B.C. Liberals plan to repeal definition of "adult film" in Motion Picture Act

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      Attorney General Suzanne Anton has included several housekeeping amendments to modernize language in the law regulating films.

      Under Bill 33, the terms "adult film", "adult film distributor", and "adult film retailer" are all being eliminated.

      They'll be replaced by "adult motion picture", "adult motion picture distributor", and "adult motion picture retailer".

      "B.C.'s regulation of motion pictures is based on the principle that parents are responsible for deciding what is viewed in their homes while government, by way of an agreement with Consumer Protection B.C., provides film classification and advisories to inform parents of what is being shown in theatres," Anton said in the legislature last week. "There will be no changes to the current classification system."

      An adult motion picture will have, as its main object, the depiction of sexually explicit scenes or "scenes, depicted in a realistic and explicit manner, of brutality or torture to persons or animals", or include scenes proscribed by regulation.

      Bill 33's definition of motion picture includes "film, videotape, videodisc or an electronic or digital storage device" or "any source, including electronic, wire, fibre optic cable, telecommunication, digital or satellite sources".

      It does not include video games.

      Anton explained that under the current law, Consumer Protection B.C. can only seize unclassified films, take licensing action, or seek approval for prosecution.

      "Adding progressive enforcement tools—such as voluntary undertakings, compliance orders and administrative penalties—will improve compliance outcomes, enhance consumer protection, and reduce the time and cost of resultions through the courts," she stated.

      Anton also noted that if the bill is approved, it will allow for publication of enforcement actions under the Motion Picture Act.

      "Enhanced regulation-making power will prescribe violations subject to an administrative penalty, capture digital technology, and respond to future technology changes in distribution and exhibition," she said. "These amendments will reduce the licensing requirements for theatre owners, who will no longer be required to hold a separate licence to screen movies that have a restricted classification. One licence will allow them to screen both general release and restricted movies, saving operators both time and money."

      NDP MLA George Heyman noted that the present system "offers a very limited range of enforcement options". As things stand now, he told the legislature that the option is either "licence suspension or cancellation, seizure, or resorting to the court system to simply levy a fine that could easily be replaced by an administrative penalty".

      "There still remains a separate classification for adult content, but it clearly, in this bill, demonstrates an understanding that restricted content is not the same as adult content and can be separated out in terms of licensing—not in terms of classification, but in terms of licensing," Heyman said. "That appears to be a positive result of this bill."

      B.C. Liberal MLA Jane Thornthwaite said the legislation will reduce costs to smaller venues such as the Vancity Theatre, the Rio, and Cinematheque.

      That's because they will no longer require a separate licence to exhibit films with an adult or 18A rating.

      NDP MLA Leonard Krog noted that Bill 33 would require the director of Consumer Protection B.C. to approve films if they do not contain sexually explicit scenes involving violence or are degrading—or if they don't show or represent a person under the age of 18 nude or partially nude involved in sexually suggestive or sexually explicit scenes.

      "We are giving significant discretion now to the director," Krog said. "Essentially, what we're saying is that we are liberalizing the laws around what most people would refer to as pornography in British Columbia."

      Then Krog cheekily stated that he's "very interested" to hear what B.C. Liberal MLAs have to say on this topic, "particularly those who might have strong views about that".

      Bill 33 has gone through second reading but still requires final approval of the legislature and Royal Assent before it can become law.

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