egafd.com

High Court blocks web porn sales

Adult-only porn videos and DVDs cannot be sold in the UK by mail order, the web or phone, the High Court has ruled.

Lord Justice Maurice Kay and Mr Justice Newman said "R18" sexually explicit recordings had to be sold in person in licensed sex shops.

They said the aim of the law was to stop the material falling into the hands of children.

It was argued at a recent hearing that the law harmed UK mail order firms and benefited overseas sex companies.

Forbidden material

Lord Justice Kay said: "We have no doubt that one of the main reasons for the restriction is to ensure that the customer comes face-to-face with the supplier so that there is an opportunity for the supplier to assess the age of the customer.

"It is a disincentive to a visibly under-age customer to seek out the forbidden material."

He said that it was no answer to say that the restrictions were unjustified because they could be circumvented.

"Whilst they do no make it impossible for a determined minor to come into possession of an R18 video, they make it more difficult," he added.

The judges were dismissing two appeals by licensed sex businesses fined thousands of pounds after prosecutions by Liverpool City Council's trading standards department.

Interfact Ltd, which has a sex shop in Bexley, and Pabo Ltd, based in Birmingham, were found guilty at Liverpool Magistrates' Court in April 2004 of offering R18 classified videos in their website catalogues.

At the recent hearing which led to the judges' ruling, David Pannick QC, for Interfact, said it made "no sense" to allow sales to adults who were physically present, but prohibit mail order.

No human rights breach

"Indeed, the only purpose which such an interpretation of the law would serve would be to damage the local economy in favour of the economy in France or the Netherlands," he had told the hearing.

Mr Pannick had claimed prohibiting mail order would breach Article 10 - the right to freedom of expression - of the European Convention on Human Rights. But the judges rules there was no Article 10 breach.

Interfact was fined ?3,000 for one offence of supplying and ?2,000 for one offence of offering to supply. It was ordered to pay ?25,617 prosecution costs.

Pabo Ltd was fined ?2,500 in relation to one offence. It was ordered to pay ?22,314 prosecution costs.

I think it was expected Jay as a mate (in the biz) had told some time ago that both companies expected to lose their initial case and any subsequent appeal(s) (in the UK).

As I understand it this was done as a legal process as the next step is the European Court where they now expect to successfully challenge it and win.

I have no idea if this is actually the case myself and it could well be rumour and innuendo. I am only repeating what my mate told me and he does work for one of the main online adult Dvd retailers but that doesn't mean he is neccessarily correct.

Would you expect anything else from a UK court ... same old head in the sand attitude. But the same sort of stuff does go on in other Euro countries. TPS in France has been stopped from broadcasting Spice Platinum 24hrs a day until their PIN system is upgraded, as it was open to abuse by minors - but their ban is only temporary and was imposed by CSA (Conseil Superieur de l'Audiovisuel), their broadcasting standards.

I'll be well upset if i affects r18dvdshop, such good company/service it dosen't deserve to disappear.

It doesnt surprise me one bit. Sod the sex stuff, a kid can buy a film called Urban Legand where you can see a girl get beheaded for entertainment on 18 certificate but a girl with semen on her face is too real for us to handle and such material is purchased by perverts who wear macs and eat children.

I wouldnt be surprised if the same argument is used to block r18 appearing on cable. Just wait and see.

The whole thing makes no sense when any kid can go on the net and find anything they want to look at ... plus they can order dvd's from abroad with little difficulty. Being establishment figures, these judges wouldn't dare overturn the current law, because it is pretty clear and there's not much to interpret or guess ... they would rather a European Court did it, then the newspapers won't have a field day by branding them as the perverts who legalised mail order porn and putting the children at risk.

No surprise at all to me ,
Remember how long it too R18 to be available in the UK at all.! what 20 or 30 years behind other countries?
By the time R18 is available in the UK , we will have cities on Mars, instead of telephones we will be able to communicate telepathically and Leeds will have won the championship again!!
Ok maybe that last one is far fetched !!


Neil

Brave posting this one then.

I'm not sure if the powers that be read this forum but if they do there will be an open and shut case here with no chance of pleading not guilty.

DG

They do read it.

I got busted by the Obscene Publications Squad a few years ago and it was made clear to me by a female pig (I won't name her as it's a breach of the facts) that they often read these boards.

I think it will get changed provided somebody has got the guts and money to take it to the European Court.

The problem with leaving it to Interfact is that it's a Sullivan company. The theory is that he challenges it to get the law changed so he can carry on with his own mail order side and hence keep raking it in.

The problem with that is it would open it up to all and a host of other companies would appear over night and be able to trade legally as well and with the competition usually comes a price drop and that could affect his income in reverse.

So does he stick or twist?

Remember he still owns a high percentage of all sex shops so he still has that virtual monopoly.