Select Committee on Crossrail Bill Minutes of Evidence


Examination of Witnesses (Questions 4960 - 4979)

  4960. Could I ask you next to explain the process, and the conditions required in order to examine films in particular.
  (Mr Johnson) It is important that we experience what the audience is going to experience. It is important that we can appreciate the details of sound and vision the audience is going to appreciate and that we appreciate those in the context in which the audience is going to appreciate them. The impact that a film has on the audience and therefore on the appropriate classification is not just about isolated details, it is also about the tone and the atmosphere that a film develops over time. For instance, with a scary film it is quite often difficult to pinpoint an image or a sound that made it scary; it is often an accumulation of tone and atmosphere through the film, so it is very important that we are able to engage in the film, as examiners, in the same way that the audience becomes transfixed in the cinema, staring at the screen in a darkened environment, without interruption, without distraction, and most certainly without noise which masks what is occurring on screen. Anything which detracts from our ability to hear and to appreciate the atmosphere that is being generated by the filmmaker in a raft of subtle ways is going to detract from our ability to gauge accurately the impact that the film is going to have on an audience, and in particular on a child audience, which is often spooked by very, very subtle differences in a film. We have to judge that and, in order to be able to judge that, we need to experience it in certain conditions.

  4961. You mentioned language. Could you take up the exhibits, the guidelines. As an example, I take page 17, 12A.[6] We can see under each of these categories that there are various criteria, one of which is language. How important is it that you hear individual words used?

  (Mr Johnson) Language is absolutely vital. I think you mentioned in your opening remarks that the public regard it as one of the most important determinants of the classification. I think 86 per cent regarded it as very or quite important in determining a classification of a work. It is important down to the individual word. It is not uncommon at all for a single word to affect the classification of a work. For instance, last year one of the most successful films in this country was the animation Madagascar, which was clearly aimed at young children and family audiences. In the original version submitted to us there was a character—and I will have to be careful how I phrase this—who had a dialogue line which included the use of a truncated swear word. You did not hear the whole thing, but it was very important for us that we could ascertain exactly how much of that swear word was audible to an audience, because if a lot of it was audible that would have placed Madagascar at 15 or above, which would have completely denied its natural audience and would have completely ruined its commercial prospects in the UK and prevented a lot of children from having a lot of fun watching it. Because we have good listening conditions at the moment, we were able to be confident that the public would only hear enough to know that a joke was being made, without hearing enough to be offended, so we offered the company a PG on that basis. We said to them, "If you want to remove that whole joke about that language, then you can have a U, because we think that will be appropriate for everybody in that case," and the company took the decision to remove even the truncated language in order to achieve the U and Madagascar went on to make £22 million in UK cinemas. Certainly achieving a U was a key part of the company's strategy in distributing the film, and our hearing, of not even a word but part of a word, was key to deciding the category of the film in the end. In Robot, another children's film released last year, comic wordplay based on a particular character using a particular accent made a word which would normally be innocent, sound to some ears as if it was very far from innocent. It sounded like possibly the strongest swear word we can think of in the English language.

  4962. Mr Elvin: A question springs to mind!
  (Mr Johnson) Yes. I think I can tell you without causing offence that the innocent use of the word was "count", as in an aristocratic title. We had to listen to that a number of times. Indeed, it was appealed and it went as far as the director, whose ears were called into play, so that we could be absolutely confident that the audience were not going to hear this as other than "count", because that would have caused a great deal of offence, especially as the accent itself was being employed for comic effect, so some people may have thought that bad language was being used for comic effect. We had to satisfy ourselves that we were not going to cause widespread offence to family audiences in the UK through that piece of language. This is a common occurrence. In the first few weeks of 2006, a trailer was submitted to us for Kidulthood, a tale of London school children getting up to mischief and getting their comeuppance which has achieved some interest. We have a policy on trailers that we only allow one use of strong language at 15. Our reason is that research into public attitudes has revealed some tolerance for occasional strong language, bad language at 15, but an objection to wall-to-wall bad language, especially when it comes unbidden in a trailer at the start of a film—because obviously you choose to go to see the feature, and what you get before the feature you have not chosen to view. For many years, we have operated a fairly simple view, which is that, if you want a 15 for your trailer, you cannot have more than one use of strong language. This film had a dialogue track which was quite muffled, it was very pacily edited, so you had snippets here and there. We were confident that there was one use of strong language in the trailer and there was another possible use, but the version they submitted to us was technically a bit of a rough copy, so we had to ask the company to submit a cleaner copy of distribution quality so that we could be clear whether the second use did exist or not. We concluded, once we had that clean copy, that it did not exist, and that enabled the Kidulthood to be trailed to the audience for whom the film was aimed, 15-year olds. Otherwise, it would have been an 18, which would mean it could not have been advertised to its target audience. So single words in works have an enormous impact on our classification and in consequently on the possible success of the distributors' work.

  4963. Mr Pugh: At what volume do you listen to these films? Whenever I go to the cinema and they have Dolby sound systems, Armageddon could be taking place outside and I would not hear a word. Do you simulate that sort of experience, or do you deliberately turn the volume down? What is different from the cinema-goers' experience?
  (Mr Johnson) We mimic the cinema-goers' experience.

  4964. It is very loud.
  (Mr Johnson) It depends on the film whether it is very loud or not. Some films use silence very carefully. Most films use a combination of very loud sound effect in some parts and very quiet moments in other parts for contrast. Yes, if you go to see the film Armageddon, there is a lot of noise going on there and we do listen to that loud. The impact of that noise on the audience is going to be a key determinant of whether it is going to scare the life out of very young children, so we have to have it loud enough in order to hear that. But an awful lot of films are not all crash, bang, wallop; an awful lot of moments rely on quiet moments, rely on dialogue, rely on snatched pieces of overlapping dialogue in which being able to hear in quiet conditions is very important indeed.

  4965. Even with the volume set at very loud, there would be times during the course of the film where ambient noise outside would override it.
  (Mr Johnson) Absolutely.

  4966. Mr Cameron: Mr Johnson, you have mentioned during the course of your last answer the research conducted at BBFC. Could I ask you to turn to your exhibit 2, which, if you have it in the same bundle as I do, is in divider 1—just to keep us on our toes![7] There is a table at the top of page 10: "Percentages attaching degrees of importance to 9 issues in ratings films". Could you explain where you get your 86 per cent from.

  (Mr Johnson) Yes, it comes from 49 per cent regarded swearing and strong language as very important an issue in rating films, and 37 per cent regarded it as quite important. If you add those numbers together, you get 86 per cent. Only 12 per cent thought it was not very important, interestingly.

  4967. You think it is important, the public think it is important. You have explained how you go about the exercise. What effect would or does intermittent noise have on the process of film classification?
  (Mr Johnson) It potentially has a number of effects. Firstly, if you are working with video, intermittent noise would cause you to have to stop and rewind the tape. If you are dealing with film, obviously you cannot do that, so you would have to go back and play the whole reel again at the end, which with the symptom of intermittent noise would be very time consuming and would result in delays which would have a serious impact on our clients—we do call them clients, by the way—who are working to extremely tight deadlines. I have mentioned before that you can have work submitted on a Wednesday that is going to be on screen in cinemas on Friday, so even very small delays can have a serious impact, especially if cuts are required. You cannot fit delays into the process without causing problems for our clients. At worse, intermittent noise could cause us to miss the word entirely, and we would not know that we had missed it and we would classify the work with language which would make it inappropriate for the target audience, causing widespread offence in the UK and undermining the board as a trusted guide to the moving image, which is what we claim to be. It is also important, as I think I touched on earlier, that examiners can assess the tone of the work. The atmosphere that a work generates is really important. An example is something like The Others which works by building up atmosphere. All you have is a woman and children wandering around a house, but it has an effect which is very scary and unsettling. That sense of foreboding and fear and anxiety is created incrementally throughout the film. You have to be drawn into the film in order to appreciate the effect that is going to have on the public. If you view it in a very detached way, stopping and starting, you will not get that sense of foreboding. We know, for instance, from research we have done subsequently, that a film like The Others was particularly scary to children: they were not worried about monsters and things; it was the unknown, the creepy atmosphere which got to them. If we are stopping and starting and getting interrupted, we will not appreciate that. We will see a pale woman wandering around the house in the dark and you could pass that PG and result in an awful lot of scared children.

  4968. Mr Binley: Mr Cameron, the Committee is well aware and most grateful for the work that the board does. We genuinely are most appreciative but we would like now to move on to that matter which is at the heart of your particular concern, what you would like the Promoter to do.

  4969. Mr Cameron: Thank you, sir, for that guidance. Can we move to your premises at 3 Soho Square. I outlined in a very broad manner the noise effects that the Promoter acknowledges that Crossrail will have during construction and then during operation. First of all, can we move to the issue which is at the heart of the dispute and that is how to mitigate against the effects of groundborne noise. Can we deal with the period of construction first and then the period of construction. The Promoter now is offering insulation against airborne noise during construction and demolition and, as I understand it, that would meet your concerns. Is that right?
  (Mr Johnson) It would meet our concerns about airborne noise, yes, that is correct.

  4970. The Promoter has suggested that tier 3 mitigation measures be adopted for dust and, as I understand it, that would meet your concerns about dust during construction. Is that right?
  (Mr Johnson) That is correct.

  4971. So we move to groundborne noise during the construction period and there appear to be two options available: one, to relocate your activities during construction; and, two, install an isolated chamber in the basement of the film review theatre to avoid the effects of groundborne noise. What is your view on those two suggestions?
  (Mr Johnson) Well, the view on relocation is that it is not clear at all that the suggested isolation of the escalator, which is, as I understand it, a completely novel and untested suggestion to isolate an escalator in the manner suggested, and this is outside my area of expertise—

  4972. I think that the difficulties arising from the operation of the escalator arise during the operation of Crossrail. By all means, deal with all together, but what I was going to ask you was about the construction period and then the period of operation. Are you happy to deal with it in those two parts?
  (Mr Johnson) Yes, that is fine. In terms of relocation during construction of the viewing theatre, the acceptability of that to the Board would depend on exactly what relocation would involve. As we have set out, there are security issues involved in our operation and many of our clients are very sensitive about their prints, which, pre-release, are worth millions and millions of pounds to pirates being handled in premises which are not under the sole control of BBFC. We have accreditation by the fact that there are copyright theft procedures at 3 Soho Square and many of our clients do not allow us to screen their works at other premises, so a relocation of the viewing theatre during construction would need to be to a theatre which was under the sole control of the BBFC and which was in the local area because we have already explained how important it is for our operation to be within that business cluster of the film and video industry of the UK and that is a very important point. It would also need to be of sufficient size and scale to be fit for our purpose. It would need to be able to house the specialist equipment that we use to check details of sound and vision under a cold lamp because that does allow you to run backwards and forwards. It would need to be able to house a film bench with film counting facilities because we provide a detailed measurement of each film as part of the control of ensuring that the film released is the same one that is classified. It would also need to have secure storage facilities for at least 72 reels of film and, as you know, those are quite large. All that would need to be located very close to our existing premises so that we could have the staff going backwards and forwards between the two. That is our position on the temporary relocation.

  4973. The isolated film cinema in the basement, as I understand, is put forward as a solution to construction noise and operational noise, so we will deal with that next and then we will move on to isolating the escalator. If it was possible, and subject to any advice which you receive on noise, to construct some chamber within the basement film theatre to isolate it in order to avoid the adverse effects of both construction noise and of operational noise, would that be acceptable to BBFC?
  (Mr Johnson) Well, my understanding, and events have been moving very quickly over the last 24 and 48 hours, is that that would not in any case deal with groundborne noise on the ground floor and above, so it would leave those issues outstanding. However, for the viewing theatre, the concern, and we have only had this proposal really in the last few hours, is that it would not actually be possible to provide sufficient insulation in the viewing theatre without reducing the size of that space to a degree which would require a substantial, significant reduction of the screen size which would then have a serious impact on our ability to make a reasonable judgment as to the impact of the image on audiences, especially child audiences, when it is out in the average multiplexes. Our screen is currently, we think, just about large enough in order for us to make a reasonable, professional judgment as to the impact it would have on a child when faced with a larger image in the average multiplex. We are very, very concerned that reducing the size of that screen at all would lead to very great difficulties in us being able to judge the impact of the experience on especially child viewers, but also adolescents as well. Just by way of example, there was a Disney computer-animated film called Dinosaurs a short while ago in which one of the key issues in moving that to `PG' rather than the `U', which a Disney film would normally get, was the sheer scale of the dinosaurs on the big screen, looming over the audience in low-angle shots, and you do not get a sense of that from a small screen, so you need to have sufficient scale in order to be able to make a judgment as to how the four-year-old or three-year-old sitting in front of that cinema screen is going to feel when this great big image looms up over them. You just do not get that on the small screen and that is really important.

  4974. On that point, if it was suggested to you that the reduction in room size would be 200mm along each of the room surfaces, and in particular the walls, though I do not know about the ceiling, but certainly the walls and probably the ceiling and floor, would a reduction of that order have an adverse effect on your ability to examine the films?
  (Mr Johnson) My understanding is that yes, it would. The screen occupies the maximum space that it can within the existing parameters of the room, so any reduction within the size of the room would result in a reduction in the size of the screen. That is my understanding at present.

  4975. If it was a reduction of that extent, 200mm in each direction, so to speak, would that prevent or inhibit you from carrying on your examining activities?
  (Mr Johnson) Yes, I believe it would. I think 200mm all round would be a very significant reduction.

  4976. And if that is the case and if the isolation would involve a reduction of that extent, would that be acceptable to the BBFC and could you continue your activities?
  (Mr Johnson) No, it would not be acceptable to BBFC. We would not be confident of being able to make reasonable, professional judgments on the impact of the viewing experience, especially on young children. We would be concerned that we would be guessing too much about what that impact would be with possible significant results on children post-viewing.

  4977. Turning to the other issue which I said I would ask you about, the escalator, what is offered there is that the Promoter will ensure that the nominated undertaker, ie, the contractor who is going to do the works, installs some sort of isolation mechanism to ensure that the escalator does not have the predicted adverse effects. Would that solution be acceptable?
  (Mr Johnson) I think the difficulty we have with that proposal is that nobody knows whether such a solution would actually work. As I understand it, it has never been done before. Now, obviously if the escalator did not make any noise or significant noise which affected our viewing, then that would deal with our concerns. Our problem at this stage in accepting that undertaking is what happens if it does not work? Are we supposed to just stop classifying films in the UK for a few months while we find somewhere else? If it was accompanied with an undertaking not to bring it into use until the sound levels in our viewing theatre were at the appropriate level, then that would be acceptable to us, or if an undertaking was given to move us if it did not meet those agreed criteria, that would be acceptable to us, but we are concerned that a novel and untested design solution will not necessarily achieve what it sets out to achieve.

  4978. What is it that the BBFC says is the appropriate solution to these acknowledged problems?
  (Mr Johnson) On the basis of the information currently available, there is rather a lot of uncertainty and a lot of concern over the operation of the escalators once in service. That is the long-term problem. We believe that the answer must be relocation because even if the temporary construction problem was sorted out, that long-term problem of the escalators would remain. We believe that relocation is the appropriate solution because it would also solve at a stroke the problems that arise from the conflict between our operation and Crossrail's works during the construction work, so we think it is a simple and total solution to both the problems that will arise on Crossrail's own case from the construction and demolition work and also from the operation of the railway and, in particular, from the operation of the escalators.

  4979. On that issue, can I ask you to turn to your exhibit 3, which is in divider 2, I think. It is minutes of a meeting held on 1 December 2005 and that is the Finance Committee of the British Board of Film Classification, and then there is a minute from the Council of Management of 8 December 2005.[8] Can you just explain what these minutes are and what the Board's position is on accommodation?

  (Mr Johnson) The Council of Management is the part of the management of the Board which is concerned with business affairs, so obviously they deal with things like accommodation conditions and finances. The first minute is from a Finance Committee meeting, which is a sub-committee of the Council of Management, which was looking at accommodation issues. There are a number of issues which have arisen recently not least because, as was mentioned earlier, we have had a vast increase in our workload over recent years and we have engaged in works to adapt the building to accommodate that, and there is also the question of the digitisation project. Now, this project, firstly, it is not certain that it will go ahead at all yet, although we are out to tender and we expect to go ahead, but even if it goes ahead, we have not yet reached a decision on whether it should be done in-house or contracted out. Now, if it goes ahead and if it is done in-house, then we will need to house it somewhere and the discussion of the Finance Committee looked at whether we might need additional sites in order to do that, and that if that was looking like the solution, then it might be preferable to relocate the Board rather than operate from three sites. However, that is simply a discussion of options and no decision has been made. As you can see from the minutes, all that has been recommended is that a strategic committee be set up to look into the matter and to look into the options available to the Board. In the next minute, which is from the subsequent full Council of Management meeting, you can see in the final sentence that it was noted that accommodation continued to be pressing and it was agreed that a working group be set up to look at the possibility of relocation. For us, it is merely a possibility at present. We do not know whether accommodation issues from the workload will continue to press. In particular, the curve of DVD submissions has been a quite steeply rising curve in the last few years, but that rising curve has been caused because of a new format coming into being and a format which the industry fears will not have that long a shelf-life. The major players, the major Hollywood companies who provide most of our submissions, have been mining their back catalogues aggressively, so they have been going through all the works they own going back decades and decades and decades, pulling out all the ones that they think they can make money on in DVD, submitting them to us for classification so that they have got those there and out while DVD is still a runner, with the fear that it may be overtaken by video-on-demand in the future. We have had this great upswell of work over the past few years, but some of those companies now tell us that they have now finished mining their back catalogues and their future submissions are going to be lower. Others are at a slightly different stage. We think that we are probably near the peak, so we expect at some point in the not too distant future for that curve to start on a downward trajectory, so it may be that the pressures from workload which are causing us to consider accommodation may ease off actually quite quickly in the near future and we are looking carefully at that. As I said, the digitisation project may or may not go ahead and may or may not be done in-house, so the pressures on accommodation arising from that may also not come to pass. We are only looking at our options at the moment and we have not made any decisions at all.


6   Committee Ref: A58, British Board of Film Classification Guidelines (WESTCC-14805-008). Back

7   Committee Ref: A58, British Board of Film Classification Guidelines (WESTCC-14805-018). Back

8   Committee Ref: A58, British Board of Film Classification Minutes of Finance Committee Meeting, 1 December 2005 (WESTCC-14805-022), and Minutes of Council of Management Meeting, 8 December 2005 (WESTCC-14805-023). Back


 
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