Error leaves children unprotected under 1984 Video Recordings Act

People selling adult videos, including pornography, to children are to escape prosecution after the discovery of a Whitehall blunder that means that the 1984 law regulating the video industry was never enacted.

The disclosure that for 25 years the Act governing the classification and sale of videos, video games and now DVDs was never brought into force is a big embarrassment to both Conservative and Labour governments.

It also leaves the industry in disarray with the classification system designed to protect the under-18s from violent and explicit material no longer officially in operation.



Lavinia Carey, director-general of the British Video Association, which represents 90 per cent of the industry, said: “What a ludicrous situation to find ourselves in after all this time.”

Police and Her Majesty’s Revenue and Customs are to be told to stop bringing any prosecutions until the Government brings in emergency legislation to re-enact the 1984 Video Recordings Act. Until then people will be able to sell videos, including violent and pornographic ones, to under-18s without fear of prosecution.

The video industry was stunned by the Government’s admission that the Act was not properly enacted 25 years ago. Officials in the Home Office had failed to notify the European Commission of the existence of the Act as they were required to do so under an EU directive. The mistake was not spotted on two subsequent occasions, in 1993 and 1994. It was finally discovered during plans to update the law and introduce a new video-game classification system.