ayase
State Alchemist
My understanding is that it wasn’t. It was the BBFC’s interpretation of their own mandate they were given under the Video Recordings Act 1984 (as sourced above by @thedoctor2016) and presumably by the "harm" provisions it's referring to section 4A which leaves it entirely up to the BBFC to decide what they think constitutes "harm", though it does specify that they should base their decision on the intended audience and rating - Which means they believe viewing the cut material from Paranoia Agent and Valkyrie Drive Mermaid has the potential to harm legal adults above 18 years of age. I hope the BBFC employees got the help they needed after viewing them, unless (as I rather suspect) it's only the plebs they believe need protecting from themselves. Not the sort of anime you'd want your servants to watch.It would depend on why the material was cut / refused classification. If it were due to the Obscene Publications Act or Protection of Children Act, then it would be illegal to purchase/import/own the material as I understand it.
The Protection of Children Act's purpose is to protect actual children (not 2D ones) and is the act that bans real or photo-realistic child pornography (thankfully anime isn't photo-realistic, since that would be horrifying). And I don't think anything has successfully been banned under the Obscene Publications act since David Britton's Lord Horror in 1991 (a random thing I happen to know because I would quite like a copy). The most likely law to get anything banned as far as anime and manga goes is the Coroners and Justice Act 2009 which basically expands the Protection of Children Act to include fictional 2D children by creating the following provisos:
a moving or still image (produced by any means)
...
(7)References to an image of a person include references to an image of an imaginary person.
(8)References to an image of a child include references to an image of an imaginary child.
Fantastic, isn't it, that in a world where establishment fixtures like Jimmy Savile and Jeffrey Epstein got away with what they did for as long as they did that our authorities find time to protect the imaginary children? Almost like they'd rather turn the attention somewhere else... That aside, the criteria for the images under the Coroners and Justice Act is not the same as the criteria under the Protection of Children Act. In order to be banned under this particular law, the image has to fulfill the following criteria (spoiler tagged for people who don't want to read descriptions of sex acts - self censorship!):
(a)is an image which focuses solely or principally on a child's genitals or anal region, or
(b)portrays any of the acts mentioned in subsection (7).
(7)Those acts are—
(a)the performance by a person of an act of intercourse or oral sex with or in the presence of a child;
(b)an act of masturbation by, of, involving or in the presence of a child;
(c)an act which involves penetration of the vagina or anus of a child with a part of a person's body or with anything else;
(d)an act of penetration, in the presence of a child, of the vagina or anus of a person with a part of a person's body or with anything else;
(e)the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary);
(f)the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.
(b)portrays any of the acts mentioned in subsection (7).
(7)Those acts are—
(a)the performance by a person of an act of intercourse or oral sex with or in the presence of a child;
(b)an act of masturbation by, of, involving or in the presence of a child;
(c)an act which involves penetration of the vagina or anus of a child with a part of a person's body or with anything else;
(d)an act of penetration, in the presence of a child, of the vagina or anus of a person with a part of a person's body or with anything else;
(e)the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary);
(f)the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.
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