Error leaves children unprotected under 1984 Video Recordings Act

[Amethyst_Isle]

People selling adult videos, including pornography, to children are to escape prosecution after the discovery of a Whitehall blunder that means that the 1984 law regulating the video industry was never enacted.



The disclosure that for 25 years the Act governing the classification and sale of videos, video games and now DVDs was never brought into force is a big embarrassment to both Conservative and Labour governments.



It also leaves the industry in disarray with the classification system designed to protect the under-18s from violent and explicit material no longer officially in operation.



Lavinia Carey, director-general of the British Video Association, which represents 90 per cent of the industry, said: “What a ludicrous situation to find ourselves in after all this time.”



Police and Her Majesty’s Revenue and Customs are to be told to stop bringing any prosecutions until the Government brings in emergency legislation to re-enact the 1984 Video Recordings Act. Until then people will be able to sell videos, including violent and pornographic ones, to under-18s without fear of prosecution.





Blunder opens way for sale of banned DVDs.



An administrative blunder under the Thatcher government that has only just come to light has opened the door for retailers to sell unauthorised DVDs and video games, including banned films and pornography, to anyone, including under-age children without legal threat.



The Crown Prosecution Service has been told to drop cases relating to offences under the Video Recordings Act, which imposes statutory requirements for videos, DVDs and some video games to be classified and age-rated by the British Board of Film Classification.



Selling illegal DVDs not illegal because of blunder.



People who sell DVDs and videos illegally, including pornography to children, cannot be prosecuted because of a legislative blunder dating back 25 years, it has emerged.



It could also pave the way for the hundreds of people who have been convicted of video piracy and underage selling in the last quarter of a century to sue for damages.



And it has left the requirement to put film classification on videos and DVDs in disarray.



In a major embarrassment crossing several governments, officials have discovered the 1984 act that allows prosecutions for selling illegal videos and DVDs or breaches of age classifications is unenforceable.



It means an effective free-for-all for anyone breaching video sales laws, including supplying “knock-off” or illegal copies, porn and other 18-only films to minors or hard-core pornographic films outside of licensed sex shops.



“The important thing is that we close this loophole as quickly as possible,” a spokeswoman said. No one should see this as a green light to act unlawfully. We will continue to prosecute breaches vigorously once this technical loophole is closed,” a spokeswoman said.



Error leaves children unprotected under 1984 Video Recordings Act - Times Online

[Wolfgang]

"No one should see this as a green light to act unlawfully." She is missing point isn't she?

[orpheum]

The Tories are trying to look like an electable government when this shows just how incompetent they were when previously in Government.

Just how did they and the present government fail to spot this?

[GoggleboxUK]

name='orpheum']The Tories are trying to look like an electable government when this shows just how incompetent they were when previously in Government.

Just how did they and the present government fail to spot this?

Possibly in the same way that everyone else has failed to spoy yhis for the last 25 years.including every so called 'pirate's solicitors.

[Wolfgang]

I wonder if any major retailers will start selling video nasties and R-18 stuff.

[CaptainWaggett]

name='Wolfgang']I wonder if any major retailers will start selling video nasties and R-18 stuff.

They'd be extremely unwise to

“The important thing is that we close this loophole as quickly as possible,” a spokeswoman said. No one should see this as a green light to act unlawfully. We will continue to prosecute breaches vigorously once this technical loophole is closed,” a spokeswoman said.

[Wee Sonny MacGregor]

"Officials in the Home Office had failed to notify the European Commission of the existence of the Act as they were required to do so under an EU directive."



So that's what's meant by "never brought into force"! We're talking here about an Act of Parliament that was passed by the legislative body of the UK -both Houses of Parliament. This country's now reached the position that legislation passed by Her Britannic Majesty's Government is invalid because of a ludicrous technicality. Behind closed doors they all moan about "Europe" (both main parties) but never do anything about it. IMO it's time our politicians got off their knees.

[davidb]

name='orpheum']The Tories are trying to look like an electable government when this shows just how incompetent they were when previously in Government.

Just how did they and the present government fail to spot this?

seemingly its not asking europes permission to enact our own laws thats the stumbling block . i dont think that would have stopped a pm with balls like thatcher

although its obviously a problem for broon ......it would be

[Tomwhisky]

name='Wee Sonny MacGregor']"Officials in the Home Office had failed to notify the European Commission of the existence of the Act as they were required to do so under an EU directive."



So that's what's meant by "never brought into force"! We're talking here about an Act of Parliament that was passed by the legislative body of the UK -both Houses of Parliament. This country's now reached the position that legislation passed by Her Britannic Majesty's Government is invalid because of a ludicrous technicality. Behind closed doors they all moan about "Europe" (both main parties) but never do anything about it. IMO it's time our politicians got off their knees.

When is someone going to resign or better get the push (without a gold plated pension