Government blunder leaves 1984 Video Recordings Act unenforceable by police and Courts
Retailers that sell adult movies and video games to children face no legal comeuppance, after the discovery of a Government blunder that means that the 1984 Video Recordings Act was never enacted.
According to The Times, the mistake was only spotted as the Government prepared to update the Act to include changes prescribed in the new PEGI video games classification.
Officials in the Home Office in 1984 failed to notify the European Commission of the existence of the Act, as they were required to do so under an EU directive. The mistake was not spotted on two subsequent occasions, in 1993 and 1994.
Police 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, retailers will be able to sell adult videos and games to under-18s without fear of prosecution.
The Department for Culture, Media and Sport said that it had received legal advice that people who had previously been prosecuted and convicted would be unable to overturn their convictions or seek compensation.
Barbara Follett, Minister for Culture and Tourism, said last night: “Unfortunately, the discovery of this omission means that, a quarter of a century later, the Video Recordings Act is no longer enforceable against individuals in United Kingdom courts.”
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In a letter to representatives of the video industry, Ms Follett said: “As the then British Government did not notify the European Commission of the VRA’s classification and labelling requirements, they cannot now be enforced against individuals in UK courts.”
Lavinia Carey, Director General of the British Video Association said:
“BVA distributors will continue to conduct their business as usual, submitting works to the BBFC for classification and wording for consumer advice on packaging so that the public can continue to rely on the labelling supplied by responsible video distributors.”
“The BVA represents 90% of the industry and our members would not capitalise on this legal loophole by releasing titles that had been banned or cut for public consumption during the period that the Video Recordings Act can not be enforced by British courts.
“Our members will continue to retail products in the same way, remaining compliant with the provisions of the VRA on a voluntary and best practise basis.”
Comments
EU
I think the saddest part of this story is that we can't enact laws unless we have the permission of our foreign masters.
and this...
"Until then, retailers will be able to sell adult videos and games to under-18s without fear of prosecution."
^^^ This is why I hate the moralistic retailers, because this is exactly what they will do. If morally unjust things affect their sales, they complain. If morally unjust things boost their sales, they keep quiet.
The games retailers will start churning out the GTA's to school kids, as "holiday filler" with regards to sales figures. At least the online retailers have got some sort of excuse, the over the counter sellers have got none whatsoever.
EU
Oh Yeah, We the Continentals want to DOMINATE England with our laws®ulations!!!
EU
More UKIP garbage? Sigh, well I'd rather spend Mickey-Mouse money than vote for Mickey-Mouse party like UKIP (Bunch of childish rabid lapsed Tories the lot of 'em)
What the?
@LeeC
What the hell are you on about? Just because something can be done doesn't mean that it will you know?
Most of our high street retailers will continue to abide by age ratings as it is the done thing, it is morally correct.
try thinking before you speak.
damming before it happens
i think your damming all retailers before anything actually happens with this. just because its no longer leagal, dosnt mean all retailers will go ahead and do it.
ok some indys will, some indies already do. i know i work in gamestation and i would never sell anything "ADVISED" as 18 enforcable or not, to anyone younger.
i think this article should have never been written. yes its intresting, but it should only have been written after the hole was plugged. now we have the problem that there is no fear of the hand of test purchase in anyones minds i deffinatly wont but not everyone have my morrals.
Ghostbusters????
Where does this leave Grainger Games etc that were alledgedly selling Ghostbusters on a 360?
Is that now perfectly fine?
Retail Sales...
As a current GAME employee, this news has absolutely zero bearing on how I perform my job. Today, I took as much pleasure as ever in refusing to sell GTA to a minor, and even more pleasure by informing a mislead parent about the content of GTAIV - she had no idea it contained graphic images, adult content and the like.
I think it is extremely juvenile for some channels to already accuse retail of "cashing in" on this loophole. For the vast majority of us, we see it as our moral obligation - not just contractual and legal.
The law is an ...?
So the law is not a law? What happens to people who have been prosecuted and presumably fined for breaking this nonexistant law? Do they get their money back?
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