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R18 Court Cases
Posted: Fri Oct 17, 2003 7:21 am
by Kaite
I've just heard that the BBFC is taking conpanies that Post R18 films from within the UK to court as it is illegal is this true? Aparantly they can only be sold in person from licenced sex shops
Re: R18 Court Cases
Posted: Fri Oct 17, 2003 8:11 am
by colin
as far as i know it is still illegal to send "obscene material" through the mail. this would include R18 videos/dvds because they are only licenced to be sold in licenced sex shops. any prosecutions would be started by the Royal Mail Investigation Branch, of whom i was once an employee.
Re: R18 Court Cases
Posted: Fri Oct 17, 2003 8:34 am
by Zorro
The BBFC Website states:
"R18
To be supplied only in licensed sex shops to adults of not less than 18 years.
The ?R18? category is a special and legally restricted classification primarily for explicit videos of consenting sex between adults. Such videos may be supplied to adults only in licensed sex shops, of which there are currently about 90 in the UK. ?R18? videos may not be supplied by mail order."
I guess this means it is possible that companies are beng taken to court over this, however I do not know for sure. Where did you hear this?
I was under the impression that it was one of those laws that was soon to be relaxed and mostly ignored, but I could be very wrong.
I am interested to hear what anyone else knows on this matter.
Re: R18 Court Cases
Posted: Fri Oct 17, 2003 8:51 am
by colin
when i worked for Royal Mail it was always considered too time consuming to pursue such cases. maybe pressure is being applied from "above" to appear to be doing something.
Re: R18 Court Cases
Posted: Fri Oct 17, 2003 10:31 am
by Bruce Barnard
I recently interviewed a senior examiner at the Board, who has extensive policy making responsibilities for the Restricted 18 certification. He confirmed that mail order distribution of R18 within the UK was currently a ?serious cause for concern?.
He refused to expand, saying that issues relating to enforcement fall within the remit of Trading Standards, and not the Board itself.
I was left with a strong feeling that legal action was pending against some UK suppliers, in order to set rigid legal boundaries, enforce the Boards guidelines and reduce the sale of sexually explicit material online.
As of yet, I haven?t heard any specific cases of doors being kicked in, but it is an issue that is likely to be raised on the agenda in the immediate future.
Re: R18 Court Cases
Posted: Fri Oct 17, 2003 1:21 pm
by Lizard
This would apply to the Royal Mail I guess, but I,m not sure about a private coriour company, I dont see any problem with that.
Re: R18 Court Cases
Posted: Fri Oct 17, 2003 3:20 pm
by woodgnome
the mail order distribution of r18 material may be a ?serious cause for concern" to this examiner but i have it upon reasonable authority that the police intend adopting a very different strategy to the one he proposes.
in effect, future policy will be one of turning a blind eye towards the posting of R18 material, enabling the police to utilise their limited resources in areas of greater concern to them. there's even the suggestion that the sale of R18 material in unlicensed premises will no longer be of interest (unless it suits them, i suppose).
the notion that taking a hard line with online vendors of R18 videos will in any way stem the virtual tide, seems canute like. especially, when you consider that the importation of uncertificated material is accepted as lawful by hmc&e. but then, i suppose the attitude throughout history of our lawmakers, vis-a-vis pornography, has been one of facing out to sea below the highwater mark.
Re: R18 Court Cases
Posted: Fri Oct 17, 2003 3:27 pm
by Paul Tavener
I believe that SENDING R18 material through the post is illegal under the Video recordings Act. RECEIVING R18 material through the post is not illegal. HM Customs and Excise now allow R18 or equivalent material through. This leads to the ludicrous situation that it is legal to by it from abroad but not domesticaly. The current arragement is a clear restriction on trade under EU legislation and if taken to the ECHR would result in a defeat for the Govenment.
Ofcom will be asking the public about standards for television in the first half of next year. I think it is likely that the question of broadcasting R18 on tv subscription services will be asked. Domestic broadcasting of R18 material would uterly destroy the postal ban. If any one would like to be told when Ofcom start asking the public for input on standards issues drop me a line at
admin@ofwatch.org.uk and I will let you know.
Re: R18 Court Cases
Posted: Fri Oct 17, 2003 3:31 pm
by Paul Tavener
Woodgnome, I would be interested to hear if you have any other information on this topic, either here or by email. There certainly have been a lot of roumors recently.
Re: R18 Court Cases
Posted: Fri Oct 17, 2003 4:08 pm
by woodgnome
Paul Tavener wrote:
> I believe that SENDING R18 material through the post is
> illegal under the Video recordings Act. RECEIVING R18 material
> through the post is not illegal. HM Customs and Excise now
> allow R18 or equivalent material through. This leads to the
> ludicrous situation that it is legal to by it from abroad but
> not domesticaly. The current arragement is a clear restriction
> on trade under EU legislation and if taken to the ECHR would
> result in a defeat for the Govenment.
well, someone looks like giving it a shot: