egafd.com

Sorry if this is posted in the wrong place!

I have various adult websites and previously promoted adult DVDs/videos via an affiliate scheme, however we have now stopped this due to the laws regarding the distribution of this type of film via mail order/internet making it illegal to even advertise them!

My question is - does anyone know or have any dealings with the UK law regarding VOD/Streaming?

I'm getting some very conflicting information as the police seem to imply that this too is illegal but others have said that as long as the films are clear of 'obscene' material the law does not cover downloads in this way.

Help, clarification or ideas would be welcome :O)

Julia

Not posted in the wrong place but having a contact email address for replies would be handy

Sorry, thought replies would be posted here only.

admin@sexshop-247.co.uk for replies thanks !thumbsup!

i think this topic should be spoken about on the board, im interested myself.

The BBFC have announced that nthey will seek to control internet downloads.
HOWEVER, at the moment, provided that you are based and hosted out of the UK, you are OK.
There is no body having jurisdiction over the internet - in this sense.

Hiyas,

It's a little complicated but

The VRA (video recordings act) doesn't apply to the internet as it was written before the net came along, so you can put movies onto the web legally.

The OPA (obscene publications act) does apply to any media that you can publish to, so you risk prosecution if you put online something that the bbfc wouldn't aprove for R18.

If you publish something obscene to a foreign server where it is legal, then you're fine under the OPA, but they can prosecute under the Telecoms act for using the telephone system to transmitted obscene material, assuming your uploading from the UK.

You can't simple put an R18 dvd online as the R18 classification has a restricted distribution under UK law, but if you take the R18 movie and add/remove some mild footage, it becomes a different legal product and is therefore not classified and also does not have a restricted distribution.

Hope that make it clearer, if you need to know more, drop me a mail.

Luv Mel xxx
www.melanies-movies.tv

Have a read of this

There are often posts here and elsewhere asking what is legal and what is not. I think it is worth remembering that under the English rule of law nothing is legal, that is there is no bill of rights or protections built into the statutes to allow any particular activities, with the exception of practicing religion. There are however many laws that make certain activities illegal. As mentioned hear the obscene publications act various rules that relate to tele communications etc.
While it has in practice stopped the police prosecuting producers distibutors etc under the OPA for selling DVD's with sexual content BBFVC ratings do not render the classified works legal. The only value of a BBFC is some protection from the trading standards office. There is no current requirement to classify material for the web.DVD's can still be prosecuted under the OPA by the police or individuals.
Net publishing gets away with it largely because the time effort and expense of tracking downloads and payments stops it being seen as a priority. Historically prosecutions related to pornography come about because an individual private or police decides to take up the cause and this could still happen with any given DVD or web download whatever the content.
In short there is no waterproof way of covering yourself there is only what people seem to be getting away with at the moment.

MelsMovies wrote:

> If you publish something obscene to a foreign server where it
> is legal, then you're fine under the OPA, but they can
> prosecute under the Telecoms act for using the telephone system
> to transmitted obscene material, assuming your uploading from
> the UK.

This bit isn't true. If you do the upload from the UK, regardless of where the server sits, then that counts as the act of publishing it and you may be prosecuted under the OPA. There are documented cases.

Mak.