Phase 2 of Customs Seizure

[joe king]

I wrote to HM about the DVD fist and piss partners explaining why I thought it was not 'obscene' and liable for forfeiture.

They sent second letter saying ...

'The DVD was examined and found to contain graphic and explicit depictions of anal/vaginal fisting and urination by a male onto a female. Scenes of this nature are considered to be obscene under the UK law and therefore prohibited on importation.

If you still dispute the liability of the material to seizure, please write to us within 30 days of the date of this letter. In that event, we will initiate condemnation proceedings in the Magistrate Court. These are civil, rather than criminal proceedings at which you, or someone acting on your behalf should appear to show cause why the material should not be condemned. It will be a matter for the court to decide whether the material is obscene and forfeiture is confirmed or not. The court will decide the awwarding of costs.'

'Scenes of this nature are considered to be obscene under the UK law '

I am researching the next course(s) of action.

[acidspud]

If you decided to pursue this, I just wanted to let you know that a lot of people will be supporting you wholeheartedly. Hope it goes well for you.

[magoo]

"considered". By who. Typical nonesense from HM Customs. They use the vague term "considered obscene" because they know the law is a grey area on this. What one C&E officer considers obscene may be allowed by another officer and the same applies to the police and courts. What one individual confiscates his colleagues say is OK. I know of fisting and pissing being inspected and let through.

[John Mason]

This is a tough call. It will depend on how determined you are about taking it to court. The costs, if the case goes against you could be in the thousands!
Also worth considering is that even if you do win, they could seize your next DVD containing the same sort of material and you'd have to go through the whole thing all over again!
The outcome will depend very much on the judge you get, because the law is a very 'grey' area when it come to pornography.
My advice, for what it's worth is let it go. I know it's a real pisser but when it come to taking on the system, those fucker have got more money and jobsworths than you can ever imagine and they will always win in the end!
I know I tried fighting the system.....I lost!
Good luck whatever you decide.

John

[raw]

I've lost 2 items to customs, the first being a GG Allin video, a singer who often shat onstage, performed naked and beat up audience members, and second a horror comedy DVD 'Redneck Zombies'. Even though I've never been so frustrated I didn't bother following it cause in the past I've heard of these things costings hundreds and hundreds of pounds.

Though if your rolling in it...good luck!

[Larry]

Ive read the official guidlines for what is obscene at what isnt.These guidlines have been given to the police,customs and magistrates.The guidlines basically state that under age sex,pissing,shiting and extreme pain are obscene/illegal.So if the magistrate has read these guidlines your fucked! However under the human rights act it can be argued (except child porn or torture)that yourhuman rigths have been breached and you have a right to possess these items.Freedom of expression i think. However to the best of my knoledge no one has used this defence yet.It has been well discussed in legal fields that this is a legitimate defence.It needs someone to be brvave and hopefuly win, so that a stated case is created.

[Franky]

Same thing happened to me with a necrophilia video, they suck !!!

It perfectly normal !

[graham]

unless you have a lot of money call it a draw... you can avoid this in future order from your scene or your choice who have the films already in the country,they,ve done the hardwork for you.

[Dick Tavern]

Yeah, go for it man. If folks always listened to the faint hearts - "it's too difficult, it's too expensive, it's too frightening" no one would have any rights at all. We would all be just cowering surfs, at the mercy of the state. Remember the limited rights we have today were won hundreds of years ago and were paid for in the BLOOD of Englishmen. Men who had some real backbone!

I agree that the odds are stacked against you (magistrates are employees of the state, anxious not to rock the boat, or upset their pals at the golf club) but that's no excuse for not having a go. We must show those pompous twats that they cannot walk all over us as and when they please.

D.T.

[Karol]

Just curious Joe. Who did you order the DVDs from such that they got stopped by HM Thieves & Excise anyway? All the stuff I get from the US comes through (up until now touch wood) unscathed and unexamined.

Even the "Your Choice" and, dare I mention the name, "Vidshop" purchases have been "customs-proof".