A low-budget blue video called
Makin' Whoopee! and a little-known
committee including the former Blue Peter editor Biddy Baxter are
threatening to change home entertainment in Britain. The committee set up by the Home
Office to quell public concern over "video nasties" in the 1980s is about to
exercise its powers to decide if people can buy hardcore pornography.
The Video Appeals Committee has already overturned the official censor's ban on
Whoopee! which contained explicit scenes of heterosexual and lesbian sex. Now the
pornography industry has submitted seven more sample videos for approval at a two-day
hearing in July. They include such titles as Miss Nude International
If approved, it will spell the end of the ban on explicit scenes of penetration,
masturbation and close-ups of erect penises. The floodgates will open for pornographers to
sell real sex on the small screen. The industry has long eyed Britain as a lucrative
market kept from it by obscenity laws which are much tougher than in many European
countries. Some believe public attitudes are growing more relaxed, citing the cinema
release yesterday of the Danish art film The Idiots, which
includes a penetration scene and has an 18 certificate.
The Home Secretary, Jack Straw, has opposed the sale of pornographic videos which
portray actual sexual activity, and the BBFC backs his stance. But the appeals committee,
whose members were chosen by the board, legally has the final say. The current debate is
over how far a sex video can go. All the titles are seeking an R18 certificate, which
means they can be sold only to adults in licensed sex shops.
The pornographers are complaining that the BBFC shows no consistency in its rulings.
Since 1991, sex-education videos such as The Lovers' Guide have been
granted 18 certificates, allowing films of erections and sexual intercourse to be bought
in the high street. Two years ago, under the BBFC's then director James Ferman, hardcore
pornographic videos began getting R18 certificates provided the sex was consenting,
non-violent and legal. The idea was to create a legitimate alternative to black-market
videos from the Continent and America, which often portray violence and use under-age
actresses and actors.
Two films, The Pyramid and
which contained real sex scenes, were approved, attracting the displeasure of the Home
Secretary. The experiment abruptly ended. The video distributor Sheptonhurst, reluctant to
cut the real sex out of Makin' Whoopee!, then launched an appeal, hiring
the respected lawyer David Pannick, QC.
Enter the Video Appeals Committee, created as a safeguard for distributors when the
Video Recordings Act was introduced to ban "video nasties" in 1985. The
committee has met infrequently, with no great surprises. Five of the ten members sit at
each hearing. Lately it upheld bans on the women's prison sex-slave drama
Behind Bars, and Boy Meets Girl about the torture of a
man by a woman. So it was a shock to the BBFC when last summer it delivered a unanimous
11-page ruling concluding that Makin Whoopee! was not obscene.
It may offend or disgust, but it is unlikely to deprave and corrupt that proportion
of the public who are likely to view it, the committee, whose panel members that day
included Ms Baxter. The whole purpose of the R18 Certificate is to cater for those
whose tastes are for works which may be said to be filthy and lewd. Sheptonhurst and
its main rival, Prime Time Promotions, immediately bought the rights to many similar
American films, only to be told by the censors that they would be banned.
The new censor, Robin Duval, in his strongest criticism yet of his predecessor, has
told The Times that he disagrees with Ferman's attempt to permit some hardcore
pornography. He doubts that liberalising pornography will reduce demand for black-market
material. It is not clear to me that it follows that by liberalising one end of the
spectrum you discourage people from moving on to the other end of the spectrum, Duval said.
On July 27 and 28, the appeals committee will consider Sheptonhurst's
Catbabe, Nympho Nurse Nancy, TV Sex and Office Tart.
Prime Time Promotions is appealing on three more:
Miss Nude International is
about a beauty contest where the models cheat by dispensing favours to the judges;
Nurses 2: The Continental Version, in which the heroine persuades a potential
suicide not to jump by having sex with him; and the trailer to Carnival:
International Version, for which the full video was granted a certificate but the
trailer, which contains the same explicit material, was refused one.
At stake is a lucrative trade in pornography. Greg Hurlstone of Prime Time Promotions
decided to distribute blue films when he learnt that the rights for a horror title cost
£50,000, but for a "porno" was about £650.
There is huge demand for hardcore videos, which cost about £20.
Batbabe sold 25,000 copies: five times as many as R18 titles.
The Home Office acknowledges the power of the Video Appeals Committee as an independent
body and says there is no role or interference which the Home Secretary can make in its
Curiously, the videos might still be illegal under the Obscene Publications Act.
Neither Customs & Excise nor the police recognise the Video Appeals Committee
standards. The videos could still be seized and shown to a jury to decide if they are
obscene, ie, tending to deprave and corrupt.
The Home Office has brought together Scotland Yard, Customs & Excise and the BBFC
to agree a common standard of obscenity but, 18 months later, there is no sign of