Loophole over DVD age rating law in uk

Varik

http://news.bbc.co.uk/2/hi/uk_news/8219438.stm

the uk stores will make a killing if they sue for lost earnings from selling gta to kids


retailers who sell violent video games and 18-rated DVDs to children cannot be prosecuted because of a legal blunder 25 years ago.

Dozens of prosecutions under a 1984 Act have been dropped because the government of the day failed to notify the European Commission about the law.

But previous prosecutions will stand, according to the Department for Culture Media and Sport (DCMS).

The Lib Dems said the error had "thrown film censorship into chaos".

The Video Recordings Act (VRA) was brought in by Margaret Thatcher's government and set down that videos and video games must be classified and age rated by the British Board of Film Classification.

It made it illegal to sell violent video games to children and the most explicit adult films could be sold only in licensed sex shops.

'Unfortunate situation'

Culture Media and Sport Minister Barbara Follett has written to the industry bodies to inform them the act was "no longer enforceable".


Our legal advice is that those previously prosecuted will be unable to overturn their prosecution or receive financial recompense
DCMS

In her letter, she said: "Unfortunately, the discovery of this omission means that, a quarter of a century later, the VRA is no longer enforceable against individuals in United Kingdom courts."

Mrs Follett said the government hoped to remedy the "unfortunate situation" as quickly as possible.

She asked the industry bodies to handle the situation with "care and sensitivity" to ensure "minimal" advantage is taken of the loophole.


This must be a massive embarrassment to the Tories
Liberal Democrats

The loophole means no-one can be prosecuted until the law is passed again and that will take three months.

A spokeswoman from the government department said retailers had agreed to keep to the rules on a voluntary basis and previous prosecutions will still stand.

"Our legal advice is that those previously prosecuted will be unable to overturn their prosecution or receive financial recompense," she said.

'Outrageous' delay

Ministry of Justice figures for 2007, the latest available, show 87 people were convicted under the act for offences including supplying material which should be sold only in sex shops and selling unclassified work.

The Liberal Democrat's culture spokesman Don Foster said: "The Conservatives' incompetence when they were in government has made laws designed to prevent video piracy and protect children from harmful DVDs unenforceable and thrown film censorship into chaos.

"This must be a massive embarrassment to the Tories, especially as David Cameron was the special adviser to the home secretary in 1993 when the law was amended."

But the shadow culture secretary Jeremy Hunt said it was "outrageous" such an administrative error could go unnoticed for so many years.

"Much of the problem would have been avoided if they had sorted out the classification of video games earlier, as we and many others in the industry have been urging them to do," he added.

The error was discovered during work on the UK government's Digital Britain project, which aims to boost broadband and new media in the UK.

Corkfeen

Would this mean that they could release dodgy japanese horror flick for 3 months? Its a major cockup by them.
Most shops never ask your age in uk and ireland,they don't give a damn what age you are. Remember being asked for id for some dvd or game and I said I didn't have one. But they still sold it to me.

Red Sleeping Beauty

Well first off ,the act is a sham that was created by tabloid sensationalism. It's highly overrated. Second, don't shops here refuse to sell games with BBFC certs to anyone under that age ? The IFCO doesn't certify games here either and I'm not sure if "our" video recordings act includes anything about games but they slap the odd sticker on a few games when there's enough media hype (Manhunt 2 & Metal Gear Solid 2).

I can't see how though games shops can sue for lost earnings. Who will they sue and on what grounds ? The UK govt. ? This just means previous convictions can be overturned so if your shop was convicted and fined or whatever for selling something to someone underage then you can have that overruled I suppose. Dunno bought getting the fine back however.

thorbarry

Loopholes are great, i love when they find them in Legal Court Room movies... usually featuring ol' Morgan Freeman

amacachi

Alan Rouge wrote: »

Well first off ,the act is a sham that was created by tabloid sensationalism. It's highly overrated. Second, don't shops here refuse to sell games with BBFC certs to anyone under that age ? The IFCO doesn't certify games here either and I'm not sure if "our" video recordings act includes anything about games but they slap the odd sticker on a few games when there's enough media hype (Manhunt 2 & Metal Gear Solid 2).

I can't see how though games shops can sue for lost earnings. Who will they sue and on what grounds ? The UK govt. ? This just means previous convictions can be overturned so if your shop was convicted and fined or whatever for selling something to someone underage then you can have that overruled I suppose. Dunno bought getting the fine back however.

Don't all games have a PEGI rating? Whether it's enforceable here or not I'm not sure, but I doubt too many shops would sell an 18s game to young kids in case of a load of fuss being kicked up.

Red Sleeping Beauty

Yep, the PEGI thing is an EU or European thing I think. There's no legal enforcement behind though. I'm no lawyer but I don't think there's any law that says a game with a PEGI or BBFC rating can't be sold to someone under the age suggested on it. I think the games shops must have some kind of gentlemen's agreement with the IFCO or something to abide by the other classifications

amacachi

Alan Rouge wrote: »

Yep, the PEGI thing is an EU or European thing I think. There's no legal enforcement behind though. I'm no lawyer but I don't think there's any law that says a game with a PEGI or BBFC rating can't be sold to someone under the age suggested on it. I think the games shops must have some kind of gentlemen's agreement with the IFCO or something to abide by the other classifications

Wouldn't say there's even a need for that, the games shops know that a phone call or two to Joe Duffy would cause a hit in profits far bigger than what they'd get for selling to young kids.

Red Sleeping Beauty

Haha, quite right.
I still remember the mini storm around when GTA came out. I played it when I was about 14 and I didn't turn out to be a mass murderer :pac:.

amacachi

Alan Rouge wrote: »

Haha, quite right.
I still remember the mini storm around when GTA came out. I played it when I was about 14 and I didn't turn out to be a mass murderer :pac:.

Yet.

Snakeblood

Alan Rouge wrote: »

Haha, quite right.
I still remember the mini storm around when GTA came out. I played it when I was about 14 and I didn't turn out to be a mass murderer :pac:.

Plenty of time yet.