LONDON – Laws in the UK are nothing if not tangled, more so because in addition to riding herd over the kingdom’s various political divisions, the government also must ensure legislation does not run afoul of European Union treaties. Just as the country begins attempting to gain control of cyberspace, authorities have realized massive holes exist in brick-and-mortar laws as a result of an EU-related snafu.Earlier this week, the Crown Prosecution Service was ordered to drop 70 obscenity cases pending under the Video Recordings Act. Because the government failed to notify the EU when the law was passed in 1984, the act has been declared unenforceable. At least for the next three months, that means retailers are not required to ensure all materials they sell have received an official rating as to appropriate content.
In other words, films, DVDs and videogames once banned because they contain certain types of sexually explicit content now may be sold anytime, anywhere to anyone, including minors. The British Board of Film Classifications ratings scheme for age-appropriate content has been tossed out the window, too.
“As 25 years ago the then British government did not notify the European Commission of the VRA’s classification and labeling requirements, they cannot now be enforced against individuals in the UK courts,” Parliamentary Undersecretary of State for the Department of Culture, Media and Sport noted in a letter to prosecutors.
The faux pas was discovered during research and preparation of new legislation that would codify Europe’s voluntary video games rating system.
The three-month window represents the period required for new legislation to be considered by other EU member states in order to rule out the possibility of undue trade restriction. Legislators hope to correct the situation with new legislation that will be submitted to the process as required by EU treaties.
In the meantime, members of Parliament are worried about the “real possibility” that obscene material will show up in shops. In addition, 22 convictions under the now-discredited law have been called into question.
At the same time, the government has revealed plans to meet unauthorized online content distribution with severe penalties. Under a proposal floated by Treasury Minister Stephen Timms and others, internet users who repeatedly are accused of violating copyrights by trading files over the Web not only would see their internet access cut off, but also might be banned from the Web for life. How to accomplish such a feat — and whether such action even would be allowable considering free-speech guarantees — remains in the air.
