egafd.com

I am not a QC either but in long conversations with ATVOD and BBFC it seems that the position is now that the upload rule only applies to material too strong to get an R18.

You can publish R18 material online without going via BBFC, but getting the official R18 prevents you falling foul of later classification rule changes. (DVD etc still requires a classification).

Of course if you are based in the UK and running a normal porn site BBFC and uploading rules are not really the issue any more. Hello ATVOD.

Logical? Commsense? Well thought out ? Consistent? None of the above, but welcome to the weird world of lawcraft.

Yes Andy, it is interesting how the law can be bent or ignored when it is of benefit to a money making quango.

As our legal system runs on the principle of, "precedent", nothing actually alters or changes the outcome of R vs Perrin 2002 until another judge comes along and gives a different judgement. I suspect all that has happened is that like many judgements and laws, circumstances and social changes result in them gathering dust in some cupboard, whilst the World moves on. A good example is the Obscene Publications Act 1964 .However the aothorities can always dig them back out if needs be!

PS The Obscene Publications Act first came into law in 1857, I wonder what a judge at the time would have thought of BGAFD and the present day shenanigans of porn? We'd all be strung up outside the Tower of London! I wonder what he would have made of DVD's like, "Make Granny Groan" or "9 Hours of Fuck Hungry UK MILFS?".........he would have had a heart attack! lol