Video Recordings Act 1984

Preliminary

Interpretation of terms.

1

• (1) The provisions of this section shall have effect for the interpretation of terms used in this Act.

• (2) “ Video work ” means any series of visual images (with or without sound)—

• (a) produced electronically by the use of information contained on any disc . . . magnetic tape or any other device capable of storing data electronically , and

• (b) shown as a moving picture.

• (3) “ Video recording ” means any disc . . . magnetic tape or any other device capable of storing data electronically containing information by the use of which the whole or part of a video work may be produced.

• (4) “ Supply ” means supply in any manner, whether or not for reward, and, therefore, includes supply by way of sale, letting on hire, exchange or loan; and references to a supply are to be interpreted accordingly.

Exempted works.

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• (1) Subject to subsection (1ZA) below, a video work other than a video game is for the purposes of this Act an exempted work if, taken as a whole—

• (a) it is designed to inform, educate or instruct; or

• (b) it is concerned with sport, religion or music; ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1ZA) A video work other than a video game is not an exempted work for those purposes if it does one or more of the following—

• (a) it depicts or promotes violence or threats of violence;

• (b) it depicts the immediate aftermath of violence on human or animal characters;

• (c) it depicts an imitable dangerous activity without also depicting that the activity may endanger the welfare or health of a human or animal character;

• (d) it promotes an imitable dangerous activity;

• (e) it depicts or promotes activities involving illegal drugs or the misuse of drugs;

• (f) it promotes the use of alcohol or tobacco;

• (g) it depicts or promotes suicide or attempted suicide, or depicts the immediate aftermath of such an event;

• (h) it depicts or promotes any act of scarification or mutilation of a person, or of self-harm, or depicts the immediate aftermath of such an act;

• (i) it depicts techniques likely to be useful in the commission of offences or, through its depiction of criminal activity, promotes the commission of offences;

• (j) it includes words or images intended or likely to convey a sexual message (ignoring words or images depicting any mild sexual behaviour);

• (k) it depicts human sexual activity (ignoring any depictions of mild sexual activity);

• (l) it depicts or promotes acts of force or restraint associated with human sexual activity;

• (m) it depicts human genital organs or human urinary or excretory functions (unless the depiction is for a medical, scientific or educational purpose);

• (n) it includes swearing (ignoring any mild bad language); or

• (o) it includes words or images that are intended or likely (to any extent) to cause offence, whether on the grounds of race, gender, disability, religion or belief or sexual orientation, or otherwise.

• (1ZB) For the purposes of subsection (1ZA), a video work promotes something if the work is likely (to any extent) to stimulate or encourage that thing.

• (1ZC) In subsection (1ZA)—

• “human or animal character” means a character that is or whose appearance is similar to that of—a human being, oran animal that exists or has existed in real life,but does not include a simple stick character or any equally basic representation of a human being or animal;

• “imitable dangerous activity” means an activity which—if imitated by a person, may endanger the welfare or health of any person or animal, andmay be easily imitated by a person; and

• “violence” does not include any violence that is—mild, ornot directed towards human or animal characters,unless it is sexual violence..

• (1A) Subject to subsection (2) or (3) below, a video game is for the purposes of this Act an exempted work if—

• (a) it is, taken as a whole, designed to inform, educate or instruct;

• (b) it is, taken as a whole, concerned with sport, religion or music; or

• (c) it satisfies one or more of the conditions in section 2A.

• (2) A video game is not an exempted work for those purposes if, to any significant extent, it depicts—

• (a) human sexual activity or acts of force or restraint associated with such activity;

• (b) mutilation or torture of, or other acts of gross violence towards, humans or animals;

• (c) human genital organs or human urinary or excretory functions;

• (d) techniques likely to be useful in the commission of offences;

or is likely to any significant extent to stimulate or encourage anything falling within paragraph (a) or, in the case of anything falling within paragraph (b), is likely to any extent to do so.

• (3) A video game is not an exempted work for those purposes if, to any significant extent, it depicts criminal activity which is likely to any significant extent to stimulate or encourage the commission of offences.

• (4) The Secretary of State may by regulations amend this section—

• (a) by adding or removing a case in which a video work is not an exempted work, or

• (b) by amending a description of such a case.

Conditions relating to video games

2A

• (1) The conditions referred to in section 2(1A)(c) are as follows.

• (2) The first condition is that the video game does not include any of the following—

• (a) depictions of violence towards human or animal characters, whether or not the violence looks realistic and whether or not the violence results in obvious harm,

• (b) depictions of violence towards other characters where the violence looks realistic,

• (c) depictions of criminal activity that are likely, to any extent, to stimulate or encourage the commission of offences,

• (d) depictions of activities involving illegal drugs or the misuse of drugs,

• (e) words or images that are likely, to any extent, to stimulate or encourage the use of alcohol or tobacco,

• (f) words or images that are intended to convey a sexual message,

• (g) swearing, or

• (h) words or images that are intended or likely, to any extent, to cause offence, whether on the grounds of race, gender, disability, religion or belief or sexual orientation or otherwise.

• (3) In subsection (2) “ human or animal character ” means a character that is, or whose appearance is similar to that of—

• (a) a human being, or

• (b) an animal that exists or has existed in real life,

but does not include a simple stick character or any equally basic representation of a human being or animal.

• (4) The second condition is that the designated authority, or a person nominated by the designated authority for the purposes of this section, has confirmed in writing that the video game is suitable for viewing by persons under the age of 12.

• (5) The Secretary of State may by regulations amend this section—

• (a) by amending the first condition, or

• (b) by adding a further condition (or by amending or removing such a condition).

• (6) Regulations under this section may make provision by reference to documents produced by the designated authority.

Exempted supplies.

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• (1) The provisions of this section apply to determine whether or not a supply of a video recording is an exempted supply for the purposes of this Act.

• (2) The supply of a video recording by any person is an exempted supply if it is neither—

• (a) a supply for reward, nor

• (b) a supply in the course or furtherance of a business.

• (3) Where on any premises facilities are provided in the course or furtherance of a business for supplying video recordings, the supply by any person of a video recording on those premises is to be treated for the purposes of subsection (2) above as a supply in the course or furtherance of a business.

• (4) Where a person (in this subsection referred to as the “ original supplier ”) supplies a video recording to a person who, in the course of a business, makes video works or supplies video recordings, the supply is an exempted supply—

• (a) if it is not made with a view to any further supply of that recording, or

• (b) if it so made, but is not made with a view to the eventual supply of that recording to the public or is made with a view to the eventual supply of that recording to the original supplier.

• (5) Where a video work—

• (a) is designed to provide a record of an event or occasion for those who took part in the event or occasion or are connected with those who did so,

• (b) does not, to any significant extent, depict any of the following—

• (i) human sexual activity or acts of force or restraint associated with such activity,

• (ii) mutilation or torture of, or other acts of gross violence towards, humans or animals, or

• (iii) human genital organs or human urinary or excretory functions, and

• (c) is not designed—

• (i) to any significant extent to stimulate or encourage anything falling within paragraph (b)(i), or

• (ii) to any extent to stimulate or encourage anything falling within paragraph (b)(ii),

the supply of video recording containing only that work to a person who took part in the event or occasion or is connected with someone who did so is an exempted supply.

• (6) The supply of a video recording for the purpose only of the exhibition of any video work contained in the recording in premises other than a dwelling-house—

• (a) being premises mentioned in subsection (7) below, or

• (b) being an exhibition which in England and Wales or Scotland would be a film exhibition to which section 6 of the Cinemas Act 1985 applies (film exhibition to which public not admitted or are admitted without payment), or in Northern Ireland would be a film exhibition to which Article 8 of the Cinemas (Northern Ireland) Order 1991 applies (similar provision for Northern Ireland),

is an exempted supply.

• (7) The premises referred to in subsection (6) above are—

• (za) premises in England and Wales which, by virtue of an authorisation within the meaning of section 136 of the Licensing Act 2003, may be used for the exhibition of a film within the meaning of paragraph 15 of Schedule 1 to that Act,

• (a) premises in Scotland in respect of which a licence under section 1 of the Cinemas Act 1985 is in force,

• (b) premises in Scotland falling within section 7 of that Act (premises used only occasionally and exceptionally for film exhibitions), or

• (c) premises in Scotland falling within section 8 of that Act (building or structure of a movable character) in respect of which such a licence as is mentioned in subsection (1)(a) of that section has been granted.

• (8) The supply of a video recording with a view only to its use for or in connection with— a programme service (within the meaning of the Broadcasting Act 1990)

• (8A) The supply of a video recording in the form of a machine of a type designed primarily for use in an amusement arcade is an exempted supply unless the video game (or, if more than one, any of the video games) that it contains—

• (a) depicts, to any significant extent, anything falling within section 2(2)(a), (b), (c) or (d) or (3), or

• (b) is likely to any significant extent to stimulate or encourage anything falling within section 2(2)(a) or, in the case of anything falling within section 2(2)(b), is likely to any extent to do so.

• (8B) The supply of any other video recording is an exempted supply if the recording is supplied for the purpose only of its use in connection with a supply that is an exempted supply under subsection (8A).

• (9) The supply of a video recording for the purpose only of submitting a video work contained in the recording for the issue of a classification certificate or otherwise only for purposes of arrangements made by the designated authority is an exempted supply.

• (10) The supply of a video recording with a view only to its use—

• (a) in training for or carrying on any medical or relate occupation,

• (b) for the purpose of—

• (i) services provided in pursuance of the National Health Service Act 2006, the National Health Service (Wales) Act 2006 or the National Health Service (Scotland) Act 1978, or

• (ii) such of the services provided in pursuance of the Health and Personal Social Services (Northern Ireland) Order 1972 as are health services (within the meaning of that Order), or

• (c) in training persons employed in the course of services falling within paragraph (b) above,

is an exempted supply.

• (11) For the purposes of subsection (10) above, an occupation is a medical or related occupation if, to carry on the occupation, a person is required to be registered under the Health Professions Order 2001, the Nursing and Midwifery Order 2001, the Anaesthesia Associates and Physician Associates Order 2024, the Medical Act 1983, the Osteopaths Act 1993 or the Chiropractors Act 1994.

• (11A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) The supply of a video recording otherwise than for reward, being a supply made for the purpose only of supplying it to a person who previously made an exempted supply of the recording, is also an exempted supply.

• (13) The Secretary of State may by regulations amend this section and the regulations may, in particular—

• (a) add a case in which the supply of a video recording is an exempted supply for the purposes of this Act, or

• (b) repeal a provision of this section.

Designated authority

Authority to determine suitability of video works for classification.

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• (1) The Secretary of State may by notice under this section designate any person as the authority responsible for making arrangements—

• (a) for determining for the purposes of this Act whether or not video works are suitable for classification certificates to be issued in respect of them, having special regard to the likelihood of video works in respect of which such certificates have been issued being viewed in the home,

• (b) in the case of works which are determined in accordance with the arrangements to be so suitable—

• (ia) for assigning a unique title to each video work in respect of which a classification certificate is to be issued

• (i) for making such other determinations as are required for the issue or revocation of classification certificates, and

• (ii) for issuing and revoking such certificates, and

• (c) for maintaining a record of such determinations (whether determinations made in pursuance of arrangements made by that person or by any person previously designated under this section), . . .

• (1A) A title assigned to a video work under subsection (1)(b)(ia) above shall consist of—

• (a) the title under which the video work was determined to be suitable for the issue of a classification certificate; and

• (b) a registration number (which may contain letters and other symbols as well as figures).

• (1B) The record maintained under subsection (1)(c) above shall include, in relation to each video work in respect of which a classification certificate has been issued, a video recording which—

• (a) contains the video work; and

• (b) shows, or shows on its spool, case or other thing on or in which the recording is kept—

• (i) the title assigned to the video work under subsection (1)(b)(ia) above; and

• (ii) the determination or determinations made in respect of the video work.

• (1C) The arrangements made under this section may require a person requesting a classification certificate for a video work to agree to comply with a code of practice, which may, in particular, include provision relating to the labelling of video recordings.

• (2) The power to designate any person by notice under this section includes power—

• (a) to designate two or more persons jointly as the authority responsible for making those arrangements, and

• (b) to provide that any person holding an office or employment specified in the notice is to be treated as designated while holding that office or employment.

• (3) The Secretary of State shall not make any designation under this section unless he is satisfied that adequate arrangements will be made for an appeal by any person against a determination that a video work submitted by him for the issue of a classification certificate—

• (a) is not suitable for a classification certificate to be issued in respect of it, or

• (b) is not suitable for viewing by persons who have not attained a particular age,

or against a determination that no video recording containing the work is to be supplied other than in a licensed sex shop.

• (3A) The Secretary of State must not make a designation under this section unless satisfied that adequate arrangements will be made for taking account of public opinion in the United Kingdom.

• (4) The Secretary of State may at any time designate another person in place of any person designated under this section and, if he does so, may give directions as to the transfer of any record kept in pursuance of the arrangements referred to in subsection (1) above; and it shall be the duty of any person having control of any such record or any part of it to comply with the directions.

• (5) No fee is recoverable by, or in accordance with arrangements made by, the designated authority in connection with a determination in respect of a video work or the issue of a classification certificate unless the designated authority has consulted the Secretary of State about such fees.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6A) When making arrangements under this section, the designated authority must have regard to any guidance issued by the Secretary of State.