Oireachtas Joint and Select Committees

Wednesday, 2 December 2015

Joint Oireachtas Committee on Justice, Defence and Equality

Classification of Film Appeals Board: Chairperson Designate

9:30 am

Ms Margaret Taylor:

I thank members for giving me the opportunity to address them. I have been nominated as chairperson of the Classification of Film Appeals Board.

I can demonstrate a track record of successfully applying regulation, sound judgement and a solid record of decision-making throughout my career. I have 29 years' experience in the retail and leisure industries, starting with Golden Discs in 1979. I have ten years' direct experience in the cinema industry as managing director of Virgin Cinemas and UGC UK and Ireland. I have over ten years' experience at board level in companies whose turnover has ranged from £90 to £500 million. During my time in the cinema industry I had exposure to the film distribution and production industries. I also served as a member of First Light, an initiative funded by the United Kingdom Film Council to encourage young film-makers in schools and youth groups. I completed the successful sale of both the Virgin and UGC cinema circuits, achieving multiples of 13 and 11 times EBITDA, that is, earnings before interest, taxes, depreciation and amortisation, respectively, in 1999 and 2004. I retired to Ireland in 2005 and I live in west Cork. I am currently in my final year at UCC completing a BA in English and politics.

Classification decisions are made by the director of film classification at the Irish Film Classification Office, IFCO. The classification awarded to any given work is determined by application of classification guidelines, the main issues under consideration being violence, sex, drugs and language. The overall tone and context in which this material is presented will often be the determining factor in the classification awarded. When deciding on a classification, the IFCO considers the context and impact of the film as a whole rather than on the basis of one short image or scene. Consideration is given to whether content is presented within an educational context, for example, social themes such as anti-drugs or anti-discrimination or historical themes.

Although the prohibition of films remains within the remit of IFCO, there is general recognition nowadays that, as long as it is within the law, adults should be able to decide for themselves what they would like to view when they go to the cinema. The main emphasis is, therefore, on classification rather than censorship, as well as the protection of children and the promotion of parental responsibility. The IFCO has a duty to protect children and young people from harm and actively encourages feedback from the public and parents or guardians in particular. If a member of the public is not happy with a film classification decision, it is open to that person to contact IFCO directly by e-mail, as outlined on the IFCO website.

The provision of the Film Classification Appeals Board is required under the Censorship of Films Act 1923. The board consists of nine members, one of whom serves as chairperson. The board also provides the appeals function under the Video Recordings Act 1989. Therefore, theatrical and DVD certifications may be appealed. The process is straightforward. Any distributor who is aggrieved by the decision of the director of film classification to either grant a classification or prohibit a title may appeal to the Classification of Films Appeal Board. Under the process, a letter to the chairperson outlining the reasons for appeal and an appeal fee of €1,000 is forwarded. Upon receiving notice of appeal, the secretary contacts the board to arrange a suitable date to view the title. The secretary will circulate the letters of the director and the distributor to the entire board. After the board members have viewed the title, they discuss and complete a register with their decision to either grant or reject the appeal. The secretary will notify the director and distributor of the decision and if the appeal is granted, the appeal fee is refunded and a new certificate is issued.

There were no appeals to the Classification of Film Appeals Board during 2013. The term of office of the board ended on 29 April 2013. There were no video appeals in 2012 and three theatrical appeals. In those cases all the certificates were revised by the appeals board. In 2013, at total of 768 films, trailers and shorts received certification and 4,336 DVDs or videos received certification. There are currently no appeals on hand but this could, of course, change at any given time if a distributor is aggrieved by a classification decision.

The chairperson of the appeal board reports annually to the Minister for Justice and Equality. I will ensure, as far as possible, that decisions of the board, after full consideration reach consensus. Unanimous decisions are always desirable. I thank the members for their attention.

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