UK video legislation error discovered

An uncovered government error has revealed that current legislation to stop the sale of adult videos and video games to under-18s is actually unenforceable.

According to The Times, the component of the 1984 Video Recordings Act pertaining to the classification and sale of videos, video games and DVDs was never brought into force.

Therefore, under the current situation anyone can sell violent videos and video games to under-18s without fear of prosecution. In turn, Police and Her Majesty's Revenue and Customs have been advised to put any prosecutions on hold until emergency legislation can be introduced.

After the mistake was missed for over 25 years, it was finally uncovered during the current consultation to introduce a new classification system for all boxed video games in the UK as part of the Digital Britain report.

Minister for culture and tourism Barbara Follett said: "Unfortunately, the discovery of this omission means that, a quarter of a century later, the Video Recordings Act is no longer enforceable against individuals in United Kingdom courts."

In a letter to video industry representatives, she added: "As the then-British government did not notify the European Commission of the VRA's classification and labelling requirements, they cannot now be enforced against individuals in UK courts."

According to legal advice issued by the Department for Culture, Media and Sport, anyone previously prosecuted and convicted under the existing legislation can now attempt to overturn their convictions or apply for compensation.

Shadow culture secretary Jeremy Hunt commented: "Much of the problem would have been avoided if they had sorted out the classification of video games earlier, as we and many others in the industry have been urging them to do."