the "fast-track" procedure (and therefore was expedited through Parliament), made the 1984 Act enforceable once again, as well as allowing it to be amended by

1230-440: The largest category of legislation, in principle affecting the public general law applying to everyone across the entire United Kingdom, or at least to one or more of its constituent countries of England , Northern Ireland , Scotland , or Wales . Most public general acts proceed through Parliament as a public bill. Occasionally a bill is treated as hybrid . Private acts are either local or personal in their effect, applying to

1271-455: 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 claimed that past convictions could not be challenged. The government's view was upheld in 2010 when two appeals against earlier convictions were dismissed. In December 2009

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1312-578: The pornographic act it most regularly censors is "scenes of choking and gagging during deep throat fellatio", there is no suggestion of banning these acts—only ones that see a woman receiving pleasure from sitting on a man's face. Pandora Blake, webmaster of the BDSM-themed site Dreams of Spanking, insinuated that the sites shut down for failure to comply with the regulations "have been gay sites and female domination. No BDSM sites with female submissives have been targeted because that [women's subordination]

1353-777: The proposed bill and present their objections to committees of MPs and Lords." They include acts to confer powers on certain local authorities, a recent example being the Canterbury City Council Bill, which makes provisions relating to street trading and consumer protection in the city. Private bills can also affect certain companies: the Northern Bank Bill allowed the statutory right of Northern Bank to issue bank notes to be transferred to Danske Bank which had acquired it. Other private bills may affect particular companies established by Act of Parliament such as TSB Bank and Transas. Personal acts are

1394-635: The regulations coming into force, neither Ofcom nor the British Board of Film Classification (BBFC) had jurisdiction over such content. In force from 1 December 2014 , these regulations were made by the Secretary of State in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 . The regulations originally prohibited the depiction of a number of specific sexual acts in online pornography based in

1435-475: The regulations were subject to immediate criticism, much of it arising from the debates around female ejaculation . A Vice interview with BBFC officials indicated that apparent female ejaculation was regularly cut due to restrictions on urolagnia, and the difficulty of distinguishing what could be female ejaculation from straightforward urination. A blog for the New Statesman highlighted that many of

1476-487: The relevant policy committee of the Cabinet. The proposals are only discussed at a meeting if disagreements arise. Even an uncontroversial proposal may face administrative hurdles. A potential change in the law may have to wait for a more extensive bill in that policy area to be brought forward before it is worthwhile devoting parliamentary time to it. The proposal will then be bundled together with more substantive measures in

1517-489: The same Bill. The Ministerial Committee on the Legislative Programme (LP), including the leaders and government chief whips in both houses, is responsible for the timetable of legislation. This committee decides which house a bill will start in, recommends to the Cabinet which proposals will be in the King's Speech , which will be published in draft and how much parliamentary time will be required. Following

1558-410: The whole of the United Kingdom . A draft piece of legislation is called a bill . When this is passed by Parliament and given royal assent , it becomes an act and part of statute law . Acts of Parliament are classified as either "public general acts" or "local and personal acts" (also known as "private acts"). Bills are also classified as "public", "private", or "hybrid". Public general acts form

1599-549: Was a "tried and tested" method of protecting children, and highlighted the need for consistency in regulation. Peter Johnson, the chair of the Authority for Television On Demand (ATVOD), stated that he believed unregistered material from overseas would violate the Obscene Publications Act 1959 , and credit card payments to premium sites would be able to be blocked. Upon going into force on 1 December 2014,

1640-412: 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 unless it

1681-407: Was not subject to the same regulations as pornography available for purchase in sex shops; the intention of the regulations was to create a parity between the two forms. Material that was already banned by the BBFC in home video – and therefore restricted under the regulations – included: The Department for Culture, Media and Sport defended the regulations by stating that the BBFC's R18 certificate

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