These guidelines are to help you make your film for the competition responsibly and so that you do not

• BREAK ANY UK LAW making your film
• Make A FILM WE CAN NOT SHOW on our site
• TREAT CREW AND CAST UNFAIRLY along the way.

 

Who is the BBFC anyway?

The BBFC is the government appointed body which decides what classification films showing in our cinemas or on video/DVD must display.

Destricted has been given an 18 certificate because the censors were convinced it was a work of art rather than pornography. Porn films (with actual rather than simulated sex) are given an R18 rating meaning they can only be sold in registered sex-shops or adult cinemas.

Here is what the BBFC says about sex on their website:

"The portrayal of human sexual activity can range from kissing and references to 'making love' to detail of real sex. This is reflected in the classification system, in which progressively stronger portrayal is allowed as the categories rise. The guidelines apply the same standards to homosexual as to heterosexual activity.
The 'R18' category, required by Parliament under the Video Recordings Act, is primarily for "sex works", whose primary purpose is sexual arousal or stimulation. 'R18' videos and DVDs may be supplied only in licensed sex shops which no-one under 18 may enter. 'R18' films may be shown only in specially licensed cinemas".

www.bbfc.co.uk

 

BBFC REGULATIONS

The BBFC make clear that there are things which are not allowed even in R18 films. These are applied to the same standard whether the activity is heterosexual or homosexual:

• any material which is in breach of the criminal law, including material judged to be obscene under the current interpretation of the Obscene Publications Act 1959 (see below)
• Also bear in mind that there are other laws you could inadvertently break making your film - such as Public Decency if you are filming in a public place.
• material (including dialogue) likely to encourage an interest in sexually abusive activity (eg paedophilia, incest, rape) which may include adults role-playing as non-adults.
• the portrayal of any sexual activity which involves lack of consent (whether real or simulated). Any form of physical restraint which prevents participants from indicating a withdrawal of consent.
• the infliction of pain or physical harm, real or (in a sexual context) simulated. Some allowance may be made for mild consensual activity. Penetration by any object likely to cause actual harm or associated with violence.
• any sexual threats, humiliation or abuse which does not form part of a clearly consenting role-playing game. Strong abuse, even if consensual, is unlikely to be acceptable.

 

The Obscene Publications Act 1959

This was originally designed to cover literature (D.H.Lawrence's novel Lady Chatterley's Lover was prosecuted and famously acquitted) but in 1977 was extended to cover film.

The Act's areas of concern are:

• sexual acts with children
• sexual assaults upon children
• portrayal of incest
• buggery with an animal
• rape
• drug taking
• flagellation
• torture with instruments
• bondage (especially where gags are used)
• dismemberment or graphic mutilation
• cannibalism
• activities involving perversion or degradation

The Act specifically exempts work "in the interests of science, literature, art or learning, or of other objects of general concern".

No BBFC-approved film has ever been successfully prosecuted under the Obscene Publications Act, and few such prosecutions have ever been attempted.

NB the film you are making will be published on the internet without having first received a BBFC rating so basically if you film a man actually shagging a sheep, and we put it on the Shooting People site, we could all find ourselves in court arguing the toss about the artistic merit of the shots.

WE STRONGLY ADVISE IF YOU HAVE ANY QUESTIONS ABOUT BEST WORKING PRACTICE FOR YOUR PROPOSED FILM IDEA AND ALSO SPECIFIC QUESTIONS ABOUT WHAT IS LEGAL OR NOT CONCERNING ANY ISSUE ABOVE PLEASE CONTACT BBFC DIRECT, ON 020 7440 0299.

 

WORKING WITH YOUR CAST AND CREW
CHOOSING COLLABORATORS

Not every Shooter will want to work on a film that explores the line between art and porn.

You must be 100% clear upfront exactly what the film will entail for those involved in front and behind the camera.

All casting applicants should provide proof of age, a driving license or passport photocopy. It is production crew's responsibility to ensure this practice is followed each and every time. All production crew should also have photocopies of passport or driving license available for confirmation of age.

Actors should never be auditioned or rehearsed in the director or producer's home. Hire or borrow an independent space, search the Shooting People archive for ones near you. It is always best practice to have more than 1 person from the production in the room during an audition/rehearsal. It is essential if any nudity, sexual acting or reading scripts with sexual language is involved. It prevents misunderstandings and protects both sides.

There is a legal obligation to make post-production companies you are working with aware of the exact nature of the footage they will be working with. Many have junior employees in charge of preparing edit suites or making dubs who should not be exposed to material without consent. Some companies will choose not to handle explicit footage, others will agree to.

Shooters are reminded to check each other's references before working together for the first time. We are all part of the same club BUT the team who run Shooting People have no way of knowing if members have criminal records or a history of bad industry practice. Check them out carefully. Shooters should provide info about themselves on request. Ask for references, look them up online and contact people from their previous productions.

 

CONTRACTING COLLABORATORS

If you are making a film through a limited company and issuing contracts, you may be in breach of the Minimum Wage Act unless you are paying the legal minimums (it's a bit of a grey area).

As an individual rather than a company, it is fine to ask collaborators to join you on a film unpaid, via the Shooting People bulletins or elsewhere. In this instance you do not use employment contracts but simply ask all your contributors to sign copyright waivers (for crew) and release forms (for cast).

See the resources page

 

HEALTH AND SAFETY

Nudity: separate room should be provided for changing and for privacy between takes. Actors should be well looked after, food and hot drinks available (nudity can be chilly, think about how to keep your cast warm) and given transport to and from the set.

Productions involving collaborators should use a Risk Assessment form.
Production involving collaborators should have Production Insurance.

 

Now go to...

...clearing your film