The advent of digital projection facilities has greatly increased the ability of cinemas to show content other than traditional cinema films. This alternative content includes stage or sporting events shown either live, or ‘as live’. ‘As live’ exhibitions can involve a delay of a few minutes, hours, days or even months but are characterised by being unedited images of an event that took place before a live audience. Where the gap between performance and exhibition allows, it is common for the content to be submitted to the British Board of Film Classification (BBFC) for classification.

Live transmissions sit outside the scope of the Licensing Act 2003 but any delayed exhibition (or ‘as live’ exhibition) of moving pictures of a live event is caught, even if the delay is only a few minutes. This obviously creates a problem when the delay is too short to allow classification by the BBFC. Under current circumstances, it is impossible for cinemas to fully pursue this new business model and remain within the law.

To meet this challenge, the Cinema Exhibitors’ Association, Local Government Regulation and the BBFC, with support from Government, have adopted a model for labelling such content which is based on a judgement that the public will accept a slightly lighter touch regulatory regime in relation to ‘as live’ transmissions of live events which have taken place within the past 7 days (‘within 7 days’ being defined as an exhibition which begins before midnight on the seventh day following the start of the live event).

The model for such content will:

a) provide an acceptable level of protection for children
b) allow ‘as live’ performances to be shown legally

and is low-cost.

The model is also based on existing legislation. Section 20 (2) of the Licensing Act provides that “admission of children must be restricted in accordance with any recommendation” made by the BBFC. For ‘as live’ exhibitions taking place within 7 days of the live event, the BBFC will use the s.20(2) discretion to issue a recommendation without viewing the work, on the basis of information supplied by the distributor.

Please note that the As Live scheme applies to cinemas in England and Wales, and on a voluntary basis to cinemas in Scotland.