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Is this legal?

[Deleted User][Deleted User] Posts: 1,486
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Gus Van Sant's new film Restless has been released today without a BBFC rating. I know some arthouse cinemas do this, although major chains like Cineworld are showing it and AFAIK they don't have a license to do so.

For anyone who's seen it, is there a rating screen shown before the film or not? Maybe it has been rated and the BBFC are late updating their website?
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    be more pacificbe more pacific Posts: 19,061
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    BBFC certification is only mandatory for home video releases. For the cinema industry, it's merely a voluntary form of self-regulation which makes it less likely that local authorities and the courts will get involved if certain people deem a film 'obscene'.

    For example, the BBFC has denied a certificate to The Human Centipede 2. Now there's nothing to stop any cinema showing THC2 unless the local authority expressly orders them not to. In the absolute worst case scenario, a busybody (or groups of busybodies) could kick up a fuss and a cinema showing THC2 could be prosecuted under obscenity laws.

    So, in answer to your question, it is legal for a cinema to show Restless (or even THC2) without a certificate. However, a member of the public could complain and a prosecution could follow if there's anything 'obscene' within the film.

    Just out of interest, are the cinema chains offering their own advice on which age groups they will admit to see the film? If it's a free-for-all and the film is unsuitable for children, that could cause problems.
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    [Deleted User][Deleted User] Posts: 1,486
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    BBFC certification is only mandatory for home video releases. For the cinema industry, it's merely a voluntary form of self-regulation which makes it less likely that local authorities and the courts will get involved if certain people deem a film 'obscene'.

    For example, the BBFC has denied a certificate to The Human Centipede 2. Now there's nothing to stop any cinema showing THC2 unless the local authority expressly orders them not to. In the absolute worst case scenario, a busybody (or groups of busybodies) could kick up a fuss and a cinema showing THC2 could be prosecuted under obscenity laws.

    So, in answer to your question, it is legal for a cinema to show Restless (or even THC2) without a certificate. However, a member of the public could complain and a prosecution could follow if there's anything 'obscene' within the film.

    Just out of interest, are the cinema chains offering their own advice on which age groups they will admit to see the film? If it's a free-for-all and the film is unsuitable for children, that could cause problems.

    No, on the Cineworld website the rating is listed as TBC. I expect they're admitting anyone. The film would probably receive a 12A rating, as it's a PG-13 in the US for "thematic elements and brief sensuality".

    Apparently some Odeon cinemas showed My Soul To Take without a rating back in January. The VUE in York also showed it around early August.

    Also, The Human Centipede 2 has been rated 18 for it's cinema release. It's the same cut version that has been passed for DVD.
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    be more pacificbe more pacific Posts: 19,061
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    No, on the Cineworld website the rating is listed as TBC. I expect they're admitting anyone. The film would probably receive a 12A rating, as it's a PG-13 in the US for "thematic elements and brief sensuality".

    Apparently some Odeon cinemas showed My Soul To Take without a rating back in January. The VUE in York also showed it around early August.

    Also, The Human Centipede 2 has been rated 18 for it's cinema release. It's the same cut version that has been passed for DVD.
    I didn't realise THC2 had been resubmitted and passed in a cut version. What I said still applies to the uncut version of the film, though. It would not be illegal for a cinema to show the uncut film without a BBFC rating, but it would be risky in the highly likely event of busybodies complaining.
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    MacclesMaccles Posts: 355
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    Cinemas can show anyfilm they like in any form they like. The BBFC only get involved when you wanna put it on home video (DVD and bluray in this day and age).
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    RussellIanRussellIan Posts: 12,034
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    This is very similar to the 'erections on tele' scenario.

    There is no law 'banning' erect cocks on television. It's just that broadcasters face the risk of trouble, caused by complainers, if they do, and so they elect not to take the risk. If no-one complains, no-one is any the wiser and the world still spins :)
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    porkpieporkpie Posts: 2,548
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    BBFC certification is only mandatory for home video releases. For the cinema industry, it's merely a voluntary form of self-regulation which makes it less likely that local authorities and the courts will get involved if certain people deem a film 'obscene'.

    For example, the BBFC has denied a certificate to The Human Centipede 2. Now there's nothing to stop any cinema showing THC2 unless the local authority expressly orders them not to. In the absolute worst case scenario, a busybody (or groups of busybodies) could kick up a fuss and a cinema showing THC2 could be prosecuted under obscenity laws.

    So, in answer to your question, it is legal for a cinema to show Restless (or even THC2) without a certificate. However, a member of the public could complain and a prosecution could follow if there's anything 'obscene' within the film.

    Just out of interest, are the cinema chains offering their own advice on which age groups they will admit to see the film? If it's a free-for-all and the film is unsuitable for children, that could cause problems.


    Cinema censorship is not voluntary at all and never has been since the BBFC was formed - although its formation was a volunatarty move by the film industry.
    Unless you have a special club licence any cinema film screening needs a certificate.
    The difference between cinema and home video is that for home video the BBFC are the last word.
    With cinema releases local councils can over rule the BBFC and either block a film from being seen as they did in some areas with Life Of Brian or allow a banned film to be seen as Westminster Council did with the original Texas Chainsaw Massacre when the BBFC banned it in 1975.

    For any cinema to show HC2 they would need to seek permission from the local council and get it before they were allowed to.

    Screening unrated movies is fine in the US and its a great shame the UK does not have the option.

    You've stepped right out of the film fans wet dream of a world where the BBFC can be ignored.
    Not only is a certificate mandatory its also illegal to allow those not of age into the higher certificate movies

    You may also recall that when the BBFC announced the ban for HC2 they were very clear that any screening of the movie in the UK would be illegal -and unless prior council permission was given they are right.
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    porkpieporkpie Posts: 2,548
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    http://www.theargus.co.uk/news/2126994.duke_of_yorks_cinema_forced_to_axe_antiwar_film/

    The important bit is :

    "Films must have a certificate from either the British Board of Film Classification or councillors responsible for licensing before they can be shown commercially."

    "If we show the public an uncertificated film we are in breach of our licence."
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    DarthFaderDarthFader Posts: 3,882
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    I am old enough to remember local councils overruling the BBFC for the cert of Mrs Doutfire. They wanted it 15 but local councils rated it PG. at the start of the film it came up passed by Portsmouth City Council.


    PJ
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    [Deleted User][Deleted User] Posts: 1,486
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    DarthFader wrote: »
    I am old enough to remember local councils overruling the BBFC for the cert of Mrs Doutfire. They wanted it 15 but local councils rated it PG. at the start of the film it came up passed by Portsmouth City Council.


    PJ

    No, the BBFC wanted it to be a 12. It was eventually cut for a PG.
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    MacclesMaccles Posts: 355
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    Everyone loves Mrs Doubtfire! The bit where she dances with the hoover is classic cinema suitable for all ages.
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    [Deleted User][Deleted User] Posts: 1,486
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    Maccles wrote: »
    Everyone loves Mrs Doubtfire! The bit where she dances with the hoover is classic cinema suitable for all ages.

    Are you implying it should be rated U?:D
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    JCRJCR Posts: 24,076
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    Restless does have a bbfc rating, PG: http://www.pbbfc.co.uk/filmDetail.asp?filmID=2124
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    [Deleted User][Deleted User] Posts: 1,486
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    JCR wrote: »
    Restless does have a bbfc rating, PG: http://www.pbbfc.co.uk/filmDetail.asp?filmID=2124

    They've not added it to the main site:

    http://www.bbfc.co.uk/search/?searchwhere=db&q=Restless
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    grimtales1grimtales1 Posts: 46,695
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    No, the BBFC wanted it to be a 12. It was eventually cut for a PG.

    When I saw Mrs. Doubtfire at the cinema in 1993, it had a 12 rating (I was just over 11). Perhaps that was a council decision :confused:
    AFAIK, now all the cuts have been waived at the PG level.
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    [Deleted User][Deleted User] Posts: 3,481
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    DarthFader wrote: »
    I am old enough to remember local councils overruling the BBFC for the cert of Mrs Doutfire. They wanted it 15 but local councils rated it PG. at the start of the film it came up passed by Portsmouth City Council.


    PJ

    What did they cut :confused: :eek:
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    porkpieporkpie Posts: 2,548
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    I've never seen Doubtfire but IIRC there is a mention of a vibrator or dildo somewhere and the line was cut .
    Not sure about any other edits
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    DarthFaderDarthFader Posts: 3,882
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    No, the BBFC wanted it to be a 12. It was eventually cut for a PG.

    Thanks, I wasn't sure. I thought it waste whole cross dressing which was the problem?
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    JCRJCR Posts: 24,076
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    What did they cut :confused: :eek:

    It was given a 12, then 13 seconds were cut from it for a PG- 13 seconds of dialogue removed referring to cunninglinguistics, horizontal mambo and other subtle mentions of sexual foreplay during the restaurant scene. Every UK version up to a 2001 dvd release had the 13 seconds removed. The 2007 Special Edition dvd has the 13 seconds restored (the bbfc were under different management from the 90's by this point).

    Info from www.melonfarmers.co.uk
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    [Deleted User][Deleted User] Posts: 27
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    By the way, what do you think about Restless? I used to love Gus Van Sant films but with this film he made me change my opinion about him...
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    spiney2spiney2 Posts: 27,058
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    Cinemas can show films without a certificate, but, usually by being a "club" where members join up in advance .......
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    [Deleted User][Deleted User] Posts: 27
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    I have just found a video of the opening of the new film of Gus Van Sant (not Restless, the next one):
    http://www.youtube.com/watch?v=2tf3XhO3XpE

    Actually, I don't think it is real... What do you think about that?
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    [Deleted User][Deleted User] Posts: 1,368
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    grimtales1 wrote: »
    When I saw Mrs. Doubtfire at the cinema in 1993, it had a 12 rating (I was just over 11). Perhaps that was a council decision :confused:
    AFAIK, now all the cuts have been waived at the PG level.

    The "12" rating was only introduced in 2002 therefore it couldnt have been passed 12 in 1993!! :confused:
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    James2001James2001 Posts: 73,675
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    Dombo wrote: »
    The "12" rating was only introduced in 2002 therefore it couldnt have been passed 12 in 1993!! :confused:

    Eh? No. It was 12A that was introduced in 2002- the 12 rating was introduced back in 1989.
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    [Deleted User][Deleted User] Posts: 3,373
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    Dombo wrote: »
    The "12" rating was only introduced in 2002 therefore it couldnt have been passed 12 in 1993!! :confused:
    Before the 12A was the 12 rating so it would have been possible before 2002...
    But where are you getting the 2002 from? I figured you'd mixed it up with the introduction of 12A but surely that was more recently than 2002? Unless there was a later introduction of the new rating in Scotland, which would explain why I'm thinking 2002 is too early. :confused:
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    gerry dgerry d Posts: 12,518
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    Dombo wrote: »
    The "12" rating was only introduced in 2002 therefore it couldnt have been passed 12 in 1993!! :confused:

    http://www.screenonline.org.uk/film/id/592516/index.html

    The 12 certificate was introduced by the British Board of Film Classification on 1 August 1989

    The 12 video certificate was finally introduced on 1 July 1994

    On 30 August 2002 the BBFC replaced the theatrical 12 certificate with the 12A certificate
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