British High Court to Rule on Internet Adult Video Sales
 

British High Court to Rule on Internet Adult Video Sales

LONDON ? Britain?s High Court is hearing arguments Wednesday in a case that may decide whether adult videos and DVDs may be sold by Internet merchants in the United Kingdom.
The case revolves around several licensed British businesses that were fined thousands of pounds by Liverpool City Council?s trading standards department for supplying and offering to supply adult videos on their websites.

In the underlying cases, both Interfact Ltd. and Pabo Ltd. were found guilty of violating the U.K.?s 1984 Video Recordings Act, which restricts the sale of adult videos to individuals over 18.

Though neither company is accused of selling the films to minors, district judges ruled in both of the initial cases that the companies were guilty because the recordings act allows only for the sale of adult material to customers ?in person? and not over the Internet.

Arguments in court Wednesday followed a similar vein, with both the prosecution and defense agreeing that videos like ?Bikers? Gang Bang? and ?Top Marks for Effort? could be sold legally in licensed shops.

The two sides diverged on Internet sales, though, with the defense arguing that restricting British companies from selling adult films over the Internet gave an unnatural advantage to internationally located rivals and caused the local economy to suffer.

?The only purpose which such an interpretation of the law would serve would be to damage the local economy in favor of the economy in France or the Netherlands,? said David Pannick, representative for Interfact. ?We say that to prohibit mail order sales for videos which are accepted by the regulatory body to be appropriate for viewing by adults would breach [the right to freedom of expression clause] of the European Convention on Human Rights.?

Liverpool?s trading standards officers argued that, because the address of the buyer was effectively the point of supply, sales over the Internet were unlawful.

Because the stores were fined not only for supplying the adult videos but also for ?offering to supply? them, defense attorneys are also raising the issue of whether Internet websites constitute offers to supply.

The prosecution argued that every time an Internet user visited a website that allowed the purchase of adult videos, it constituted an offense, but the defense contended that websites were no different than displays that customers might view before making an ?offer to buy,? a concept that applies to many shop displays and mail order catalogues in the U.K. legal system.

The underlying cases are Interfact Limited vs. Environmental Health And Trading Standards Division, CO/2652/2004, and Pabo Ltd vs. Liverpool City Council, CO/3403/2004.

http://xbiz.com/news_piece.php?id=7592

Interesting article. Thanks for sharing.

bump

for those in the uk

Holly fuck !!

I never knew that ! That cannot be good for us UK webmasters surely ?

I hope there is a good outcome to this...

The rule as I have read it, is a customer in the UK can order a dvd (porn) legally on the net outside the uk but not on a website hosted and posted in the UK.

You have to go into a licensed sex shop to buy r18 rated DVDs (only about 150 of these shops exist).

To sell any films in the uk you have to put then through the film sensors at a cost of about £1000 ($2000) per hour.

Its a mess in reality.

http://www.bbfc.co.uk/

I want to sell foreign DVDs in the UK...

A foreign DVD offered for sale in the UK is likely to be illegal under the Video Recordings Act (VRA) 1984 unless its content (including any additional material) has been classified by the BBFC. The DVD must also be labelled in accordance with Video Recordings (Labelling) Regulations 1985 &1998 (including the unique registration number). You would also be advised to contact FACT to ensure that there are no copyright issues.


I want to import foreign DVDs for my own personal use...

The Video Recordings Act 1984 (VRA) makes it illegal to supply any video or DVD within the UK which has not been classified by the BBFC. There are some exceptions to this (eg educational works or works predominantly concerned with sport, religion and music) but all feature films and TV programmes must be classified.

Although it is not a customs offence to import an unclassified video or DVD it must be for your personal use only and the content must not breach the prohibition on the importation of indecent and obscene material which reflects other UK law (eg Obscene Publications Acts 1959 and 1964, Protection of Children Act 1978).

You are therefore entitled to purchase unclassified videos or DVDs whilst abroad, provided they contain no illegal material and are solely for personal use.

r18

To be shown only in specially licensed cinemas, or supplied only in licensed sex shops, and to persons of not less than 18 years.

The ?R18? category is a special and legally restricted classification primarily for explicit works of consenting sex between adults. Films may only be shown to adults in specially licensed cinemas, and videos may be supplied to adults only in licensed sex shops. ?R18? videos may not be supplied by mail order.

The following content is not acceptable

any material which is in breach of the criminal law, including material judged to be obscene under the current interpretation of the Obscene Publications Act 1959.
material (including dialogue) likely to encourage an interest in sexually abusive activity (eg paedophilia, incest, rape) which may include adults role-playing as non-adults.
the portrayal of any sexual activity which involves lack of consent (whether real or simulated). Any form of physical restraint which prevents participants from indicating a withdrawal of consent.
the infliction of pain or physical harm, real or (in a sexual context) simulated. Some allowance may be made for mild consensual activity. Penetration by any object likely to cause actual harm or associated with violence.
any sexual threats, humiliation or abuse which does not form part of a clearly consenting role-playing game. Strong abuse, even if consensual, is unlikely to be acceptable.

These guidelines make no distinction between heterosexual and homosexual activity.

I see, I didn't realize that it was so complex