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BC Ministry of Public Safety and Solicitor General

Film Classification Office (FCO)

Adult Video Editor's Guide

Second Edition

August 2001

 

 

This guide does not, and cannot, deal exhaustively with the issue of prohibited material. The Director of Film Classification is the final decision-maker with respect to prohibited material and makes such decisions on a case-by-case basis. Nevertheless, the Film Classification Office hopes that this guide will be of general assistance to adult video editors and distributors, and encourages interested parties to contact this office with any specific questions they may have.

 

 

5(3) SUBJECT TO SECTION (5), THE DIRECTOR SHALL, BEFORE APPROVING A MOTION PICTURE SUBMITTED UNDER SECTION 2(1) OR 3(1), REMOVE OR REQUIRE THE REMOVAL OF, BY ERASURE OR OTHERWISE, ANY PORTION OF IT THAT DEPICTS

 

(a) THE COERCING, THROUGH THE USE OR THREAT OF PHYSICAL FORCE OR BY OTHER MEANS, OF A PERSON TO ENGAGE IN A SEXUAL ACT, WHERE THE SEXUAL ACT THAT WAS COERCED IS DEPICTED IN EXPLICIT SEXUAL SCENES

Verbal coercion occurs if the character stands to lose something if he/she doesn't perform explicit sex. Examples of verbal coercion include:

  • "have sex with me or you will be fired",
  • "have sex with me or you will be arrested".

Physical coercion takes place when:

  • a character is physically manipulated into an explicit sexual act,
  • a character refuses to end a sexual act when requested by his/her partner.

Coercion can include an implied threat such as the manipulation of a weapon (e.g., staff, gun, or knife).

Coercion can include explicit sexual scenes involving participants that are depicted as being unable to indicate consent due to:

  • the influence of substances (e.g. drugs, alcohol),
  • lack of consciousness, or
  • mental disability.

 

(b) INCEST OR NECROPHILIA

Incest occurs when an explicit sexual act is depicted between people with any of the following relationships (which may or may not be referenced):

  • siblings
  • parent/child
  • stepsiblings
  • twins (including identical twins)
  • grandparent/grandchild
  • uncle/aunt//nephew/niece
  • great grandparent/great grandchild
  • stepparent/stepchild
  • step grandparent/step grandchild

Note: Incest does not include sexual acts between "in-laws" or cousins.

Note: To be prohibited, the depiction of incest must be convincing, therefore, colloquial usage of terms such as "bro", "sister", or "uncle" will be reasonably approved.

Necrophilia is an explicit sexual act involving a corpse (or a person depicting a corpse) - this excludes the depiction of "ghosts" or "spirits".

 

(c) BONDAGE IN A SEXUAL CONTEXT

Bondage is the limiting of a person's mobility during which the person requires assistance from another person or a tool in order to be released. Where a performer demonstrates that aid is not required in order to be released, such scenes may be approved.

Common instruments of bondage include handcuffs, ropes, belts, chains, cages, and straps.

To be prohibited, the bound performer must participate in a sexual act.

 

(d) PERSONS WHO ARE OR WHO APPEAR TO BE UNDER THE AGE OF 14 INVOLVED IN SEXUALLY SUGGESTIVE SCENES, WHETHER OR NOT THEY APPEAR NUDE OR PARTIALLY NUDE

If the classifiers believe that a performer is under the age of 14, and is involved in such a scene, the submission will be "not approved".

Involved is somebody or something that is included, connected and/or associated with a motion picture.

If the classifiers are concerned that a performer in a sexually suggestive scene may be under the age of 14, a "Proof-Of-Age Form" will be faxed to the distributor requesting proof-of-age. If acceptable proof-of-age is not received by this office within 60 days, the submitted product will be classified as "not approved". See the attached "Proof-of-Age Form" for a list of acceptable types of identification.

If a character in a sexually suggestive scene is depicted as under 14, the submission will be "not approved". This may be established by any one of the following:

  • A verbal reference to the character as under the age of 14.
  • The character's behaviour, dialogue, environment, or appearance is consistent with persons under 14 years of age.
  • The performer's physical development is consistent with that of persons under 14 years of age.

Note: Distributors should be especially familiar with the CRIMINAL CODE OF CANADA in regard to this section of the MOTION PICTURE ACT. Section 163.1(1)(a)(ii) of the CRIMINAL CODE OF CANADA states:

In this section, "child pornography" means the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years.

 

(e) PERSONS WHO ARE OR WHO APPEAR TO BE UNDER THE AGE OF 18 INVOLVED IN EXPLICIT SEXUAL SCENES

If the classifiers believe that a performer is under the age of 18, and is involved in such a scene, the video will be"not approved".

Involved is somebody or something that is included, connected and/or associated with a motion picture.

If the classifiers are concerned that a performer in an explicit sexual scene may be under the age of 18, a "Proof-Of-Age Form" will be faxed to the distributor requesting proof-of-age. If acceptable proof-of-age is not received by this office within 60 days, the submission will be classified as"not approved". See the attached "Proof-of-Age Form" for a list of acceptable types of identification.

If a character in an explicit sexual scene is depicted as under 18, the product will be "not approved". This may be established by any one of the following:

  • A verbal reference to the character as under the age of 18.
  • The character's behaviour, dialogue, environment, or appearance is consistent with those persons under 18 years of age.
  • The performer's physical development is consistent with that of persons under 18 years of age.

For the purposes of this subsection, touching, fondling or other manipulation of female breasts may be prohibited.

Note: Distributors should be especially familiar with the CRIMINAL CODE OF CANADA in regard to this section of the MOTION PICTURE ACT. Section 163.1(1)(a)(ii) of the CRIMINAL CODE OF CANADA states:

In this section, "child pornography" means the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years.

 

(f) EXPLICIT SEXUAL SCENES INVOLVING VIOLENCE

Depictions of violence involving a playful, consensual, harmless atmosphere and tone may be approved. Depictions involving a verbally abusive, dominant, fearful, degrading atmosphere and tone or which represent a potentially harmful situation to one of the participants are likely to be prohibited.

Common examples of violence may include the following:

  • slapping/spanking
  • hair pulling
  • choking

"Fisting" is another common example of violence. The following is a guideline to assist in determining prohibited "fisting".

  • "Fisting" most often refers to an act in which a person has all five digits completely inside a body cavity (i.e. vagina, anus).
  • Anal "fisting" will not be approved.
  • The "fisting" of a woman who is pregnant, is depicted as pregnant, or appears to be pregnant will not be approved.
  • Combination "fisting" will not be approved (e.g. vaginal "fisting" combined with any form of anal or vaginal penetration including so much as a finger).
  • Vaginal "fisting" may be approved unless the recipient demonstrates visual or verbal signs of pain, discomfort, distress or there is an obvious potential for harm to a participant.
  • Double anal penetration with any combination of male genitalia and/or dildo/vibrator may be considered equivalent to "anal fisting" and may not be approved.
  • The manner in which "fisting" is performed may also determine whether or not approval will be granted (e.g. rapid, forceful, and/or aggressive scenes or depictions of "fisting" lacking preparation or lubrication may not be approved whereas a slower more gentle depiction of "fisting" with preparation and lubrication may be approved).
  • When a large object(s), sexual organ(s), or other appendage, that is not of reasonable size, is inserted into a body cavity so that it causes visual or verbal signs of pain, discomfort, or distress, the scene will not be approved.

The BC Film Classification Office has obtained an expert medical opinion from the College of Physicians & Surgeons of BC regarding "fisting". The above guidelines were established through these consultations.

Burning wax on genitals or fire on the body of a performer as well as nipple/genitalia clamps attached to a performer could be considered violence or torture and therefore not approved.

Note: The Director concludes that it is possible for a person to commit an act of violence against himself or herself. This includes sado-masochistic or bondage/discipline behaviour not fitting the aforementioned criteria of violence.

 

(g) SCENES OF BRUTALITY TO OR TOTURE, MAIMING OR DISMEMBERMENT OF PERSONS OR ANIMALS THAT ARE PORTRAYED WITH SUCH A DEGREE OF REALITY AND EXPLICITNESS THAT THE SCENES WOULD, IN THE DIRECTOR’S OPINION, BE INTOLERABLE TO THE COMMUNITY

Burning wax on genitals or fire on the body of a performer as well as nipple/genitalia clamps attached to a performer could be considered violence or torture and therefore not approved.

When bondage involves binding of the genitals and/or breasts, it may be considered a sexual act and may be considered torture.

 

(h) SEXUAL CONDUCT BETWEEN A HUMAN BEING AND AN ANIMAL

 

(i) CONDUCT OR AN ACTIVITY THAT IS PRESCRIBED IN A REGULATION MADE UNDER SECTION 14(f)

This refers specifically to the depiction of urination/defecation for sexual gratification that is prohibited in section 2(b) of the MOTION PICTURE ACT REGULATIONS.

Sexual gratification includes that of the performer and/or the audience.

Note: The BC Film Classification Office has obtained an expert medical opinion from the College of Physicians & Surgeons of BC regarding "squirting". This opinion affirms that clear watery substance expelled from the urethra is consistent with urination.

A scene depicting a performer ejaculating a substance that is not urination will be approved.

Note: Menstruation and/or lactation are not prohibited under the MOTION PICTURE ACT or MOTION PICTURE ACT REGULATIONS.

 

 

DEFINITIONS

 

DEFECATION

Fecal matter and any watery or viscous substance, not including semen, evacuated from the bowels.

DEPICT

Represent actions, messages, objectives, behaviours, and/or intentions in images, sounds and/or words.

EXPLICIT SEXUAL SCENES

Scenes in the motion picture that depict a sexual act, the occurrence of which is actually visible by the viewer.

GENITALS

Genitals are the organs of generation: in the male, the penis and testicles; in the female, the vagina, uterus and ovaries.

INVOLVED

Included, connected and/or associated with a motion picture and/or scene.

SEXUAL ACT

A real or simulated act of:

  • intercourse or masturbation,
  • genital-genital, genital-anal, oral-genital or oral-anal connection between human beings, or
  • genital connection between human beings and objects.

SEXUALLY SUGGESTIVE SCENES

Scenes in a motion picture that depict:

  • sexual activity other than explicit sexual scenes, or
  • a sexual act that is not actually visible to the viewer, but the scene and the context in which it appears are intended to suggest that a sexual act is or may be occurring.

SIBLING

Each of two or more children having one or both parents in common.

URINATION

Urine expelled from the urethra/genitalia.

VIOLENCE

Can include one or more of the following depictions involving an animate being:

  • behavioral acts
  • evidence/indication of harm
  • potential for harm

 

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