R18 supply: very bad signs

[Peter Woods]

Folks,

I've just read about yet another court case involving the supply of R18 material and it does not look good.

Yesterday, Prime Time Promotions lost an R18 case in Shrewsbury magistrates court, where the judge said:

"hard-core sex films should only be advertised and supplied at licensed sex shops".

This follows two other similar cases, involving Interfact and Pabo, where the magistrates agreed with Trading Standards that it is illegal to supply or to offer to supply R18's via mail order, the phone or the internet. This includes companies that operate legally from overseas.

Basically, unless this is challenged, Trading Standards could now start prosecuting virtually everyone involved in the supply and advertising of R18's...

[Paul Tavener]

Peter, bad news indeed. Do you know if there is any possibility of an appeal? Also do you know if there is any scope for action in Europe? It would seem to me that this is a perfect case of unfair trading when foreign trade is allowed but domestic trade is considered illegal - although I'm not an expert in this area.

[Dickie Davies]

Gents, that is the law as it is now. Someone needs to lobby to change it.

I would recommend just after the next election as it may get lost with everything else.

You can make your own mind up which party (who can win) is likely to be most receptive.

[DavidS]

Like you Paul I am not an expert, but I am fairly sure you are correct. If such a ruling is made regarding a foreign based distributor, particularly one based in the EU, I would say that this interpreatation British law is almost certainly in conflict with European law and is likely to be overturned on appeal. As the decision was made in a Magistrates court I should think it likely that there will be an appeal. With all the scams etc coming through the post from supposed reputable companies I wish Trading Standards would concentrate on these instead of worrying about the odd video. However the real problem is that the law regarding how R18's are sold is irrational and may indeed contravene European competition laws.

[Paul Tavener]

The obvious party is the Libdems if they ever got in or had a major influence then things would change for the better -but yes its unlikely I know. Of the other two I can't see it makes much difference.

[Kane]

there's no votes in supporting porn.

I know that quite a few people consume it, but who's gonna admit to it and what political party going champion porn when there are so many other issues!

[DavidS]

Kane, you are absolutely right!

[Riley]

They will appeal, the key players meet next week to discuss their next move. IMO don't hold your breath as it is trying to repeal an act of parliament 'The Video Recordings Act' which was beefed up a couple of years back with increased penalties for mail order activities within the UK. We got hardcore R18 which pissed off the straw man but they made sure it became difficult to sell the stuff and continue to do so!!

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[Paul Tavener]

I would have thought there is a reasonable chance that an appeal might succeed if they use the Human Rights Act. What pressing need is there in a democratic society to inposs this type of restriction when hardcore material is availible via the internet, from sex shops, from froeign satellite channels, by mail order from foreign suppliers and from magazines? If Ofcom relax the restriction on hardcore for domestic services the situation will become even more ridiculous.