ACS

Prosecutions against retailers selling DVDs or videogames to those under the legally certified age have had to be dropped due to a technical loophole. Officials at the Department for Culture Media and Sport (DCMS) have found that the legislation on which the prosecutions of based, the Video Recordings Act 1984 (VRA), was not implemented properly.

Under the EU Technical Standards and Regulations Directive Member States wishing to impose new technical regulations that could present a barrier to trade for companies within the EU common market must notify the European Commission; and allow a three month period where other Member States can raise any concerns about the proposal. At the time the UK Government failed to make the notification and therefore the legislation is technically invalid.

In spite of this discovery DCMS have explained that all previous prosecutions would still stand. "Our legal advice is that those previously prosecuted will be unable to overturn their prosecution or receive financial recompense."

DCMS will now work to bring an amendment to the VRA and ensure that the legislation has legal force. This will take at least three months to achieve.

In the meantime it is ACS’ advice to all retailers that sell or rent DVDs and Video Games that they should continue to voluntarily abide by the age restrictions until the loophole can be closed