In the UK, certain pornographic material (e.g. R18 dvds) may only be sold in licensed premises where there is a face-to-face meeting between buyer and seller. Trading Standards regularly take action against UK companies which sell restricted material over the Internet or by mail order.
Two sex shop owners took action against Trading Standards to appeal a fine they had been given by Liverpool magistrates court for selling restricted material by post. They argued that there was “no sensible purpose” in preventing adults obtaining restricted material videos by mail order from within the UK when Customs allowed similar videos to be imported by mail order.
The judgment from Lord Justice Kay and Mr Justice Newman held that the existing rules were in place to attempt to prevent sales to underage customers. The reason for ensuring a face-to-face meeting between buyer and seller was to make sure the buyer was old enough. It was accepted that such restrictions could be subverted, but that did not justify removing them.
The Court rejected all arguments raised by the sex shop owners and the appeal was not allowed. The Judges recognised, however, that the matter was one of national importance, and they therefore granted permission for an appeal direct to the House of Lords.
This article first appeared in our Technology Annual Review, March 2006. To view this publication, please click here to open a new window.
