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! :helpme

nineteeneightyfour

Just setup a company on the borders and send it in

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

I agree :disgust

um..what borders would that be?

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

Interesting stuff.

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.

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'.

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.

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.

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.

I had visions of off shore porn boats.

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.

Forget this post - twaddle

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

Can't expect for anything worse!

Delaware forever ! ! ! Nevada ! ! !