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Audrey Madison Interview| Author | Post |
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| tdp Member 106 Posts 3/03 | Hi all I was hoping someone could help with the following situation. While some packages I have ordered from overseas have clearly been opened and resealed by UK Customs I have never had any items seized. However today for the first time I received a letter saying that 2 DVDs that I ordered from the site Movies By Mail (I think we can agree a non-extreme company) have been seized. While the titles I ordered are are not the extreme kind of stuff that you could get from some of the dodgy places online they are perhaps a little bit within a grey area - for instance one is Kylie Ireland's Twisted As Fuck. According to the seizure notice I have recieved I have the opportunity to plead my case (which I have no intention of doing) or else the items will be destroyed in a month. The question I really want to ask is: Is that the end of the problem? If I do not pursue the matter further will Customs destroy the DVDs and we'll all go on our merry way? To be perfectly honest I'm a little worried that I may have done something wrong - I admit the movies in question aren't exactly vanilla but they are also certainly not mega-extreme. I obviosuly don't want to get in any legal trouble here so should I write to apologise for the error in judgement or - in posters' opinions - is it better to just chalk it up to experience and lay off the ordering of dodgy stuff? Any help would be greatly appreciated. tdp [Link] |
| Joey Starr Senior Member Still wanking after all these years. 8082 Posts 10/00 | |
| Gabriel Nine Senior Member Firecracker 1273 Posts 8/01 | But if you were to object, I suppose you could make a case that several movies directed by Kylie Ireland have been passed by the BBFC at R18 in the UK, albeit with cuts from around 2-9 minutes in each case, therefore the material you've ordered is broadly in keeping with material permitted in the UK. It's interesting to see the reasons for the cuts to these movies are variously justified by the "current interpretation" of the Obscene Publications act 1959, the Video Recordings Act 1984 and by BBFC guidelines. Further, I continue to find it quite puzzling that the actions of HM Revenue & Customs, i.e. a government department, with regard to seizing "obscene" material are not dictated by legislation, but by a subjective interpretation of the guidelines of a non-governmental organisation whose policies and guidelines are, equally, entirely subjective, largely based on an intellectual conceit about potential harm to an audience, and the legislation they fall back on is completely out of date with contemporary channels of distribution for adult media. I'd love to see another legal challenge akin to the case which opened up the R18 market to the current state but I fear that there's every chance things could go in the opposite direction. |
| tdp Member 106 Posts 3/03 | |
| stefank60 Member Gold Trader on ADT 383 Posts 9/02 | I had one of those a while back - title I ordered included "lavatorial practices" , as their guidlines term it (I mean liquid btw not scat) and shallow fistings. I chalked it down to bad experience and heard no more. www.makepovertyhistory.org |
| struan Member SCOTLAND 242 Posts 8/02 | I’m not trying to scare you or sensationalise, the point is, that it is up to Customs to decide what to do, and I wouldn’t trust them as far as I could throw them. I would guess that if they were going to raid, they wouldn’t send a seizure notice, so you should be OK. Sadly, until such time as UK citizens are allowed to view whatever consensual adult material they wish, it is always a risk when it comes to Customs. With the current proposals to criminals the mere possession of so-called ‘extreme porn’, that the Westminster Government seems determined to inflict upon England & Wales (& Northern Ireland? - the Scottish Government have responsibility for this in Scotland, and claim not to have come to a decision yet on whether to proceed), the ideal seems further away than ever! Check out Melon Farmers (Government Censorship section) for further info.
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| stefank60 Member Gold Trader on ADT 383 Posts 9/02 | |
| struan Member SCOTLAND 242 Posts 8/02 | Up to three years in prison for the possession of even consensual adult material that falls foul of these insidious proposals, but I guess we are moving OT a wee bit.
Edited by - struan on 11/19/2006 7:41:47 AM |
| stefank60 Member Gold Trader on ADT 383 Posts 9/02 | |
| Joey Starr Senior Member Still wanking after all these years. 8082 Posts 10/00 | |
| stefank60 Member Gold Trader on ADT 383 Posts 9/02 | |
| Gabriel Nine Senior Member Firecracker 1273 Posts 8/01 | Back to Struan's point about the potential attempt to censor "extreme" porn, we can only wonder just how this will be defined in law, given that the laws Customs use just now are remarkably anachronistic. As a point of interest, the page on the HMRC web site which tells us how they define what's obscene refers to the Customs Consolidation Act 1876 (yes, that's 18 76): "The prohibition on the import of indecent and obscene material is contained in section 42 of the Customs Consolidation Act 1876. It prohibits ‘indecent or obscene prints, paintings, photographs, books, cards, lithographic or other engravings, or any other indecent or obscene articles’ and is maintained on behalf of the Home Office." Obscene adult material is defined thus: That's virtually a cover-all description, and uses what I can only assume to be intentionally vague language (e.g. "Certain sexual acts"). Interestingly no mention is actually made of the BBFC guidelines nor of how these definitions or policies based on them could easily apply to material quite readily and legally available in the UK, from porn to violent and sexually explicit films such as Baise-moi. As the phrase BBFC appears not to even be mentioned in the HMRC site, does this mean that the often-made repeated belief (viz, that HMRC are using the BBFC guidelines as guidance on what is to be permitted) is one held in error? Edited by - Gabriel Nine on 11/20/2006 5:09:15 PM |
| struan Member SCOTLAND 242 Posts 8/02 | When the BBFC were forced to legalise some HC at R18 in 2000, Customs confirmed that they would revise their guidelines as follows:- Pornography (Updated Guidelines since Autumn 2000) I can confirm that customs has now revised its criteria for assessment of obscene material. This follows a judgement by the court of appeal which led the British Board of Film Classification (BBFC) to publish new guidelines for its issue of R18 certificates. Customs will therefore no longer seize material depicting sexual activity between consenting adults which falls within the BBFC published guidelines. This will avoid conflict with The Human Rights Act, and existing European legislation and will sustain our policy of seeking to maintain common standards as accepted by the courts, and other enforcement agencies.
I will post in the Main forum about this as well, for wider exposure. |
| Jacco All-Star Member "liable to deprave and corrupt" 2673 Posts 5/04 | |
| struan Member SCOTLAND 242 Posts 8/02 | "an article shall be deemed to be obscene if its effect or (where the article comprises two or more distinct items) the effect of any one of its items is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it." Edited by - struan on 11/21/2006 7:12:43 PM |
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