Audiovisual Media Services Regulations 2014
| Statutory Instrument | |
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| Citation | 2014 No. 2916 |
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| Introduced by | Ed Vaizey (Department for Culture, Media and Sport) |
| Dates | |
| Made | 4 November 2014 |
| Commencement | 1 December 2014 |
| Other legislation | |
| Made under | Communications Act 2003 |
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Status: Current legislation
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| Text of statute as originally enacted | |
| Text of the Audiovisual Media Services Regulations 2014 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Audiovisual Media Services Regulations 2014 is a Statutory Instrument of the Parliament of the United Kingdom that applies regulations to R18-rated pornography that is available through video on demand or other streaming platforms. Prior to the regulations coming into force, neither Ofcom nor the British Board of Film Classification (BBFC) had jurisdiction over such content. In force from 1 December 2014[update], these regulations have been made by the Secretary of State in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
Current British obscenity law prohibits obscene publications, including pornography that may seriously harm the performer or threaten their life. Prior to the regulations coming into force, online pornography was not subject to the same regulations as pornography available for purchase in sex shops; the intention of the regulations was to create a parity between the two forms. Material that was already banned by the BBFC in home video – and therefore restricted under the regulations – includes:
The Department for Culture, Media and Sport defended the regulations by stating that the BBFC's R18 certificate was a "tried and tested" method of protecting children, and highlighted the need for consistency in regulation. Peter Johnson, the chair of the Authority for Television On Demand (ATVOD), stated that he believed unregistered material from overseas would violate the Obscene Publications Act 1959, and credit card payments to premium sites would be able to be blocked.
Upon going into force on 1 December 2014, the regulations were subject to immediate criticism, particularly for their ban on female ejaculation whilst male ejaculation was unaffected by the regulations. A Vice interview with BBFC officials indicated that the prohibition on female ejaculation was due to the ban on urolagnia, and the difficulty of distinguishing female ejaculate from urine. A blog for the New Statesman highlighted that many of the activities were popular in the LGBT and BDSM communities or related to expressions of female sexuality. Myles Jackman, an obscenity lawyer, expressed concerns that the regulations set a dangerous precedent and described pornography as "the canary in the coal mine" of freedom of speech.
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