Cinemas and Theatres

The Cinemas Act 1985 gives local authorities various licensing powers over cinemas, including the power to prohibit the admission of children and/or adults to films considered unsuitable. In practice most local authorities are content to rely most of the time on the advice of the British Board of Film Classification, but they can and occasionally do make their own decisions.

The Video Recordings Act 1984 makes it an offence punishable by a fine of up to £20000 to supply (even by way of free loan) a video recording not classified by the BBFC, or to supply an age-restricted video to a person under that age. Videos relating to education, sport, religion or music, with no significant sexual or violent content, are exempt from the classification requirement.

The BBFC censors films and videos mainly for sex and/or violence, but has refused certification on the grounds of blasphemy (Visions of Ecstasy 1989) and libel (International Guerrillas 1990). Their original refusal in the latter case was reversed by the BBFC appeals committee, but their decision in the former was upheld by the European Court of Human Rights.

The Theatres Act 1968 ended the Lord Chamberlain's powers of censorship over stage performances and substituted the ordinary criminal law. It is an offence under s.2 to present an obscene performance of a play, subject to a "public good" defence similar to that for obscene publications. All prosecutions for obscenity or indecency under the common law are expressly excluded, and prosecutions under the Act are subject to the consent of the Attorney-General. Only one such prosecution has actually taken place.

R v Brownson [1971] Crim LR 551, CA

DD were sentenced to fifteen months' and twelve months' imprisonment for presenting and directing an obscene performance of a series of sketches entitled "Dee Jay", in which young people only just over 16 took part in simulated rape scenes and other sexual displays. The Court of Appeal said the play was grossly obscene by any standards, had no merit of any sort, and was merely filth for filth's sake, and upheld the sentences with the exception of one suspended for two year's because of the defendant's poor health.

The Broadcasting Act 1990 brings radio and television broadcasts within the scope of the Obscene Publications Act 1959 and allows the Secretary of State to proscribe foreign satellite services whose content is deemed unacceptable in terms of good taste and decency, thereby making it an offence for anyone to support the service in any way. The Act also gives formal recognition to the Broadcasting Standards Council, which has the duty of investigating and reporting on claims that radio and television broadcasts have offended against good taste and decency.

The Indecent Displays (Control) Act 1981 prohibits the display of indecent materials (including magazine covers &c) so as to be visible from any place to which the public have access, unless access is limited by a prominent warning notice. There are exceptions for museums, art galleries, cinemas, etc.

The Local Government (Miscellaneous Provisions) Act 1982 allows local authorities to set up a licensing scheme for sex establishments (including sex shops and sex cinemas) in their area. They may decide how many establishments it would be appropriate to licence (and may decide nil), may charge a fee (unspecified, and set at several thousand pounds in Soho, but presumably subject to judicial review), and may impose conditions on opening hours, advertising displays, and so on.