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There is no express provision in the Cinematograph Act of 1909 for any appeal against the Licensing Authorities' decision ; but under the general law appropriate means of recourse to the Courts are available and there are a number of decision of the Courts practically recognizing the right of appeal.
No film — other than the photographic record of current events — which has not been passed for universal exhibition (Certificate U) by the Board may be exhibited in public premises in the presence of any child under the age of 16 years. This rule is not, however, applied in practice when the child is accompanied by its father or mother or by some adult person ostensibly responsible for its presence.
It is thus seen that the English censorship regulations are not based on any complete or definite system. They are based on custom and tradition, and settle points at issue in accordance with local rather than with national criteria.
Given, however, the authority attaching to the British Board of Film Censors, and the practically official value of its decisions, it is desirable that we should look carefully into the system upon which it regulates its censorship, with particular attention to the findings of the Board during 1928.
Functioning of the Board. — 1947 subjects were submitted to the consideration of the Board during 1928, representing a total length of about 2,034,863 metres (6,676,178 feet). 1578 of these were deemed suitable for universal exhibition and 330 for Public Exhibition under the restrictive « A » Certificate, while 8 films were entirely rejected. In addition to the rejected films, there were 31 films to which the Examinors took exception and which they returned to the publishers in order that certain emendations and cuts might be made in them. In respect of the latter it should be noted that the Board did not take exception merely to the captions or to some easily emendable or excisable scene, but to the themes upon which the films were based, so that it is difficult to see how they could be suitably emended.
305 of the films which were passed for universal exhibition were ordered to be emended and revised before the certificates were granted.
Thus, we see that out of 1947 films :
8 were totally rejected ;
31 were sent back to the publishers for revision ;
305 were granted certificates upon the condition of certain emendations being made ;
1603 were considered suitable for exhibition.
General principles by which the decisions of the Board are actuated. — The Board considers that it is impracticable to lay down definite rules and
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