1984 Video Recordings Act ‘unenforcable’

A series of administrative blunders by the UK government has resulted in the revelation that the 1984 Video Recordings Act was never officially sanctioned by the EU.

Although the law, which prevented the sale or rental of age-sensitive materials such as video games, films and DVDs to minors, was passed by the British parliament it was never formally sanctioned by the European Union – something which has to happen in order to be passed as official law. Officials in the Home Office had failed to notify the European Commission of the existence of the Act as they were required to do so under an EU directive.

The oversight by the government only came to light when the law was reviewed during plans to update the law to introduce a new classification system for video games, although it had been missed on two previous reviews in 1993 and 1994.

Barbara Follett, Minister for Culture and Tourism, is quoted in The Times, saying: “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.”

The blunder means retailers can now legally sell age-limited material to minors without fear of prosecution while the loophole remains open. However those who have previously been prosecuted under the act will remain convicted with no right to have their penalties/fines or sentences reduced. In the meantime, Police and Her Majesty’s Revenue and Customs 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 people will be able to sell videos, including violent and pornographic ones, to under-18s without fear of prosecution.