The document provides an overview of film and content classification in Trinidad and Tobago and reviews international practices. It finds that the current framework in Trinidad and Tobago, based on the 1936 Cinematograph Act, may not be relevant today given new media. International frameworks show independent statutory bodies classifying different content types. Classification schemes now apply across borders to support industries.

1. T H E C U R R E N T S T A T E I N T R I N I D A D A N D T O B A G O
A N D A R E V I E W O F I N T E R N A T I O N A L T R E N D S
Film and New Media
Content Classification
December 2009
Ministry of Information
Government of the Republic of Trinidad and Tobago

2. Objective
 To provide a brief overview of the context of film and
content classification in Trinidad and Tobago today.
 To provide a general overview of international
practices with regard to content classification, and
the governance frameworks that support them

3. Why Content Classification
 The general policy posture of market facilitating regulatory frameworks
suggests a move towards systems which encourage market forces
determining effective capital investment
 In the paradigm of content-based product, the effectiveness of said market
forces is dependent on appropriate information to the consumer
 Content classification is a market indicator of both supply and demand
sides of the sector:
 Informing the market of content to guide purchasing choices;
 Guiding the producer to self-regulation of content in the context of optimising returns on
content product.

4. Content Classification in Trinidad
and Tobago today.
 For Film, governed by the statutory framework
established by the Cinematograph Act (1936) and
supporting Regulations
 For Broadcasting, while there is no explicit framework
for the classification or censorship, there is some
oversight provided by the Telecommunications Authority
via the Broadcast Code once promulgated (Section 79 of
the Telecommunications Act, 2001)
 For other forms of material not published in a book or
magazine, there is no classification oversight.

5. Overview of the
Cinematograph Act (1936)
 Establishes the Film Censors’ Board and empowers that
body to authorise and censor film product to be exhibited
in Trinidad and Tobago
 “Film” referred to “British film” in particular, creating lacuna where:
 the Board has no oversight of exhibitions facilitated by video cassette or
DVD;
 the Board has no statutory oversight of films not produced either by a
“British Company” or otherwise in the Commonwealth; and
 the Board has no statutory oversight of film product that is not to be
exhibited in an approved, licensed theatre
 Provisions referred to particular considerations of cinematography
technology of the period
 A “feature film” determined by the physical length (in feet) of film
associated with the product; and
 Substantial concern regarding the inflammatory nature of film at the time

6. Overview of the
Cinematograph Act (1936)
 The focus of the statutory framework is the censorship of film
product through either:
 The non-authorisation to exhibit a film; or
 The editing, through physical removal of specified lengths of the film for
authorisation
This is notable as there seemed to be no objective standard through
which this power was to be wielded by the Board – censorship of
product was purely subjective with little recourse for the
producer/ distributor of the film.
 Classification scheme is thus not predictable to the producer/ distributor of
the film product

7. Overview of the
Cinematograph Act (1936)
 The framework established a Licensing Authority for
Theatres and Exhibitors – the Magistrate for the
district in which the theatre is located:
 While competent in the very limited context of the exhibition
theatre, if the framework is expanded beyond this limited
context would this arrangement still be appropriate?
 Due consideration should also be given to the stated backlog of
matters in the Magistrates Court

8. Problem Definition statements
“Is the current framework for film classification relevant
in the 21st Century, with the mix of media channels
through which the variety of content types is
distributed?”
“Does the current framework support the development of
a domestic film sector, as envisaged by the GoRTT?”
“Are there other forms of content products which should
be covered in a revised administrative framework?”

9. Review of International Best
Practices
 Most are aware of the American Motion Picture Content
Classification Framework established by the MPAA, an industry-
established body
 Relevant because of the volume of motion picture content coming from the US
 There must be cognisance of the growing segment of non-US film
product in the market place
 There must also be cognisance of whether films (motion pictures)
are the only form of content warranting classification.
 In the case of this review, in the main, trends across the
Commonwealth are considered, including statutory powers
and governance frameworks. Jurisdictions reviewed include:
 United Kingdom (the British Board of Film Classification)
 Australia (Classification and Classification Review Boards)
 New Zealand (Office of Film and Literature Classification)

10. Review of International Trends:
The United Kingdom
 Statutory powers on the Classification of film remains with the local
government councils, but these defer by and large to classifications
provided by the British Board of Film Classification (BBFC)
 BBFC was established as the British Board of Film Censors in 1912 by
the UK’s film industry, the Board’s initial role was to bring a degree of
uniformity to the classification of film across Britain.
 By virtue of the Video Recording Act, 1984, the President and Vice
President of the BBFC were designated the authority through which
video recordings offered for sale or hire commercially is to be classified
as passing the test of “suitable for viewing in the home.”
 There is no general TV rating system as the television regulator, Ofcom,
sets clear boundaries for what can be shown and when. The most
obvious example of this is in the watershed, the time after which more
explicit content (15, 18) can be shown. On main broadcast television
channels this is 9pm, however on certain satellite channels it is 8pm

11. Review of International Trends:
The United Kingdom
 Role of the BBFC
“[a] highly expert and experienced regulator of the moving image (especially film,
video/DVD and video games), and … a service provider for new and developing
media,” BBFC defines its roles as:
 Provision of information to the public that empowers them to make appropriate viewing decisions
for themselves and those in their care…with a view to assisting in protection of vulnerable viewers
and society from the effects of viewing potentially harmful or unsuitable content while respecting
adult freedom of choice.
 provision to the media industries with the security and confidence of cost-effective, publicly trusted
regulation and help to protect providers of moving image content from inadvertent breaches of UK
law, and
 the assistance to Trading Standards officers in their enforcement role
 Recent developments:
Government of UK has opted to move away from BBFC Classification of electronic
games, instead preferring the European standard “PEGI”
There are proposals contained in a Private Member’s Bill of Parliament to bring the
BBFC under greater oversight of Parliament

12. Review of International Trends:
The United Kingdom
Films may receive a different
rating when released on
DVD/video to that at the cinema.
It is not unusual for certain films
to be refused classification,
effectively banning them from
sale or exhibition in the UK. Any
media which has been banned
receives an 'R' certificate
(Rejected).
*all logos and designs are trademarked to the respective organisations

13. Review of International Trends:
Australia
 The Classification (Publications, Films and Computer
Games) Act 1995 establishes the Classification Board and the
Classification Review Board
 The Classification Operations Branch of the Attorney-General’s
Department provides administrative support to both the
Classification Board and Classification Review Board
 The Classification Act also sets out:
 classification types
 statutory requirements for applications for classification
 powers and functions of the Classification Board and Classification Review
Board
 processes for industry assessment of certain material
 provisions for the approval of advertisements for certain classified products
 statutory criteria for review of classification decisions
 provisions pertaining to reclassification, and
 provisions pertaining to prohibited material in prescribed areas.

14. Review of International Trends:
Australia
Other functions
The advertising exemption scheme
 Despite State and Territory legislation prohibiting the advertising of unclassified films, the
Act allows the Board to grant a limited number of cinema releases advertising exemption
each calendar year.
Exemptions to show unclassified films
 Under State and Territory enforcement legislation, an organisation may make an application
to show an unclassified film at a film festival or a special event. Exemptions are granted in
accordance with the relevant Film Festival guidelines in each jurisdiction.
Industry Assessors
 Under the Classification Act, the Director may authorise a person who has completed the
required training to assess the likely classification of a computer game. If a computer game
is likely to be classified G, PG or M, authorised assessors can submit an application for the
game, accompanied by a recommended classification and consumer advice.

15. Review of International Trends:
Australia
 Other Functions
Australian Communications and Media Authority
 The Classification Board does not classify material that is broadcast on radio or
television networks. The Broadcasting Services Act 1992 (the BSA) establishes
a co-regulatory scheme for broadcast services including radio and television
relying on codes of practice developed by industry and registered with the
Australian Communications and Media Authority (ACMA).
 Online content is regulated via the BSA, and administered by the ACMA. If
ACMA receives a valid complaint about Australian-hosted online content, or
discovers potential prohibited content on its own initiative, ACMA may submit
the material to the Classification Board for classification.

16. Review of International Trends:
Australia
*all logos and designs are trademarked to the respective organisations

17. Review of International Trends:
New Zealand
 the Films, Videos, and Publications Classification Act 1993
(the Classification Act) establishes The Office of Film and Literature
Classification (the Classification Office)
 The Classification Office is an independent Crown entity that
replaced the Chief Censor of Films, the Indecent Publications
Tribunal and the Video Recordings Authority.
 Key services and areas of work include:
 production of classification decisions
 production of summary list of decisions
 dissemination of information
 managing and responding to inquiries and complaints
 production of research papers and findings

18. Review of International Trends:
New Zealand
Under New Zealand law it is
possible for a film to get an
unrestricted rating if it has been
given an unrestricted rating by
either the Office of Film and
Literature Classification (Australia)
or, if the Australian Board has not
reviewed it, the British Board of
Film Classification (UK), and it is
not likely to be restricted under
New Zealand censorship law.
If a film has received a restricted
rating (of at least 15+) in either
Australia or the UK it must be
classified by the OFLC
*all logos and designs are trademarked to the respective organisations

19. Trends in the Classification of new
media
 Globally, there are two major software/ games classification schemes:
 Entertainment Software Rating Board (ESRB) a self-regulatory organization that
assigns age and content ratings, enforces industry-adopted advertising guidelines, and
ensures responsible online privacy principles for computer and video games and other
entertainment software in Canada and the United States; and
 Pan European Game Information (PEGI) is a European video game content rating
system developed by the Interactive Software Federation of Europe (ISFE) which came into
use in 2003 and has since replaced many national age rating systems with a single European
system
 Despite this, there are jurisdictions which offer classification of games and
software within their markets harmonised to other classification
frameworks– independent of these . Examples include:
 Portugal
 Brazil

20. Trends in the Classification of new
media
*all logos and designs are trademarked to the respective organisations

21. Conclusion
 The presentation provides
 guidance on the possible shortcomings of the existing statutory
framework – the Cinematograph Act (1936)
 Identifies comparative frameworks within the Commonwealth
that:
 Demonstrates progressive movement in governance from an
industry-body to an independent statutory agency
 Demonstrates cross-recognition of motion picture classification
 Demonstrates developments in the classification of new media
products

22. Thank You
Kwesi PRESCOD
Prescod Associates & Co.
PO Box 3228
Petit Valley
TRINIDAD & TOBAGO
Website: www.prescodassociates.com
e-mail: kwesiprescod@prescodassociates.com
Tel: +1 868 633 2951
Mobile: +1 868 688 4380
Fax: +1 868 632 3606