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Law
One very important consideration is that Customs are allowed to confiscate (ie steal) an entire consignment if any part of that consignment is judged obscene. This applies to both postal packets and good you are carrying with you. Therefore do not take unnecessary risks by packaging up mainstream films with those that Customs are likely to have problems with.
After having got through the red and green channels, the nightmare does not stop there. The "Writ of Assistance" gives Customs a carte blanche to enter any home without judicial approval and seize anything they believe to have been imported contrary to a prohibition.
To be knowingly concerned with the importation of obscene material is a criminal offence, Another offence is possession of imported obscene material, even if the importation has occurred somewhere higher up the distribution chain, even without even knowing it. Police, or customs officers would be well within their rights to kick down the front door of the customer at 6 in the morning, and search the premisies. It's a stupid law I know, but it's one that the police do enforce.
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.
The current Customs guidelines now state that they allow porn which depicts the type of consensual sexual activity between adults which can be legally purchased in the UK .
The BBFC determine what material is allowed to be legally purchased in the UK so their guidelines determine what is permitted for import
The following content, subject to the above, is permitted in R18 videos/DVDs sold in UK sex licensed sex shops:
- aroused genitalia
- masturbation
- oral-genital contact including kissing, licking and sucking
- penetration by finger, penis, tongue, vibrator or dildo
- non-harmful fetish material
- group sexual activity
- ejaculation and semen]
These guidelines make no distinction between heterosexual and homosexual activity.
The following content is not acceptable :
- any material which is in breach of the criminal law including any material judged to be obscene under the current interpretation of the Obscene Publications Act [notably fisting & pissing in sex scenes, pissing is fine if there is no sexual activity]
- material (including dialogue) likely to encourage an interest in sexually abusive material ( eg paedophilia, incest, rape) which may include adults role-playing as non-adults.
- the portrayal of any sexual activity which involves lack of consent (whether real or simulated). Any form of physical
restraint which prevents participants from indicating a withdrawal of consent- the infliction of pain or physical harm, real or (in a sexual context) simulated. Some allowance may be made for mild consensual activity. Penetration by any object likely to cause actual harm or associated with violence
- any sexual threats, humiliation or abuse which does not form part of a clearly consenting role-playing game. Strong abuse, even if consensual, is unlikely to be acceptable.
Horror
As more and more notorious horror films get BBFC certificates then so the scope for theft from customs diminishes. Of course there is still a lot of scope remaining for theft. Customs randomly open packages but of course target packages from well known horror suppliers such as Xploited. Perhaps a very simple measure one could take to reduce chance of seizure is to ask suppliers not to use their standard address labels but to write the address by hand or else use a blank label.
Booze & Cigarettes
If there is one sure way of encouraging corruption it is allow law enforcement bodies the power to impose enormous fines which effectively bypass the usual protections afforded by the court system. In their darkest hour, the Government seem to have granted the power to to impose an on-the-spot penalty of one's car. And as one may expect, HM Customs & Excise have abused this power with an unprecedented enthusiasm to criminalise Brits who just want to save a few Euros.
Anyway this is a little off topic for the Melon Farmers so I suggest those that required more information on the horrors of customs by drilling down into Day Tripper
Material Still Being Seized It has now been a while since Customs were forced into accepting that adult consensual porn was no longer to be seized. However they have retained a list of activities that they still consider obscene. So it comes as no surprise to find that Customs are still keenly seizing material which they consider breaks their guidelines as described in their letter reproduced below.
Customs will 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, defecation, 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 .
The inclusion of fisting in the list immediately poses a few problems. Why is fisting considered obscene whereas an equally sized dildo is acceptable. The BBFC far more sensibly referred to prohibitions on inserting objects in terms of harm to the participants. However the issue of most immediate concern is that of bondage and S&M. The Customs guidelines seem to leave S&M as liable to an absolute ban, no mention of degree. Clearly a lot of very mild material may involve S&M imagery yet comes nowhere near harmful. Is it still to be banned?
Therefore the interpretation of these guidelines can only be judged against practical examples of what Customs actually seize and prosecute. Since the change of guidelines the following seizures have been reported to me.
In early 2003 the BBFC website introduced the following FAQ for advice on imported DVDs
It is legal to import foreign DVDs for the sole use of the importer. However, consumers should be aware that if an unclassified video or DVD is purchased within the UK via a non-UK website, the arrival of that video or DVD in the UK constitutes part of a 'supply' within the meaning of the VRA. Although you will not be liable to prosecution (provided that the work is not obscene or otherwise illegal), Customs and Excise are entitled to seize any unclassified videos and DVDs ordered from abroad because the 'supply' of unclassified works to consumers within the UK is illegal under the VRA.
It seems that the media industry had put together the suggestion but it didn't really convince people that such seizures would be legal. Customs had decided that they would only seize DVD that they considered illegal due to content and in addition they report suspected commercial quantities located to Trading Standards etc.
After further enquiries about this advice the BBFC have now changed their FAQ to:
It is legal to import foreign DVDs for the sole use of the importer, provided that (i) those DVDs are not to be resupplied in the UK and (ii) those DVDs contain nothing in breach of the Obscene Publications Act or other relevant laws.
An explanation about the BBFC perspective at the time of the original advice:
1. It is illegal to 'supply' an unclassified video recording in the UK (unless, of course, it is exempt from classification). 'Supply' is defined by the Act as supply in any manner, whether or not for reward, and, therefore includes supply by way of sale, letting on hire, exchange or loan (VRA Section 1(4)). It is, of course, not illegal to buy, order or own an unclassified video work. The jurisdiction of the VRA naturally applies only within the UK and, with regard to prosecution, only suppliers based within the UK can be prosecuted. However, the fact that suppliers based outside the UK cannot be prosecuted does not necessarily mean that 'supplies' coming into the UK from outside the UK are not in themselves illegal. Any unclassified video work in the process of being 'supplied' within the UK is being supplied illegally. There is no exemption in the VRA with regard to works being imported for private use. Indeed the only mention of import/export in the VRA comes in section 3(4)(iii), which exempts videos being supplied from the UK to addresses outside the UK. There is no reciprocal exemption.
2. If you buy a video whilst you are abroad and then bring it back to the UK, that is perfectly legal (provided the video contains nothing illegal). This is because the 'supply' part of the transaction has already taken place outside the UK. In other words, when the video enters the UK it is already your personal possession and is no longer a product in the process of being 'supplied'.
3. By contrast, if you order a DVD from abroad and it is sent to you in the UK, this is technically illegal. It is true that you have not committed any offence yourself (because buying unclassified material is not in itself an offence). It is also true that the supplier cannot be prosecuted because he is outside UK jurisdiction. However, the video is still in the final stages of 'supply' when it enters the UK (rather than being an item you already own) because the supply is not complete until you actually receive the goods. Because it is illegal to 'supply' an unclassified video within the UK, the supply of that video to you within the UK is illegal under the VRA. Customs may therefore legitimately intercept and confiscate an item that is part of an illegal 'supply'. Obviously, this is an offence without an offender, so nobody would actually be prosecuted. However, because the 'supply' itself is illegal it can be stopped before it reaches you.
4. It is worth emphasising that this is not the BBFC's policy. Blaming the BBFC or writing to the BBFC will do absolutely no good. In fact, the Board will simply point any complainants to the BBFC website and to Customs and Excise. The Board will NOT comment any further on this. The Board has no jurisdiction over what does or does not enter the country. Nor is the BBFC responsible for the VRA or its interpretation. The Board's website merely reflects advice received from the relevant enforcement agencies (Home Office, Customs and Excise). If anybody wants to complain about this they should do so to the authorities who are actually responsible for this area. The Board's website seeks to offer the most comprehensive advice possible and it would be misleading not to at least mention this possibility. Otherwise, if Customs were to intercept a package in this way, the person importing the tape or disc could legitimately complain that the BBFC website misled them.
5. Finally Customs and Excise's position is that, although this power to seize uncertificated titles exists technically, they have no intention of enforcing it. So, in practice, there's actually nothing to worry about. It really is nothing more than a technicality that the BBFC is simply obliged to mention.
| May 2004 | Sadomania
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| May 2004 |
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| May 2004 | Thumbs Down to Thumbs Up
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| March 2008 | Seizure Set Pieces ... | |
Murder Set Pieces stolen by UK Customs | ||
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| April 2006 | Customs Thieving Black Hole
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| September 2005 | Underground Thieves
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| June 2005 | Terrorists & Thieves
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| September 2004 | Bums & Thieves
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| March 2004 | More Holocaust
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| March 2004 |
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| January 2004 |
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| January 2004 |
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| December 2003 | Cannibalising our Rights
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| September 2003 | Guinea Pigs
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| March 2003 | Customs Gagged |
| January 9th 2003 | Customs
Raid for Import of PG Film
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| February 17th 2002 |
Emanuelle and the Last Seizures
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| February 17th 2002 |
Nights of Terror with Thieves
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| December 2001 | Pissed Off
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Returning Stolen Goods
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Videos/DVDs
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