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All Forums > International Shopping > International Shopping Forum Page 6 > Seeking clarification on Customs seizures
AuthorPost
tdp
Member



106 Posts
3/03
Posted - Nov 16 2006 : 6:25PM
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

Joey Starr
Senior Member

Still wanking after all these years.
8082 Posts
10/00
Posted - Nov 17 2006 : 12:59AM
Yes. Had the same experience (customs seizure) when I lived in the UK, I think they have bigger fish to fry.
Gabriel Nine
Senior Member

Firecracker
1273 Posts
8/01
Posted - Nov 17 2006 : 3:59PM
tdp, that's bad luck but while I sympathise greatly, I can't advise on what to expect - I am sure Joey is right that you just have to wear it while Customs pursue other miscreants, but ultimately, for proper guidance you need to take legal advice, and clearly Customs bank on you not doing so.

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
Posted - Nov 18 2006 : 4:12PM
Hi guys

Thanks so much for your comments. I think i'll just let it go and wave bye bye to a few quid and what looked like a couple of good movies. I just cecked the BBFC web site for Twisted As Fuck and there is no record so I suppose I won't even get to see a cut version.

Never mind.

tdp

stefank60
Member

Gold Trader on ADT
383 Posts
9/02
Posted - Nov 18 2006 : 6:20PM
I suspect you'll hear no more - the letter probably mentoned something along the lines that further infringements could lead to criminal proceedings.

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
Posted - Nov 19 2006 : 7:26AM
As far as I can tell, from reports elsewhere, stay well clear of Customs - they are a law unto themselves, with frightening powers. Although it seems that unless material features children or animals, they probably won't raid your house, there are no guarantees. AFAIK, they have even seized material that have received uncut BBFC R18 certificates!
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.


Edited by - struan on 11/19/2006 7:48:01 AM

stefank60
Member

Gold Trader on ADT
383 Posts
9/02
Posted - Nov 19 2006 : 7:30AM
oh feck - we're going to move backwards ?? Christ on a bike. WTF is it with these people ?

www.makepovertyhistory.org

struan
Member

SCOTLAND
242 Posts
8/02
Posted - Nov 19 2006 : 7:38AM
You weren't aware of the 'Extreme Porn' proposals? I’m afraid that you are in for a bit of a shock.
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.


As usual, Melon Farmers ('Extreme Porn' section) for further info.

Edited by - struan on 11/19/2006 7:41:47 AM

stefank60
Member

Gold Trader on ADT
383 Posts
9/02
Posted - Nov 19 2006 : 8:06AM
No . First I've heard about it. is there a brief but concise article anywhere on the subject ?

Let's hope it doesn't go through :-(


www.makepovertyhistory.org

Joey Starr
Senior Member

Still wanking after all these years.
8082 Posts
10/00
Posted - Nov 19 2006 : 3:59PM
Scat can be liquid actually...
stefank60
Member

Gold Trader on ADT
383 Posts
9/02
Posted - Nov 19 2006 : 4:01PM
Urgghh behave Joey

www.makepovertyhistory.org

Gabriel Nine
Senior Member

Firecracker
1273 Posts
8/01
Posted - Nov 20 2006 : 5:07PM
That's enough potty talk, thanks...

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:
"Obscene material is any visual material including drawings, paintings and cartoons that contain explicit depictions of certain sexual acts, rape and bestiality, cruelty to animals and excessive violence towards humans. An act is likely to be obscene if it is explicit and can be clearly seen."

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
Posted - Nov 20 2006 : 7:37PM
AFAIK, under the Obscene Publications Act, the legal definition of obscene is any material that is ‘likely to deprave or corrupt’, there are no specific sexual acts mentioned – it is up to a jury to decide if particular material is ‘obscene’, so it seems, yet again, that Customs are a ‘law unto themselves’.

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)
Here is a letter Customs sent when outlining their new guidelines from 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.
Sexual acts which are excluded from the BBFC criteria for R18 certification will continue to be considered obscene. This includes anal and vaginal fisting, urination, defaecation, sado masochism and bondage. We will also maintain controls on material involving children or animals, and also material depicting rape, excessive violence or animal cruelty.


This is taken from the Melon Farmers’ site, but I have a copy of the original letter, so can confirm its authenticity.


Re ‘Extreme Porn’ criminalisation, an Epetiton has just been set up by Backlash, an umbrella organisation for those who oppose the proposals, and can be found here:

'Violent Porn' Epetition

I will post in the Main forum about this as well, for wider exposure.

Jacco All-Star Supporter
All-Star Member

"liable to deprave and corrupt"
2673 Posts
5/04
Posted - Nov 20 2006 : 8:18PM
HM Customs have been known to size "R18 strength" material. Since the BBFC guidelines are not 100% clear either, HMC still can make up their own mind on unqualified movies.

Jacco

PS: it's "liable to deprave and corrupt" not "likely ...", I should know

Edited by - jacco on 11/20/2006 8:20:28 PM

struan
Member

SCOTLAND
242 Posts
8/02
Posted - Nov 21 2006 : 7:08PM
Technically, we're both incorrect - from the Act itself:

"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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