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."
What are we going to do with it?
be the first to sell pr0n to little kids without any age-rating?
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?
-- Note to Mods: There is a good reason there's no "-1 Disagree" option. --
How exactly do 25 years pass without anyone noticing that a law, that's supposed to be official and in force, hasn't actually been enacted?
It's beyond a joke... although I'm sure there will be plenty of jokes.
"Our legal advice is that those previously prosecuted will be unable to overturn their prosecution or receive financial recompense," she said.
So people who were previously prosecuted for breaking a non-law will be unable to overturn their prosecution.
I'd rather you rationally disagree than irrationally agree.
Does this mean that Grotesque has just been given the best publicity ever and no way to prevent it from being sold?
Great post! Slashdot really needs a "+1 refers to '1984' somehow" mod option.
So when society DOESN'T collapse into anarchy, are they going to realize this law was idiotic and unnecessary and not pass it again?
If you build it, nerds will come. Soylentnews.org
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!?
If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
Pending prosecutions will be abandoned, but existing convictions will stand.
So, yes, they will just keep them in jail.
Those who believe the Internet is private,
find their privates are on the Internet.
I have a feeling that in a "law and order" country like the US, the law would never actually stop being enforced - law enforcement and judiciary would make up something about the "spirit" of the law or some other legal nonsense.
Got a citation for that or are you just looking to repeat stereotypes about the US? It's interesting that you could condemn the US criminal justice system when we still have our right to remain silent and right against self-incrimination. Tell me, how are those rights faring in the UK? Surely they don't hold it against you if you remain silent or compel you to be a witness against yourself?
I want peace on earth and goodwill toward man.
We are the United States Government! We don't do that sort of thing.
"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".
The point of such a clause is so that every member country in the EU is notified of any regulations you have passed that affect doing commerce in your country so that they know all know about. Seems to be a rather sane idea contrary to the usual knee-jerk anti-EU hysteria that will come about in this thread. Would you like to be sued because you sold something in the UK, for instance, and didn't know they had passed some new regulation that required you to jump through some legal loophole before you could sell your product?
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?
during those 3 months until Parliament can scramble together a Save the Children act.
I heard that the FBI kept on relying on parts of the (un)Patriot(ic) Act long after the Supreme Court overturned those same parts of it. Business as usual, carry on.
Only after tea but before supper.
mod this +1 funny!
I'm glad you've been marked "troll" because you're flat wrong.
Time-and-time again laws have been declared unconstitutional and the prisoners freed (see my previous post filled with quotes). Just watch Henry Fonda's excellent movie "Gideon" for an example which is about a real man who stood-up against tyranny, and won.
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
I added this as a comment to the original submission but it didn't get picked up.
According to The Telegraph this also means that there is now no copyright on DVDs. I'm not sure of the reasoning for this since copyright is supposed to be enforced by the Copyright, Designs and Patents Act 1988, but that's the legal system for you.
So, apparently the UK is now (unwittingly) running the first national experiment in the abolition of copyright and age controls on DVDs. Should be interesting!
Wikipedia has a List of Video Nasties. If you live in Britain, but have never seen La Maldicion de la Bestai or La Bestia in Calore, you may have a window of opportunity.
I think Tom Lehre said it best in his song called Smut.
I do have a cause though. It is obscenity. I'm for it. Unfortunately the civil liberties types who are fighting this issue have to fight it owing to the nature of the laws as a matter of freedom of speech and stifling of free expression and so on but we know what's really involved: dirty books are fun. That's all there is to it. But you can't get up in a court and say that I suppose. It's simply a matter of freedom of pleasure, a right which is not guaranteed by the Constitution unfortunately. Anyway, since people seem to be marching for their causes these days I have here a march for mine. It's called...
Smut!
Give me smut and nothing but!
A dirty novel I can't shut,
If it's uncut,
and unsubt- le.
I've never quibbled
If it was ribald,
I would devour where others merely nibbled.
As the judge remarked the day that he
acquitted my Aunt Hortense,
"To be smut
It must be ut-
Terly without redeeming social importance."
Por-
Nographic pictures I adore.
Indecent magazines galore,
I like them more
If they're hard core.
(Bring on the obscene movies, murals, postcards, neckties,
samplers, stained-glass windows, tattoos, anything!
More, more, I'm still not satisfied!)
Stories of tortures
Used by debauchers,
Lurid, licentious, and vile,
Make me smile.
Novels that pander
To my taste for candor
Give me a pleasure sublime.
(Let's face it, I love slime.)
All books can be indecent books
Though recent books are bolder,
For filth (I'm glad to say) is in
the mind of the beholder.
When correctly viewed,
Everything is lewd.
(I could tell you things about Peter Pan,
And the Wizard of Oz, there's a dirty old man!)
I thrill
To any book like Fanny Hill,
And I suppose I always will,
If it is swill
And really fil
thy.
Who needs a hobby like tennis or philately?
I've got a hobby: rereading Lady Chatterley.
But now they're trying to take it all
away from us unless
We take a stand, and hand in hand
we fight for freedom of the press.
In other words,
Smut! (I love it)
Ah, the adventures of a slut.
Oh, I'm a market they can't glut,
I don't know what
Compares with smut.
Hip hip hooray!
Let's hear it for the Supreme Court!
Don't let them take it away!
Life takes interesting turns, but the most interest is when you're off the beaten path.
What? Hysteria? In my Slashdot? Okay I think I'm going to actually get modded down for this, but seriously, while reactions on Slashdot are often hysteric (i.e. "OMG CCTVs/Internet filtering/copyright laws, futuristic dystopia here we come!"), Slashdot has a dominantly American audience (56.5% according to my stats, +9.1% if you count Canada in), and it's just American hysteria.
Just look at how people react to news in the USA, the healthcare reform is the latest and best example of American hysteria at work (but you have lots of examples since the 20th century). A fairly popular administration wants to fix a messed up healthcare system by adding options, and people go "OMG Nazi fascism they want to kill babies and grandmothers!!!". Sure, FOX News and what's left of the Republican party are helping, but the fact that what they do actually works should reveal something about the American society. Would it work in France, Germany or the Netherlands? Doubt it.
People often talk about how Americans as a whole, as a herd, are stupid. They're not directly stupid, they're just very susceptible to hysteria. I don't know where it's coming from but it's something deeply embedded in the American culture. It certainly had its fair share of participation in bringing about the prohibition, McCarthyism (what witchhunt isn't rooted in hysteria?), all sorts of reactions and attitudes during the Cold War, but more recently, the aftermath of the 9/11 (again a prime example of hysteria, and undoubtedly the main reason for the Iraqi invasion to go domestically mostly unchallenged at the time. Same thing for the boycott of France, that went something like "OMG France if you're not with us you're against us!!!"), and yes, even the global warming and creationism debate (which are practically inexistent in civilised nations that are not satellites of the USA). I cannot stress enough how big a part hysteria plays in America, this is not a new phenomenon at all, and if you're American you may not realise this but this is actually very characteristic, believe it or not but some other societies are more cool headed. Here's the good news though, you're not stupid, just hysteric, to the point of getting into stupid stuff, until a few years after the cause that triggered the hysteria is gone you realise it was stupid.
So yeah, Slashdot, its hysteric reactions and projections of doom and dystopia just reflects that.
You just got troll'd!
I thought that "independence" was a French word, but clearly it must have drifted quite a lot in meaning since king William. From New Labour to the Tories and the fucktards at UKIP, it seemed quite compatible with bending over backward to please GWB and begging for more. Now when Brussels asks you to follow simple rules you agreed to and 24 other countries have no problem adhering to, that's an outrage.
What a joke.
Friends of mine never had problems importing "banned" films from other countries -- typically using eBay.
("Banned" is really "unrated", but to show a movie in a public cinema or sell it requires it to be given a rating by the BBFC. It's still OK to posses, or view privately, the film).
In the United States it varies state to state. But I'm in Pennsylvania, and that's how it is here. You get a DUI, they will charge you with both. The state considers them separate offenses.
What you said, specifically, was "so many violent criminals manage to dodge convictions here based on legal technicalities." That makes it sound like we have some plague of people who are actually guilty of violent crimes using legal trickery to avoid paying the penalties for their actions. While such cases do happen, the vast majority of the time when a "technicality" gets someone off, it's because it's not at all clear whether or not they actually committed the crime, and/or it is quite clear that the evidence against them is invalid. In short, it's the system working exactly the way it's supposed to.
Those "technicalities" are the only thing standing between us and a police state. Decades of cop show writers have used "off on a technicality" as a convenient plot device to explain why an obvious bad guy is still running around on the street -- which is why people think of them as "technicalities" instead of what they are, which is Constitutional protections of fundamental liberties. This is a serious threat to our freedom.
So that's why the outrage, pretty much.
The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
Gordon Brown can finally play those Region 1 DVDs he got from Obama! Oh, happy day.