Question about Hardcore on .co.uk

[LaylaJade]

What are the laws and regulations now in ref to hosting hardcore pornsite on a .co.uk domain and on a UK server ?
Thanks

[Jacques]

There is now a unified approach to all media amongst the enforcement agencies, eg police, CPS, Customs, Trading Standards etc. to use the BBFC R18 guidelines to define what is legal to publish over the Internet.

[superior]

The .co.uk makes no difference whatsoever - hosting hardcore in the UKis still very much a grey area.

Most webmasters choose not to host in the UK as hosting elsewhere is much cheaper than in the UK and you negate some of the legal implications by using a country where hardcore is legal although even then there is still a grey area as you are uploading from the UK as thats where the publishing is occuring so technically you could still be committing an offence.

[Jacques]

But when you consider that French geezer in the UK who had a server in the US was prosecuted for gay scat and it turns out that the scat content behind the payment gateway was not considered obscene but the tour stuff was, it makes a complete mockery of what you can and can't publish, which is why the BBFC R18 stance is the generally accepted 'safe' standard.

[andy at handiwork]

Who, without having to submit ones website to the censors (I refuse to call them classifiers), is to say what on a website is 18R? Does the webmaster have to make that judgement? And can you imagine having to have EVERY page, and alteration to your site, 'classified' by the censor? Imagine the cost. Not wanting to appear like a conspiracy nut, I think there is a concerted effort by the Home Office and its allies to return us to the dark ages of pre 2000, by making it not worth the effort to have a porn site at all.

[andy at handiwork]

Its worth considering the possibility in the future of American extra-territoriality ushering in extraditions from UK of UK website owners who have transgressed US law by providing material that is viewable there. We have a government who would be more than happy to oblige, especially as the US doesn't even have to provide prima-facie evidence. Or maybe they will just have them arrested whilst passing through US jurisdiction.

[LaylaJade]

Well my whole thing is this, if my new hardcore site for my productions is hosted in the USA then to keep in compliewnce with the updated 2257 amendments then it will I mean that I cannot have any content I have shoot of any british girls, french girls, check girls etc on it, unless they have a US drivers licence and in some cases work work , so that basicaly would mean I can only shoot american girls for The House of Jade, if I want to host it in the USA to remain 2257 compliant.
Well fuck that. So I was thinknig I should just host it in the UK but didn't know how the law was now

[Cenobitez]

Layla hosting it in the uk on a .co.uk won't help you one bit!

The problem is where YOU are located, its a murky shitty grey area of the law, exactly what laws apply to you, but the general feeling is, if you are based in the US you are under US Laws, if you are based in the UK your under UK Laws.

You really need a UK partner to hold the bag.

[andy at handiwork]

Cenobitez wrote:
'The problem is where YOU are located, its a murky shitty grey area of the law, exactly what laws apply to you, but the general feeling is, if you are based in the US you are under US Laws, if you are based in the UK your under UK Laws. '

That didn't help the UK execs of the non-US based internet gambling companies being arrested when they passed through Miami. They hadn't broken any UK laws. Perhaps it will be best in future simply not to go to the US again. Since they are introducing the full fingerprinting of visitors from the UK, as well as demanding email, ISP and credit card details from us, and entering it all on an FBI database, I've decided that if they want to treat me as potential criminal for the offence of wanting to spend money there, I simply wont go. There are after all other countries.

[superior]

Im not sure if what you are saying about 2257 is correct - I *believe* that as long as you have valid government issued photo ID on record (i.e. any photocard driving licence or passport and not just US) then you are fine but I could be wrong.

Maybe have a look at hosting in Europe - you will get the benefit of speed to your UK customers as its closer to the UK, prices are reasonable and attitudes to porn are much more liberal than in the UK BUT you still have the grey area about where the publishing takes place. Having said that, as Jacques has already pointed out, as long as your content doesnt exceed what would be passed at R18 then you should be fine!