Question:
Noticed the following FAQ answer on the BBFC web site and was a bit surprised on reading the last sentence. Is this a recent interpretation of the law or has it always been the case? Can anyone clarify this?
Can we bring back videos from abroad that are not currently classified?
The Video Recordings Act 1984 (VRA) makes it illegal to supply any video or DVD within the UK which has not been classified by the BBFC. There are some exceptions to this (eg educational works or works predominantly concerned with sport, religion and music) but all feature films and TV programmes must be classified. It is not an offence to import an unclassified video or DVD provided that (i) it is for personal use only and (ii) the contents of the video or DVD are not in breach of UK laws (eg Obscene Publications Acts 1959 and 1964, Protection of Children Act 1978). You are therefore entitled to purchase unclassified videos or DVDs whilst abroad, provided they contain no illegal material and are solely for personal use. However, consumers should be aware that if an unclassified video or DVD is purchased within the UK via a non-UK website, the arrival of that video or DVD in the UK constitutes part of a 'supply' within the meaning of the VRA. Although you will not be liable to prosecution (provided that the work is not obscene or otherwise illegal), Customs and Excise are entitled to seize any unclassified videos and DVDs ordered from abroad because the 'supply' of unclassified works to consumers within the UK is illegal under the VRA.
It's illegal for the shops to sell, not for the consumer to buy.
"It is not an offence to import an unclassified video or DVD provided that (i) it is for personal use only and (ii) the contents of the video or DVD are not in breach of UK laws (eg Obscene Publications Acts 1959 and 1964, Protection of Children Act 1978)."
There's your answer right there!
To be declared obscene, according to a recent Observer article, the very least you need for a conviction is graphic coprophillia (if you don't know, you don't want to know), and even then it's not certain.
I really hope that won't be a problem for you! :nuts:
I think the bit he is referring to is:
"However, consumers should be aware that if an unclassified video or DVD is purchased within the UK via a non-UK website, the arrival of that video or DVD in the UK constitutes part of a 'supply' within the meaning of the VRA. Although you will not be liable to prosecution (provided that the work is not obscene or otherwise illegal), Customs and Excise are entitled to seize any unclassified videos and DVDs ordered from abroad because the 'supply' of unclassified works to consumers within the UK is illegal under the VRA."
So I guess that going abroad and bringing items back is fully leagal whereas importing via the web carries a risk of seizure, depending on the mood of HMC&E on any given day :nuts:
Tis most odd, though - I know of at least one well known shop in a large well known city that sells large numbers of imported, unrated DVDs - Often uncut versions of cut films, etc. This said shop is also frequented by many members of a certain well known organization, too! I always wondered how they get away with this.....
The Cinema Store in London is in a basement and hardly advertises what's down there. Not half a mile away there's much more worrying stuff being sold in Soho so I expect no one can be bothered with The Cinema Store. Also it's in Westminster, and they tend to be fairly lenient about retailers on their patch I think...
and most compellingly they probably know that at those prices the stuffs just sitting there, not actually being sold and watched! ; )
Who would be breaking the VRA by supplying unclassified DVDs to you? The post office? It can't be the website you buy from if they are not within the UK
It doesn't imply that anyone inparticular is breaking the VRA it simply says that under the VRA HMC&E are entitled to seize the goods being imported.
There may not be an investigation or prosecution linked to the seizure but none-the-less the items can be seized. I don't think that anyone here is too worried about whether or not there is a court case to answer just that on any particular day you might not receive the DVD's you have ordered. :(
What we should be worried about is, as Haggis says, whether this is a recent caveat or if it has always been in place. If it is new it may mark the begginings of HMC&E trying to put a stop to the importation of unclassified Videos and DVDs.
So, does anyone know if this is old or new?
Can we bring back videos from abroad that are not currently classified?
The Video Recordings Act 1984 (VRA) makes it illegal to supply any video or DVD within the UK which has not been classified by the BBFC. There are some exceptions to this (eg educational works or works predominantly concerned with sport, religion and music) but all feature films and TV programmes must be classified. It is not an offence to import an unclassified video or DVD provided that (i) it is for personal use only and (ii) the contents of the video or DVD are not in breach of UK laws (eg Obscene Publications Acts 1959 and 1964, Protection of Children Act 1978). You are therefore entitled to purchase unclassified videos or DVDs whilst abroad, provided they contain no illegal material and are solely for personal use. However, consumers should be aware that if an unclassified video or DVD is purchased within the UK via a non-UK website, the arrival of that video or DVD in the UK constitutes part of a 'supply' within the meaning of the VRA. Although you will not be liable to prosecution (provided that the work is not obscene or otherwise illegal), Customs and Excise are entitled to seize any unclassified videos and DVDs ordered from abroad because the 'supply' of unclassified works to consumers within the UK is illegal under the VRA.
Answers:
It's illegal for the shops to sell, not for the consumer to buy.
Answers:
"It is not an offence to import an unclassified video or DVD provided that (i) it is for personal use only and (ii) the contents of the video or DVD are not in breach of UK laws (eg Obscene Publications Acts 1959 and 1964, Protection of Children Act 1978)."
There's your answer right there!
To be declared obscene, according to a recent Observer article, the very least you need for a conviction is graphic coprophillia (if you don't know, you don't want to know), and even then it's not certain.
I really hope that won't be a problem for you! :nuts:
Answers:
I think the bit he is referring to is:
"However, consumers should be aware that if an unclassified video or DVD is purchased within the UK via a non-UK website, the arrival of that video or DVD in the UK constitutes part of a 'supply' within the meaning of the VRA. Although you will not be liable to prosecution (provided that the work is not obscene or otherwise illegal), Customs and Excise are entitled to seize any unclassified videos and DVDs ordered from abroad because the 'supply' of unclassified works to consumers within the UK is illegal under the VRA."
So I guess that going abroad and bringing items back is fully leagal whereas importing via the web carries a risk of seizure, depending on the mood of HMC&E on any given day :nuts:
Answers:
Tis most odd, though - I know of at least one well known shop in a large well known city that sells large numbers of imported, unrated DVDs - Often uncut versions of cut films, etc. This said shop is also frequented by many members of a certain well known organization, too! I always wondered how they get away with this.....
Answers:
The Cinema Store in London is in a basement and hardly advertises what's down there. Not half a mile away there's much more worrying stuff being sold in Soho so I expect no one can be bothered with The Cinema Store. Also it's in Westminster, and they tend to be fairly lenient about retailers on their patch I think...
and most compellingly they probably know that at those prices the stuffs just sitting there, not actually being sold and watched! ; )
Answers:
Who would be breaking the VRA by supplying unclassified DVDs to you? The post office? It can't be the website you buy from if they are not within the UK
Answers:
It doesn't imply that anyone inparticular is breaking the VRA it simply says that under the VRA HMC&E are entitled to seize the goods being imported.
There may not be an investigation or prosecution linked to the seizure but none-the-less the items can be seized. I don't think that anyone here is too worried about whether or not there is a court case to answer just that on any particular day you might not receive the DVD's you have ordered. :(
What we should be worried about is, as Haggis says, whether this is a recent caveat or if it has always been in place. If it is new it may mark the begginings of HMC&E trying to put a stop to the importation of unclassified Videos and DVDs.
So, does anyone know if this is old or new?
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