On 1 December, the Communications Act 2003 was amended. The regulation of R18 pornographic content available on-demand in the UK will henceforth be subject to the same standards as those applied to pornography on DVD by the British Board of Film Classification, where I am a senior examiner. The amendment applies to those works whose primary purpose is sexual arousal or stimulation, with the R18 category being a special and legally restricted classification primarily for explicit works of consenting sex, or strong fetish material involving adults.

While some non-pornographic films may contain material which raises issues comparable with those which might be found in sex works, and which may also be subject to cuts – such as scenes of sexual violence – there is no direct crossover between the standards for sex works and those applied to non-pornographic films.

Underpinning the BBFC guidelines is a specific requirement for the Video Recordings Act to have special regard to any harm that may be caused to potential viewers, or, through their behaviour, to society. This means that, before classifying a work, the BBFC may cut certain acts in pornographic works where imitation or the influencing of attitudes is a particular concern. Breath restriction is one such example. It would be wrong to assume that the BBFC consequently cuts all sight of people sitting across other people’s faces. But the BBFC will cut sight of clear and deliberate restriction of a person’s ability to breathe during sexual play. Breath restriction for the purposes of sexual enjoyment can result in death. Given such a clear and well-documented risk of harm, passing such breath play in a sex work would be contrary to the BBFC’s designated responsibility.

The BBFC also intervenes where material risks prosecution under UK law. This includes prosecution under the Obscene Publications Act 1959. Indeed, the BBFC’s designation under the Video Recordings Act requires that it does not pass any content in breach of UK law. We regularly consult both the Crown Prosecution Service and the Metropolitan police to understand and keep up to date with the types of content which are subject to prosecution and conviction. Consequently, we may not classify any material which may be subject to prosecution. Among other activities, this includes any repeated focus on urination during sex and urination over any other person, including any act which cannot be distinguished from urination on the basis of the onscreen evidence alone.

It has recently been suggested that the introduction of the Audiovisual Media Services Regulations will lead to several acts now being banned from UK on-demand services, including spanking and verbal abuse. Much of this information is inaccurate, some of it is wrong. In judging material which may or may not be allowed under BBFC Guidelines, it is often unhelpful to speak hypothetically and in generalisations when specifics of context and potential harm in a given situation are among the considerations which really matter. The Audiovisual Media Services Regulations will ensure that UK on-demand content is consistent with legally available pornography off-line, benefiting from the application of UK law and the expert legal and medical advice which informs BBFC decisions.