R18 - still legal to import?

[Cosine]

Viv Thomas website:

'Due to a recent court ruling we are no longer able to accept orders from UK residents on behalf of our Pictures World Holland

UK customers can obtain our titles from licensed sex shops.'

and Viv on a seperate thread talks of recent court rulings throwing the 'industry into turmoil' and affecting how people are allowed to 'get or view ... h/c porn'.

()

This may be related to the Adult Channels decision to stop showing more explicit material.

Anybody have any knowledge about this, about the recent court decisions or links to more info?

Cheers, Mike.

[webmong]

That's not good at all. A recent court ruling? I hope they've misunderstood whatever ruling they have come across.

[Riley]

Some info here:


From what we understand it is ref to English based companies offering for mail order or phone order to UK residents via advertising within the UK either by press or UK based and owned web sites. As it states it is legal to import from offshore and that has been accepted by the courts just don't advertise it in the UK and if you are in the UK advertising and shipping Hmmm not good.

[DavidS]

As I understand it, it always has been illegal to supply R18's other than through a licenced sex shop. I have said it before, the law regarding the sale of these films is totally irrational.

[Riley]

Unfortunately the law is the law and many have been testing and sticking two fingers up to it and having had experiences with T/S I have to say they are very reasonable first time round but you ignore the 1st warning then expect the stick it brings. This batch of cases are trying to get the grey areas ironed out and if the companies involved go on appeal and win then it will be good for UK business that is if they appeal the decisions.

[webmong]

I'm confused. So it's English based companies in trouble or it's illegal to get R18 via posting from abroad?

[Riley]

Not illegal to import, illegal to offer for sale via mail order or phone outside of a licensed sex shop if UK based. Illegal for offshore business's to advertise within the UK and offer for sale via mail order or phone that is how we have had the ruling explained to us.

[videokim]

Hi Guys

In this months ETO trade mag it explains the law & the recent court ruling of Pabo & Interfact, what was worrying is that even having a link,banner etc to another site abroad who's selling is now illegal & is classed as aiding & abetting. All this will do is push British hardcore underground again as theres not enough legal outlets e.g. shops to make it worthwhile for film makers to carry on.

Kim

[photographer]

as far as i know its illegal to sell 18R by mail order - this is to do with post office laws regarding delivering obscene goods.

to the best of my knowledge its also illegal to ship hardcore via mail order in germany (well it was 5 years ago)

[marcusallen]

As I see it, the sooner the law is sorted out once and for all - the better.
At least then, everyone would know where they stood and could act accordingly.
However, in true English fashion, all that happens is tinkering and messing about with one Authority taking certain actions whereas another ignores it.

I was busted twice: each warrant had an authorisation to search for obscene material and so the Plod seized all videos. BUT, they had to be examined by the "proper authorities" to determine their obscenity! (AFTER they were seized). There were two distinctly different results:

1st occasion: I was fined (heavily) by a magistrate for "Possession with intent to supply" and everything was confiscated.

2nd occasion: I was informed after 6-7 months that no prosecution would be forthcoming but that my material was being confiscated!
I fought this and the Bow St decision was that since my material was NOT obscene under the Act, the fact that I might make money from it was irrelevant and it was all returned to me PLUS Costs.

The material in question was identical in both cases-only the girls were different.

Now whilst this is all well and good as far as it goes, it highlights the old saying that "The Law is an Ass"

There are many other examples. However, whilst it is far easier to hit a sitting target (purveyors of porn)than it is to remove the filth in human guise from our Society, then we are just that - a Sitting Target.