Legal help needed - Starting new website in the UK

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  • TurboPants
    Registered User
    • Jun 2007
    • 3

    #1

    Legal help needed - Starting new website in the UK

    I live in the UK – England and I’ve just started working on making my first adult site.
    At the moment I’m struggling to work out all the legal implications with regards to starting up my site. I’ll be using ccbill.com and an sms payment service to receive membership payments. The content will be original and totally unique to the site in the form of videos and photos, a mix of hard and softcore.

    What I’m hoping is that some knowledgeable souls could enlighten me on any of my concerns below, I’d be very grateful if you can help me out.

    The first thing I need to decide on is whether to use a server based in the UK or in the USA, and if choosing either of the two will bring any advantages, disadvantages or make no difference at all.

    I need to know what the laws are regarding hardcore content being hosted and displayed on a server from within the UK. Is it completely illegal? Is it legal if it’s obtained via membership signup with a credit card? Would it be illegal to show hardcore previews in either the USA or UK?

    If I were to have an English based website, with content that was quite clearly made in England, yet I was running from a USA server, would I be able to bypass any laws within the UK? My site will be using both .com and .co.uk version of its address - if that’s of any significance.

    I will be using unique content and recording all footage myself. I know that I’ll need a model release form clearly stating that I will have ownership of any of the media recorded and ensuring that the model provides two forms of I.D proving their age and other credentials.

    I was just wondering if anyone might have an example release form or even better one that is actually used by someone? I’m also wondering if a form of this type would need authenticating by a solicitor?

    I know I’ll need to make a copy of the I.D provided by each model too, will I need to use any form of statement on my website stating I have a record of all models on file? I know about the 18 U.S.C. Section 2257 Compliance Notice, is this still relevant if my site is based on a UK Server?

    I think that’s all the concerns I have for now! If there are any important legal considerations I might have overlooked, I’d be grateful if you could make me aware of them.


    Thank-you for your time and help.
    Last edited by TurboPants; 06-21-2007, 10:31 AM.
  • porngirlsxrated
    Registered User
    • Jun 2007
    • 37

    #2
    In short if you live in the UK it is UK law that you must comply with, regardless of where your website is hosted

    As a UK citizen you are not required to comply to ?18 U.S.C. Section 2257 Compliance Notice? as this is a USA law, however if you use a third party payment processor for your site (e.g. CCBILL) they may insist that you do

    As for hosting USA is best as it is faster and cheaper

    I have a model release form you can have

    I can also point you in the direction of some UK Adult Webmaster boards that will be better at answering your UK Adult Webmaster questions

    I also can point you in the direction of what is legal in the UK

    Unfortunately I have just joined this board and it does not seem to have a PM system (or am I just not seeing it?) and I am not allowed to post web links until I have made more than 30 posts ?so if you can provide an email address or ICQ I will get the form and web links to all the other information to you

    Comment

    • TurboPants
      Registered User
      • Jun 2007
      • 3

      #3
      Hi, many thanks for your extremely helpful post.

      I would be grateful if you could provide me with the information you mentioned. You can send it to...

      amotechnologies @ gmail.com

      Thanks very much.

      Comment

      • porngirlsxrated
        Registered User
        • Jun 2007
        • 37

        #4
        Originally posted by TurboPants
        Hi, many thanks for your extremely helpful post.

        I would be grateful if you could provide me with the information you mentioned. You can send it to...

        amotechnologies @ gmail.com

        Thanks very much.
        Email sent, glad I could be of help

        Comment

        • TurboPants
          Registered User
          • Jun 2007
          • 3

          #5
          Thank-you for the speedy reply! You've been a great help!

          Comment

          • Goodings Media
            Confirmed User
            • Apr 2007
            • 1987

            #6
            Originally posted by porngirlsxrated
            In short if you live in the UK it is UK law that you must comply with, regardless of where your website is hosted

            As a UK citizen you are not required to comply to ?18 U.S.C. Section 2257 Compliance Notice? as this is a USA law, however if you use a third party payment processor for your site (e.g. CCBILL) they may insist that you do

            As for hosting USA is best as it is faster and cheaper

            I have a model release form you can have

            I can also point you in the direction of some UK Adult Webmaster boards that will be better at answering your UK Adult Webmaster questions

            I also can point you in the direction of what is legal in the UK

            Unfortunately I have just joined this board and it does not seem to have a PM system (or am I just not seeing it?) and I am not allowed to post web links until I have made more than 30 posts ?so if you can provide an email address or ICQ I will get the form and web links to all the other information to you
            sorry but this is completely wrong

            The laws that apply to a website depend on where it's server is based, this is defined as the location where the data is served from (The HDD)

            I own http://www.GoodingsMedia.com and host many adult websites for clients, my 2 primary servers are in the UK, and my clients have to comply with UK laws.

            If any client requests a dedicated server, as I can supply USA servers cheaper than UK I have to make clients aware that their site is THEN subject to USA laws.


            This can be observed across the net, in particular Torrent sites that are owned by USA citezens, but have thier servers located in European countries (Pirate Pay for example)

            Some sites even go as far as buying artificial islands off shore

            For any further help, feel free to hit me up (see my sig)
            ICQ: 446-568-913 Email: liam||goodingsmedia.com msn: [email protected]

            Comment

            • porngirlsxrated
              Registered User
              • Jun 2007
              • 37

              #7
              Originally posted by Goodings Media
              sorry but this is completely wrong

              The laws that apply to a website depend on where it's server is based, this is defined as the location where the data is served from (The HDD)
              In the UK we are governed by the Obscene Publications Act

              If I was to upload what UK law defines as obscene material (i.e. publish it) to a server in Holland, even if the material was legal in Holland I would be breaking UK law and as a UK citizen (or UK Company) I would be liable for prosecution

              In the UK the offence is committed when the material is upload (i.e. published) and not the location where the data is served from (The HDD)
              Last edited by porngirlsxrated; 06-21-2007, 02:37 PM.

              Comment

              • Goodings Media
                Confirmed User
                • Apr 2007
                • 1987

                #8
                Originally posted by porngirlsxrated
                In the UK we are governed by the Obscene Publications Act

                If I was to upload what UK law defines as obscene material (i.e. publish it) to a server in Holland, even if the material was legal in Holland I would be breaking UK law and as a UK citizen (or UK Company) I would be liable for prosecution

                In the UK the offence is committed when the material is upload (i.e. published) and not the location where the data is served from (The HDD)
                If a UK citezen uploads to a USA server, they DO NEED TO BE 2257 COMPLIANT!

                I'd be very careful about how you word advice, it's not fair to mislead webmasters and leaving them vulnerable to prosecution.
                Last edited by Goodings Media; 06-21-2007, 02:43 PM.
                ICQ: 446-568-913 Email: liam||goodingsmedia.com msn: [email protected]

                Comment

                • porngirlsxrated
                  Registered User
                  • Jun 2007
                  • 37

                  #9
                  Originally posted by Goodings Media
                  I'd be very careful about how you word advice, it's not fair to mislead webmasters and leaving them vulnerable to prosecution.
                  To be fair the advice you gave made no reference to the Obscene Publications Act and was therefore misleading ... so perhaps you should take your own advice

                  My advice is always seek professional legal advice and never act on legal advice you get from bulletin boards

                  My guess is neither of us are lawyers

                  Comment

                  • porngirlsxrated
                    Registered User
                    • Jun 2007
                    • 37

                    #10
                    Originally posted by Goodings Media
                    If a UK citezen uploads to a USA server, they DO NEED TO BE 2257 COMPLIANT!
                    PS
                    I do agree that a UK citizen would be advised to comply with 2257, as if they travelled to the USA they would have committed an offence under USA law and while in the USA they could be arrested for that offence
                    Last edited by porngirlsxrated; 06-21-2007, 03:17 PM.

                    Comment

                    • halfpint
                      GFY's Halfpint
                      • Jun 2007
                      • 15223

                      #11
                      More law questions

                      Hi would like to know if the 2257 laws apply to a website where the users post thier own amateur pictures and videos

                      Thanks

                      Get FREE website listings on Cryptocoinshops.net

                      Comment

                      • 5974
                        Registered User
                        • Jun 2007
                        • 1

                        #12
                        hi turbo, I'm in a similar position to yours, can you share the information you gained please? I am also struggling.

                        Comment

                        • gwkg
                          Confirmed User
                          • Dec 2006
                          • 179

                          #13
                          Originally posted by halfpint
                          Hi would like to know if the 2257 laws apply to a website where the users post thier own amateur pictures and videos

                          Thanks
                          Of course the owner of the web site would need age verification of the participants in the videos. Otherwise there would be a thousand sites with users anonymously uploading videos of kids having sex.

                          Comment

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