Porn Cultures: Regulation, Political Economy, Technology
Depraving and Corrupting: Sex Works and Obscenity in the UK Murray Perkins British Board of Film Classification
Guidelines and Legislation
In 2000 the BBFC publishes Guidelines, the result of extensive public consultation, which inform classification decisions and incorporate new R18 standards BBFC required to consider ‘harm’ under the Video Recordings Act 1984
BBFC will not classify material believed to be in breach of the law – Obscene Publications Act 1959
Video Recordings Act Requires the BBFC to have special regard to the likelihood of works being viewed in the home, and to Any harm to those likely to view a video Any harm to society through the behaviour of those viewers afterwards Special regard to - Criminal behaviour - Use of illegal drugs - Violent behaviour or incidents - Horrific behaviour or incidents - Human sexual activity
The Guidelines Unacceptable content includes material in breach of the criminal law; Material (including dialogue) likely to encourage an interest in sexually abusive activity (may include roleplay); Portrayal of any activity which involves lack of consent. Physical restraint which prevents a withdrawal of consent; Infliction of pain or physical harm (some allowance for consensual BDSM). Penetration with objects likely to cause harm or associated with violence; Sexual threats, humiliation, abuse
Obscene Publications Act “an article shall be deemed to be obscene if its effect or (where the article comprises two or more distinct items) the effect of any one of its items is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.” A defence of ‘public good’
Current interpretation of the OPA Copraphagia – any sight of faeces in a sex work Liquids other than semen or lubricant (used as lubricant) being expelled from rectum (including enemas/anal douches) if they display any sight or faecal matter, if they come into contact with another person, or if drunk ‘Blood sports’ – a focus on menstrual blood, other than incidental Urolagnia – urination during sexual activity, onto another person, being drunk, or poured, rubbed, smeared onto a person Fisting – penetration with all five digits beyond the knuckles
Current interpretation of the OPA ‘Roman showers’ – activity resulting in/using vomit Penetration with very large dildos Sado-Masochistic Activity – under UK law it is not possible to consent to assault, defined as injury beyond ‘trifling and transient’. Regardless of country of filming, S&M activities which appear to cause injury beyond ‘trifling and transient’ are likely to render a work obscene Wax dripping – if there’s any suggestion of a lack of consent or if the wax is dripped onto the genitals or anus Bestiality Necrophilia
Criminal Justice and Immigration Act 2008 Creates a new offence of possession of extreme pornographic images. - It must be pornographic (produced solely or principally for the purpose of sexual arousal) - Be grossly offensive, disgusting, or otherwise of an obscene character - Portray in an explicit and realistic way, one of An act which threatens a person’s life An act which results or is likely to result in serious injury to a person’s anus, breast or genitals An act involving interference with a human corpse A person performing an act of intercourse or oral sex with an animal