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British Video Recordings Act 1984 Invalid

chrb writes "BBC News is reporting that the British Video Recordings Act 1984 is invalid due to a 25 year old legal blunder. The Thatcher government of the day failed to officially "notify" the European Commission about the law, and hence it no longer stands as a legal Act. There will now be a period of around three months before the Act can be passed again, during which time it will be entirely legal to sell any video content without age-rated certifications."

14 of 340 comments (clear)

  1. OMG, freedom. by Anonymous Coward · · Score: 5, Insightful

    What are we going to do with it?

    1. Re:OMG, freedom. by Alzheimers · · Score: 5, Insightful

      Those "no-longer restricted videos" have as much to do with teaching sex as a monster truck rally has to do with teaching you how to drive.

    2. Re:OMG, freedom. by Anonymous Coward · · Score: 5, Insightful

      The whole idea of the European *Union* is that part of the sovereignty is sacrificed for something beneficial, like open borders (good for the economy), and reducing the likelyhood of war between European countries (you can think of the EU as a response to two world wars).

      Not everybody is happy about that, of course, partly because the EU is not as democratic as it should be. In some countries the EU constitution was voted away in a referendum because of that.

    3. Re:OMG, freedom. by imamac · · Score: 5, Insightful

      A european country in the EU will eventually end up just as "sovereign" as a state in the US.

    4. Re:OMG, freedom. by Xest · · Score: 4, Insightful

      Not really, because the nation in question - Britain, has signed up to have that as part of the deal.

      If Britain hadn't signed up to this and Europe was still enforcing this you'd have a point, but as it's Britain's choice to only allow laws to be legitimate if reported to Europe then it's still a sovereign nation.

      It can get out of this agreement any time it wants but there's not really any reason to as it's not a big deal. Besides, nowadays Europe does a better job of running Britain than the current Labour government does. Certainly the European court of human rights and the EU itself have done more to protect my human rights and civil liberties as a citizen than my own government which has repeatedly tried to violate them.

      Even if Europe was in control of Britain then and did actively choose not to ratify laws like this it could only be a good thing until unelected Brown and his unelected cronies like Mandelson get kicked out next year.

  2. Hurray?! by sqrt(2) · · Score: 5, Insightful

    So when society DOESN'T collapse into anarchy, are they going to realize this law was idiotic and unnecessary and not pass it again?

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  3. Just watch... by damburger · · Score: 4, Insightful

    When the British Video Recordings Act 2009 is passed, it will be more restrictive than the original 1984 verson. I mean, why would any good centre-right, middle-class courting, focus-group driven pack of fear-mongers pass up a perfectly good opportunity for a moral panic? Won't somebody PLEASE think of the CHILDREN!?

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  4. Re:Hang On by Dr.+Hok · · Score: 5, Insightful

    Can a British lawyer please tell me at what point notification of the European Commission became a requirement for an Act of Parliament to become legally binding? Surely such a surrender of sovereignty was exactly the sort of thing Thatcher opposed?

    You call that surrender of sovereignty? Think again. The government didn't have to ask for permission to pass this law, it was only supposed to inform the European Commission. In other words: make it public, so their European partner countries know what's happening in their neighborhood. That's just common sense.

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  5. Re:Another implication by badfish99 · · Score: 4, Insightful

    "Existing convictions will stand"

    In other words "existing convictions will collapse as soon as they are challenged in court, but let's lie about this and hope that everyone believes us".

  6. Re:Another implication by Anonymous+Cowar · · Score: 4, Insightful

    If all of the judges in the land believe it is within their power to continue with the lie and refuse to hear appeals based on this, guess what happens?

  7. Re:This is absurd by EddyPearson · · Score: 5, Insightful

    Thats not how we do it in the UK mate. Here we make as many laws as possible, criminalizing as many people as we can. This so that when we decide we don't like them anymore there's a quick exit waiting. It also makes it easier for the police to root out the bad guys. When everybody has committed at least one crime, gives them leverage.

    This was an embarressing oversight, normal service will be resumed shortly.

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  8. Re:Hang On by eln · · Score: 4, Insightful

    The EU is designed in part to be a very close union between member states, in order to combat the extreme nationalism that predicated two major ruinous conflicts on the European continent in the 20th century. Every EU nation gives up some measure of sovereignty (although really not that much in the grand scheme of things) in order to promote the greater good.

    Even having said that, though, I would argue that the simple requirement to inform other nations of standards and laws you pass is not really any more of a surrendering of sovereignty than most other provisions in any other treaty between nations.

  9. Re:Scandalous by DrJimbo · · Score: 4, Insightful

    What are you talking about? Britain doesn't even have a constitution.

    No problemo. They can take ours. We're sure not using it.

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  10. Re:so who will by Kokuyo · · Score: 4, Insightful

    Yes, because this is SUCH an emergency. Kids will turn into goat slaughtering satanist child molesters INSTANTLY because of this, mark my words!