U.K. High Court Blocks Adult Video Sales Over Web - GoFuckYourself.com

RuthB · 05-23-2005, 10:54 AM

LONDON ? In a stunning legal decision, the United Kingdom?s highest court has ruled that explicit adult videos cannot be sold over the Internet.
Further, high court justices said Monday that the videos cannot be sold through mail order or by phone. The court said the aim of the law was to stop the material from falling into the hands of children.

The court ruled that all ?R18? films and videos must be sold in person in licensed sex shops. The R18 certificate represents a grade given by the British Board of Film Classification on its explicit nature.

"We have no doubt that one of the main reasons for the restriction is to ensure that the customer comes face-to-face with the supplier so that there is an opportunity for the supplier to assess the age of the customer,? Lord Justice Kay said in the ruling. "It is a disincentive to a visibly underage customer to seek out the forbidden material."

The ruling, however, may become a goldmine for websites and mail-order houses located elsewhere because the decision targets those companies located in the U.K.

"Whilst they do no make it impossible for a determined minor to come into possession of an R18 video, they make it more difficult," Kay said.

In the decision, the court axed two appeals by licensed sex businesses fined after prosecutions by Liverpool City Council's trading standards department.

Interfact Ltd. were found guilty at Liverpool Magistrates' Court in last year for offering R18 classified videos on their website.

At the hearing which led to Monday?s ruling, Interfact?s David Pannick said it made "no sense" to allow sales to adults who were physically present, but prohibit mail order.

"Indeed, the only purpose which such an interpretation of the law would serve would be to damage the local economy in favour of the economy in France or the Netherlands," Pannick said.

Pannick had claimed prohibiting mail order would breach free speech rights, but the court said otherwise.

http://www.xbiz.com/news_piece.php?id=8844

Damn, censorship is getting to be everywhere!

Fletch XXX · 05-23-2005, 10:55 AM

nineteeneightyfour

detoxed · 05-23-2005, 10:56 AM

Just setup a company on the borders and send it in

Libertine · 05-23-2005, 10:57 AM

Ouch. Fucked up decision that's gonna affect quite a few people.

Honez · 05-23-2005, 11:05 AM

Quote:

Originally Posted by punkworld

Ouch. Fucked up decision that's gonna affect quite a few people.

I agree

Sarah_Jayne · 05-23-2005, 11:06 AM

Quote:

Originally Posted by detoxed

Just setup a company on the borders and send it in

um..what borders would that be?

Cains · 05-23-2005, 12:27 PM

Yes, its been illegal for sometime to distribute hardcore within the UK. The normal way round it is to use a .co.uk domain and host abroad

Pretty sad state of affairs since the EU laws protect adult content under freedom of expression and art, still the UK provides a very lucrative market for content providers due to the strength of the pound

NaughtyRob · 05-23-2005, 12:29 PM

Interesting stuff.

Apache_A · 05-23-2005, 12:32 PM

Quote:

Originally Posted by sarah_webinc

um..what borders would that be?

too many times I scroll down to the quick reply box to find that you've already written what I was going to say.

This is kinda sensible, but could also have serious reprocusions for UK adult webmasters, if they decided that you can't verify age of the internet then UK based paysite would also be a no no.

Tipsy · 05-23-2005, 12:33 PM

Quote:

Originally Posted by Cains

Yes, its been illegal for sometime to distribute hardcore within the UK. The normal way round it is to use a .co.uk domain and host abroad

Pretty sad state of affairs since the EU laws protect adult content under freedom of expression and art, still the UK provides a very lucrative market for content providers due to the strength of the pound

If you do a little research you'll see it affects nothing as Cains stated. The law has always prohibited selling hardcore outside of a licenced shop which includes not selling by mail order.

If I remember correctly an affiliate was taken to court not that long ago for promoting a sponsor that sold hardcore via mail order. It's far from being a 'stunning legal decision'.

Apache_A · 05-23-2005, 12:35 PM

I also asume this stems from the UK courts in ability to write the law sometimes, the new laws past on the disribution of R18 videos simply included the clause 'can't be sold via mail order'.. but does that include sale of the internet? evidently it does now, but wasn't clear in the orginal laws.

Tipsy · 05-23-2005, 12:38 PM

Quote:

Originally Posted by Apache_A

I also asume this stems from the UK courts in ability to write the law sometimes, the new laws past on the disribution of R18 videos simply included the clause 'can't be sold via mail order'.. but does that include sale of the internet? evidently it does now, but wasn't clear in the orginal laws.

To be fair any court would conclude that it's the same thing. The goods have to be shipped which is the essence of mail order so it's no surprise. Anyone with any sense knew they were taking a risk if running this kind of business.

BTW - for what it's worth I don't agree with the law as it doesn't stop the sales - just means people buy direct from places like Holland instead. However, the decision really isn't the big thing the article makes it out to be.

Sarah_Jayne · 05-23-2005, 12:38 PM

it is physical goods..i don't see it changing much for website based delivery. I agree that it would be stunning if it was a ruling that shut down websites but it really is just enforcing the rules about retail that already stand. Though people that think they can just ship hardcore into the UK might want to read up a bit.

Tipsy · 05-23-2005, 12:42 PM

Quote:

Originally Posted by sarah_webinc

Though people that think they can just ship hardcore into the UK might want to read up a bit.

Yep - although it wont stop them and the reality is most hardcore gets through with no problems for either the shipper or customer despite the illegality. The reality is simply that the money made goes to companies outside of the UK and the porn still gets delivered.

Sarah_Jayne · 05-23-2005, 12:42 PM

Quote:

Originally Posted by Apache_A

too many times I scroll down to the quick reply box to find that you've already written what I was going to say.

I had visions of off shore porn boats.

Apache_A · 05-23-2005, 12:42 PM

Quote:

Originally Posted by sarah_webinc

it is physical goods..i don't see it changing much for website based delivery. I agree that it would be stunning if it was a ruling that shut down websites but it really is just enforcing the rules about retail that already stand. Though people that think they can just ship hardcore into the UK might want to read up a bit.

I don't see the rulling it's self changing anything, but it is a presidence that that the courts belive that you can't tell somones age via the internet.

If they where to ever try and legislate porn on the internet then this case could possibly play an increadably important factor.

Tipsy · 05-23-2005, 12:48 PM

Forget this post - twaddle

Dirty Dane · 05-23-2005, 03:38 PM

Quite ironic considering every kid can use their daddys satelite TV for free.

reynold · 05-23-2005, 09:14 PM

Can't expect for anything worse!

Pretty_Lara · 05-23-2005, 11:36 PM

Delaware forever ! ! ! Nevada ! ! !

05-23-2005, 10:54 AM	#1
RuthB Let's Get Paxumized! Industry Role: Join Date: May 2005 Location: Vancouver, Canada Posts: 7,247	U.K. High Court Blocks Adult Video Sales Over Web LONDON ? In a stunning legal decision, the United Kingdom?s highest court has ruled that explicit adult videos cannot be sold over the Internet. Further, high court justices said Monday that the videos cannot be sold through mail order or by phone. The court said the aim of the law was to stop the material from falling into the hands of children. The court ruled that all ?R18? films and videos must be sold in person in licensed sex shops. The R18 certificate represents a grade given by the British Board of Film Classification on its explicit nature. "We have no doubt that one of the main reasons for the restriction is to ensure that the customer comes face-to-face with the supplier so that there is an opportunity for the supplier to assess the age of the customer,? Lord Justice Kay said in the ruling. "It is a disincentive to a visibly underage customer to seek out the forbidden material." The ruling, however, may become a goldmine for websites and mail-order houses located elsewhere because the decision targets those companies located in the U.K. "Whilst they do no make it impossible for a determined minor to come into possession of an R18 video, they make it more difficult," Kay said. In the decision, the court axed two appeals by licensed sex businesses fined after prosecutions by Liverpool City Council's trading standards department. Interfact Ltd. were found guilty at Liverpool Magistrates' Court in last year for offering R18 classified videos on their website. At the hearing which led to Monday?s ruling, Interfact?s David Pannick said it made "no sense" to allow sales to adults who were physically present, but prohibit mail order. "Indeed, the only purpose which such an interpretation of the law would serve would be to damage the local economy in favour of the economy in France or the Netherlands," Pannick said. Pannick had claimed prohibiting mail order would breach free speech rights, but the court said otherwise. http://www.xbiz.com/news_piece.php?id=8844 Damn, censorship is getting to be everywhere! __________________ Send & Receive Mass Global Payments - Mass P2P/Wire/EFT/SEPA - Adult Industry Friendly - Award Winning Payment Service - Fast, Reliable & Secure! Paxum ...... Paxum Bank Email: [email protected] ~ Telegram: PaxumRuth

05-23-2005, 10:55 AM	#2
Fletch XXX GFY HALL OF FAME DAMMIT!!! Join Date: Jan 2002 Location: that 504 Posts: 60,840	nineteeneightyfour __________________ Want an Android App for your tube, membership, or free site? Need banners or promo material? Hit us up (ICQ Fletch: 148841377) or email me fletchxxx at gmail.com - recent work - About me

05-23-2005, 10:57 AM	#4
Libertine sex dwarf Join Date: May 2002 Posts: 17,860	Ouch. Fucked up decision that's gonna affect quite a few people. __________________ /(bb\|[^b]{2})/

05-23-2005, 12:29 PM	#8
NaughtyRob Two fresh affiliate progs Industry Role: Join Date: Nov 2004 Location: Inside teen pussy Posts: 29,602	Interesting stuff. __________________ [email protected] Skype: 17026955414 Vacares Web Hosting - Protect Your Ass with Included Daily Backups

05-23-2005, 12:35 PM	#11
Apache_A Confirmed User Join Date: May 2004 Posts: 434	I also asume this stems from the UK courts in ability to write the law sometimes, the new laws past on the disribution of R18 videos simply included the clause 'can't be sold via mail order'.. but does that include sale of the internet? evidently it does now, but wasn't clear in the orginal laws. __________________ ICQ:2116226

05-23-2005, 10:56 AM	#3
detoxed vip member Join Date: Jan 2003 Posts: 17,798	Just setup a company on the borders and send it in

05-23-2005, 12:27 PM	#7
Cains Confirmed User Join Date: Mar 2005 Posts: 407	Yes, its been illegal for sometime to distribute hardcore within the UK. The normal way round it is to use a .co.uk domain and host abroad Pretty sad state of affairs since the EU laws protect adult content under freedom of expression and art, still the UK provides a very lucrative market for content providers due to the strength of the pound

05-23-2005, 12:38 PM	#13
Sarah_Jayne Now with more Jayne Industry Role: Join Date: Dec 2002 Location: Los Angeles Posts: 40,077	it is physical goods..i don't see it changing much for website based delivery. I agree that it would be stunning if it was a ruling that shut down websites but it really is just enforcing the rules about retail that already stand. Though people that think they can just ship hardcore into the UK might want to read up a bit.

05-23-2005, 12:48 PM	#17
Tipsy Confirmed User Join Date: Jul 2001 Location: See sig Posts: 6,989	Forget this post - twaddle __________________ Ignorance is never bliss. Last edited by Tipsy; 05-23-2005 at 12:50 PM..

05-23-2005, 03:38 PM	#18
Dirty Dane Sick Fuck Industry Role: Join Date: Feb 2004 Location: www Posts: 9,491	Quite ironic considering every kid can use their daddys satelite TV for free.

05-23-2005, 09:14 PM	#19
reynold Too lazy to set a custom title Join Date: Oct 2002 Location: Global Traveler Posts: 51,271	Can't expect for anything worse!

05-23-2005, 11:36 PM	#20
Pretty_Lara Confirmed User Join Date: Oct 2002 Location: Barbados Posts: 755	Delaware forever ! ! ! Nevada ! ! ! __________________ dedicate servers $60 USA, Europe, UK, VPS / VDS XEN $6 + 1 class support administration FREE