I don't know that has to be incontrovertible evidence as I remember Mark Kermode writing in his fantastic book It's Only a Movie that one film, I can't remember off the top of my head which one, had a scene with a dying bird. The BBFC wanted to cut that seen out but the director said that it wasn't a real bird. The BBFC didn't buy this and said that it was obviously real as you can see its wings flapping. At this, the director countered that the bird was dead and that the wings were being moved by fishing wire.
As there was no evidence to disprove the director's statement, the scene was left in.
This is how I understood the chain of events so I think it is up to the BBFC to prove that the scene involved animal cruelty if someone, acting on behalf of the film, claims otherwise. If I'm wrong, please let me know.
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