1. R18 DVDs may only be supplied through licenced Sex Shops. These are
licenced by the local authority, not the BBFC.
"There are strict controls on the sale of videoworks which are given
an R18 classification. Under Section 12 of the Video Recordings Act
1984, such videos can only be sold in a licensed sex shop - of which
there are approximately 90 in England and Wales plus two in Scotland -
to adults aged 18 and over. They cannot be legally sold by mail order,
supplied through ordinary video outlets or shown on television. Their
supply other than in a licensed sex shop would be a criminal offence
subject to a fine of up to £5,000, six months' imprisonment, or both."
http://www.homeoffice.gov.uk/docs/r18vid2.html
"In 1983 Salford City Council adopted schedule 3 of the Local
Government (Miscellaneous Provisions) Act 1982, which covers the
licensing of sex shops.
...
The main purpose of applications is to enable the sale of videos or
DVDs classified as ?R18? by the British Board of Film Classification
(BBFC) to be sold. The ?R18? category is a special and legally
restricted classification primarily for explicit videos of consenting
sex between adults. Such videos may be supplied to adults only in
licensed sex shops, of which there are currently about 90 in the UK."
http://www.salford.gov.uk/business/licensing/licensing-trading/licensing-traderstrading/sexshop.htm
Also note that sex shops trade to personal callers only. It is not
legal for British sex shops to use couriers or the postal service to
send R18 videos by mail-order.
"There are only 120 licensed sex shops in the UK - Sheptonhurst owns
48 of them - and mail order within the UK is still illegal. This
effectively means that while a distributor based in, say, Amsterdam,
can legally ship R18-strength material to a Manchester customer, a
London-based distributor cannot."
http://film.guardian.co.uk/censorship/news/0,11729,660445,00.html
2. You do have to use movies that are licenced for rental - ordinary
videos/DVDs have a warning at the start that they are sold for
personal use only and are not licenced for rental. By renting, you
would be getting financial benefit many times over from the DVD, but
the producer would only be getting one sale income. Video shops will
use rental video wholesalers who will carry rental-permitted videos,
or large chains will negotiate with the main video distributors, but
they are very unlikely to carry R18 or uncertificated material.
3. Any videos that you rent in the UK must have a BBFC certificate. It
is illegal to rent or sell within the UK any video that doesn't.
"I want to sell foreign DVDs in the UK:
A foreign DVD offered for sale in the UK is likely to be illegal under
the Video Recordings Act (VRA) 1984 unless its content (including any
additional material) has been classified by the BBFC. The DVD must
also be labelled in accordance with Video Recordings (Labelling)
Regulations 1985 &1998 (including the unique registration number). You
would also be advised to contact FACT to ensure that there are no
copyright issues."
http://www.bbfc.co.uk/ (click on Law Enforcement, FAQ, Foreign DVDs)
You would also not be able to import in bulk for business use foreign
DVDs that have not been BBFC certificated:
"Although it is not a customs offence to import an unclassified video
or DVD it must be for your personal use only and the content must not
breach the prohibition on the importation of indecent and obscene
material which reflects other UK law (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."
http://www.bbfc.co.uk/ (click on Law Enforcement, FAQ, Import DVDs)
Owain |
