Quote:
Originally Posted by GatorB
I remember all these Euros saying that US laws like 2257 didn't apply to them. In fact being quite nasty about it. WTF do they have to say about this?
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Old story, but nothing has changed. Each country have their own laws and the Obscene Publications Act is the relevant law in the UK. US laws like USC 2257 do not apply in the UK.
Any OPA allegation still has a "capture all" precedent for any person resident in the UK and involved in "illegal activities" under the Act - eg the fact that they conduct a business where an element of that business may involve uploading material deemed to be obscene to an internet server (irrespective where that server is located).
The reality of Wadden's case was that he was a wanker and along with his CP partner (who subsequently served 2 years for CP) they pushed the boat out beyond a level of acceptability. In effect, they just reversed many years of legal progress in the adult biz and gave good reason for further oversight.
However, that was almost 10 years ago and there has been little success in prosecutions under the OPA in that time - juries have had rational views on porn and it's not easy getting a conviction. There are areas which will be prosecuted and these are clearly laid out in guidelines from the Director of Publication Prosecutions (basically extreme violence, CP et al), but the DDP does not appear to waste time on borderline cases.
This case has little to do with USC 2257 and there are no "record keeping" laws - other than obvious basic model released and ID stuff which is standard, not only in the UK, but internationally with print media editors.
The old basic rule still applies - "Comply with the laws of the country in which you reside" - all others are irrelevant. Generally, UK laws re "adult" are still far more "acceptable" to the adult industry than those in the US - for many reasons. But... it's still possible to get "caught out" in both countries if there is a motivation.