The Video Recordings Act 1984 (Exempted Video Works) Regulations 2014

Statutory Instruments

2014 No. 2097

Video Recordings

The Video Recordings Act 1984 (Exempted Video Works) Regulations 2014

Made

4th August 2014

Coming into force

1st October 2014

The Secretary of State, in exercise of the powers conferred by sections 2(4), 3(13) and 22A(2) of the Video Recordings Act 1984(1), makes the following Regulations:

In accordance with section 22A(3) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1.—(1) These Regulations may be cited as the Video Recordings Act 1984 (Exempted Video Works) Regulations 2014.

(2) They come into force on 1st October 2014.

Cases in which video works are not exempted works

2.—(1) Section 2 of the Video Recordings Act 1984 (exempted works) is amended as follows.

(2) In subsection (1), for “(2) or (3)”, substitute “(1ZA)”.

(3) After that subsection, insert—

“(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)

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;

“imitable dangerous activity” means an activity which—

(a)

if imitated by a person, may endanger the welfare or health of any person or animal, and

(b)

may be easily imitated by a person; and

“violence” does not include any violence that is—

(a)

mild, or

(b)

not directed towards human or animal characters,

unless it is sexual violence..”.

(4) In subsections (2) and (3), for “video work” substitute “video game”.

No change in substance to section 3 of the Act

3.  In section 3(5) of the Video Recordings Act 1984 (exempted supplies), for paragraphs (b) and (c) substitute—

“(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),”

Saving

4.  These Regulations do not apply in relation to any supply of a video work which was first placed on the market before 1st October 2014.

Ed Vaizey

Minister of State, Culture and Digital Industries Department for Culture, Media and Sport

Department for Business, Innovation and Skills

4th August 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Video Recordings Act 1984 (“the Act”). The Act provides for labelling and certification requirements in respect of the supply of video works. By section 2(1) of the Act, a video work (other than a video game) is exempt from these requirements if, taken as a whole, it is designed to inform, educate or instruct, or is concerned with sport, religion or music. This exemption is subject to sections 2(2) and (3) of the Act, which set out certain cases in which such a video work is not an exempted work even if it otherwise falls within section 2(1) of the Act.

Regulation 2(3) inserts new subsections (1ZA)-(1ZC) into section 2 of the Act. These provide for new cases in which a video work (other than a video game) is not an exempted work. The cases relate to violence (other than mild violence); dangerous activities; drugs, alcohol and tobacco; suicide, scarification/mutilation and self-harm; criminal offences; sexual messages and sexual activity (other than mild sexual activity, but including acts of force or restraint); genitalia and urinary or excretory functions; swearing (other than mild bad language) and offensive and offensive discriminatory behaviour. Regulations 2(2) and (4) make consequential amendments to section 2.

Regulation 3 amends section 3(5) of the Act. This section specifies a circumstance in which supplies of video works are exempted supplies, and currently operates by way of cross-reference to section 2(2). The effect of the amendment is to maintain the current scope of this exemption.

Regulation 4 makes a saving in respect of video works first placed on the market before the entry into force of the Regulations.

The Regulations were notified in draft (Notification No.2013/0669/UK on 9th December 2013) to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No L 204, 21.7.98, p.37), which, as amended by Directive 98/48/EC of the same institutions (OJ No L 217, 5.8.98, p.18), lays down a procedure for the provision of information in the field of technical standards and regulation.

An impact assessment for this instrument has been produced. It can be accessed at www.legislation.gov.uk.

(1)

1984 c. 39; sections 2 and 3 were repealed and revived (having been notified to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998) by section 1(1) of the Video Recordings Act 2010 (c. 1). Sections 2(4) and 3(13) were inserted by sections 40(4) and 40(7) of the Digital Economy Act 2010 (c. 24) respectively. Section 22A was inserted by paragraph 11 of Schedule 1 to the Digital Economy Act 2010.