Cinematograph Act 1909
Encyclopedia
The Cinematograph Act 1909 is an Act
of the Parliament of the United Kingdom
(9 Edw. VII c. 30). It was the first primary legislation
in the UK
which specifically regulated the film industry
. It is notable for having unintentionally provided the legal basis for film censorship, leading to the establishment of the British Board of Film Censors
in 1912.
s, music hall
s and hastily converted shops (so-called 'penny gaff
s'). The film then in use was made from the highly flammable cellulose nitrate
base. Combined with limelight
illumination, this created a significant safety hazard, resulting in a number of fatal fires.
The 1909 Act specified a strict building code which required, amongst other things, that the projector be enclosed within a fire resisting enclosure. All commercial cinemas (defined as any business which admitted members of the public to see films in exchange for payment) had to comply with these regulations. In order to enforce this each cinema had to be inspected and licensed by the local authority
. The Act was amended in the wake of the 1929 Glen Cinema Disaster
in order to give local authorities more powers to regulate the number of emergency exits and insist on other safety measures.
, by opening on a Sunday (27 February 1910). In the appeal hearing which resulted (LCC
v. Bermondsey Bioscope Co., [1911] 1 K.B. 445), the cinema owner argued that the intention of the 1909 Act was simply to ensure health and safety, and that authorities had no legal power to attach unrelated conditions to cinemas' licences. The LCC won the appeal, which established the precedent that the purpose of restrictions on a cinema licence did not have to be restricted to fire prevention.
In the aftermath of this case, local authorities across the country began to censor the content of films, using their licensing powers under the 1909 Act. This concerned the film industry, which was worried that inconsistent censorship policies would undermine it: under this ad hoc system, a film-maker had no way of knowing the size of his potential market (i.e. how many authorities would allow or ban his film), and cinema owners in areas with strict censorship policies would suffer financially compared to those in more liberal towns.
The result was the creation of the British Board of Film Censors in 1912, a private company which examined and certified films according to nationally agreed criteria. It was financed by the fees paid by film-makers to the BBFC to have their films examined. Councils began to issue cinema licences with a provision stating that they may show only films which had been passed by the BBFC, rather than censoring films themselves.
Although the Act itself was later superseded, its provisions remain the legal basis on which the content of films for cinema exhibition is regulated in the UK. There are occasionally high-profile cases in which a local authority overrules a BBFC decision within its given jurisdiction, either to raise the certificate or ban outright films the Board has passed, or to allow screening of films it has not. The BBFC was given statutory powers for the first time in 1985, when it was designated as the classifying authority under the Video Recordings Act 1984
, in respect of most commercial video recordings sold or hired in the UK. But these powers do not affect theatrical exhibition, the legal regulation of which remains with local authorities.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
(9 Edw. VII c. 30). It was the first primary legislation
Primary legislation
Primary legislation is law made by the legislative branch of government. This contrasts with secondary legislation, which is usually made by the executive branch...
in the UK
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
which specifically regulated the film industry
Film industry
The film industry consists of the technological and commercial institutions of filmmaking: i.e. film production companies, film studios, cinematography, film production, screenwriting, pre-production, post production, film festivals, distribution; and actors, film directors and other film crew...
. It is notable for having unintentionally provided the legal basis for film censorship, leading to the establishment of the British Board of Film Censors
British Board of Film Classification
The British Board of Film Classification , originally British Board of Film Censors, is a non-governmental organisation, funded by the film industry and responsible for the national classification of films within the United Kingdom...
in 1912.
Origins
During the 1890s and 1900s, most film exhibition took place in temporary venues such as fairgroundFunfair
A funfair or simply "fair" is a small to medium sized travelling show primarily composed of stalls and other amusements. Larger fairs such as the permanent fairs of cities and seaside resorts might be called a fairground, although technically this should refer to the land where a fair is...
s, music hall
Music hall
Music Hall is a type of British theatrical entertainment which was popular between 1850 and 1960. The term can refer to:# A particular form of variety entertainment involving a mixture of popular song, comedy and speciality acts...
s and hastily converted shops (so-called 'penny gaff
Penny gaff
A penny gaff was a popular entertainment for the lower classes in 19th century England. It consisted of short, theatrical entertainments which could be staged wherever space permitted, such as the back room of a public house or small hall. Unsophisticated, the props and scenery rarely consisted of...
s'). The film then in use was made from the highly flammable cellulose nitrate
Nitrocellulose
Nitrocellulose is a highly flammable compound formed by nitrating cellulose through exposure to nitric acid or another powerful nitrating agent. When used as a propellant or low-order explosive, it is also known as guncotton...
base. Combined with limelight
Limelight
Limelight is a type of stage lighting once used in theatres and music halls. An intense illumination is created when an oxyhydrogen flame is directed at a cylinder of quicklime , which can be heated to 2572 °C before melting. The light is produced by a combination of incandescence and...
illumination, this created a significant safety hazard, resulting in a number of fatal fires.
The 1909 Act specified a strict building code which required, amongst other things, that the projector be enclosed within a fire resisting enclosure. All commercial cinemas (defined as any business which admitted members of the public to see films in exchange for payment) had to comply with these regulations. In order to enforce this each cinema had to be inspected and licensed by the local authority
Local government
Local government refers collectively to administrative authorities over areas that are smaller than a state.The term is used to contrast with offices at nation-state level, which are referred to as the central government, national government, or federal government...
. The Act was amended in the wake of the 1929 Glen Cinema Disaster
Glen Cinema Disaster
The Glen Cinema Disaster of 31 December, 1929 in Paisley, Scotland, killed 69 children and injured 40; the final death toll was 71.On the afternoon of 31 December 1929, during a children's matinee, a freshly shown film was put in its metal can, in the spool room, where it began to issue thick black...
in order to give local authorities more powers to regulate the number of emergency exits and insist on other safety measures.
Legal basis of censorship
In the following year, the owner of the London Bridge Picture Palace and Cinematograph Theatre, in South London, was prosecuted under Section 2 of the Act after he defied a condition of the licence issued by the local authority, the London County CouncilLondon County Council
London County Council was the principal local government body for the County of London, throughout its 1889–1965 existence, and the first London-wide general municipal authority to be directly elected. It covered the area today known as Inner London and was replaced by the Greater London Council...
, by opening on a Sunday (27 February 1910). In the appeal hearing which resulted (LCC
London County Council
London County Council was the principal local government body for the County of London, throughout its 1889–1965 existence, and the first London-wide general municipal authority to be directly elected. It covered the area today known as Inner London and was replaced by the Greater London Council...
v. Bermondsey Bioscope Co., [1911] 1 K.B. 445), the cinema owner argued that the intention of the 1909 Act was simply to ensure health and safety, and that authorities had no legal power to attach unrelated conditions to cinemas' licences. The LCC won the appeal, which established the precedent that the purpose of restrictions on a cinema licence did not have to be restricted to fire prevention.
In the aftermath of this case, local authorities across the country began to censor the content of films, using their licensing powers under the 1909 Act. This concerned the film industry, which was worried that inconsistent censorship policies would undermine it: under this ad hoc system, a film-maker had no way of knowing the size of his potential market (i.e. how many authorities would allow or ban his film), and cinema owners in areas with strict censorship policies would suffer financially compared to those in more liberal towns.
The result was the creation of the British Board of Film Censors in 1912, a private company which examined and certified films according to nationally agreed criteria. It was financed by the fees paid by film-makers to the BBFC to have their films examined. Councils began to issue cinema licences with a provision stating that they may show only films which had been passed by the BBFC, rather than censoring films themselves.
Although the Act itself was later superseded, its provisions remain the legal basis on which the content of films for cinema exhibition is regulated in the UK. There are occasionally high-profile cases in which a local authority overrules a BBFC decision within its given jurisdiction, either to raise the certificate or ban outright films the Board has passed, or to allow screening of films it has not. The BBFC was given statutory powers for the first time in 1985, when it was designated as the classifying authority under the Video Recordings Act 1984
Video Recordings Act 1984
The Video Recordings Act 1984 is an Act of the Parliament of the United Kingdom that was passed in 1984. It states that commercial video recordings offered for sale or for hire within the UK must carry a classification that has been agreed upon by an authority designated by the Home Office...
, in respect of most commercial video recordings sold or hired in the UK. But these powers do not affect theatrical exhibition, the legal regulation of which remains with local authorities.