Fears of streaming platform animal abuse ‘loophole’ as Disney Plus airs controversial rat scene

Fears have been raised of an animal abuse “loophole” for streaming platforms as Disney Plus airs an uncut version of a 1989 film which includes mistreatment of a rat.

The film – The Abyss – was recently added in 4K to Disney’s streaming service.

It includes a controversial scene where a real rat is forcibly submerged in fluorocarbon liquid – aimed to demonstrate that the rodent could breathe in the liquid.

The film was cut by the British Board of Film Classification (BBFC) on animal cruelty grounds in 1989.

Welfare

In the 1980s, when the film was due to be screened in UK cinemas, the BBFC took advice from the RSPCA about the animal welfare implications of the scene.

At the time, the charity was unequivocal that “the forcible immersion of the rat … caused terror”.

The scene was then cut by the BBFC under the Cinematograph Films (Animals) Act 1937 – meaning it must be cut for any theatrical use.

The regulator of content released on physical media also cut the scene under the Video Recordings Act 1984, meaning it must not be included on formats such as Blu-Ray and DVD.

UK television channels must also adhere to the Ofcom Broadcasting Code – which states no material refused classification by the BBFC may be broadcast to viewers – meaning the scene should also not be aired on traditional TV.

Abuse

But streaming platforms are not bound by the same standards as film releases in cinema, DVD or on traditional television.

The RSPCA has raised fears that this provides a “loophole” to broadcasting animal abuse considered unacceptable on other mediums.

David Bowles, the RSPCA’s Head of Public Affairs, said: “The RSPCA is really concerned that a loophole currently exists allowing animal abuse scenes deemed unacceptable elsewhere to be streamed freely and legally into our homes.

“The Abyss’ controversial rat scene has long concerned the RSPCA, and has always been deemed unacceptable by BBFC – so it’s hard to fathom out why Disney Plus has decided to broadcast it.

“We need to ensure people are not being exposed to content which promotes or showcases cruelty to animals.

“As the way millions of households consume entertainment changes, it’s vital the legal framework is responsive to that and continues to consistently protect people and animals.”

Consistency

A new piece of legislation – the Media Act – enhances Ofcom’s regulation of streaming services, and the regulator is due to publish a new video-on-demand code.

The Act recently marked one year since coming into effect, with the VOD code to be finalised later this year.

The RSPCA says it hopes this code delivers a “degree of consistency” with animal abuse content standards across cinema, home entertainment and streaming services.

Many streaming services already work with the BBFC on a voluntary basis.

Mr Bowles added: “We hope a new code of conduct under the Media Act will help close this loophole – but we need to see a degree of consistency between streaming platforms and other forms of more traditional entertainment, so people can have confidence when watching films and other shows.

“It doesn’t make sense that we have robust safeguards for animal-related content shown in cinemas, on DVDs or on traditional television channels – yet those protections could go out the window when you turn on a major streaming service. We can’t backtrack now on what society deems is acceptable in terms of how we treat animals.”

Ratings

A British Board of Film Classification spokesperson said: “Through our trusted age ratings and content advice, the BBFC works to empower audiences to make informed viewing decisions.

“All our age ratings are informed by our published Classification Guidelines, which are based on wide-scale public consultation. We also take into account UK legislation, and we will not classify any material that is in breach of the criminal law.

“The Abyss was originally submitted to the BBFC in 1989, containing a scene in which a character submerges a live rat in liquid. We sought expert legal and veterinary advice – from the RSPCA – at the time which confirmed the scene constituted the cruel infliction of terror on an animal, and its exhibition would contravene the Cinematograph Films (Animals) Act 1937.

“As a result, the scene was edited from the film in order to be legally exhibited in the UK. The scene remains cut from all BBFC-classified versions for cinema and home entertainment release.”