Videos, DVD's, Computer Games for Sale and Hire

The Video Recordings Act of 1984 (as amended)

This legislation applies to videos, DVDs and computer games.

All videos, except certain exempted ones (those which are solely designed to inform, educate or instruct, concern only sport, religion or mimic or comprise only a video game) must have been submitted to the British Board of Film Classification. This Board will either give the video or DVD a certificate or refuse classification. Some producers of videos or DVDs display an E to show that they are exempt, but this is not a legal requirement.

It is an offence to supply, or have in your possession for supply, any video or DVD that has not been classified. The maximum fine for these offences is £20,000 per tape or disc.

A video or DVD is classified with regard to all of the material on it. So, for example, trailers for other films would be considered in its overall classification.

The maximum fine for selling or hiring an age-restricted video, DVD or computer game to someone who is under the age specified by the BBFC is £5,000.

Some computer games have a Pan European Games Information logo (PEGI) which is a voluntary rating. It is advised this rating is always observed and it is best practice to comply with this in the same way the BBFC rated games are controlled.

Labelling

The appropriate age classification symbol must appear on one of the largest faces of the video, cartridge or disc.

The symbol must also appear on the spine of the case (unless it is less than 2cm wide). The symbol and the legal explanation of its meaning must appear on one large face of the case.

There are requirements about the size, colour and wording of these warnings.

Categories of Classification:

Abbreviation Classification Only to be sold to:
Universal Class film category symbol Universal Suitable for All
Universal Class film category symbol UC Universal - Particularly suitable for children Suitable for All
Parental Guidance film category symbol Parental Guidance - General viewing but some scenes may be unsuitable for young children 12 years and over
12 years or over film category symbol Suitable only for persons 12 years and over 12 years and over
15 years and over film category symbol Suitable only for persons 15 years and over 15 years and over
18 years and over film category symbol Suitable only for persons 18 years and over 18 years and over
Restricted 18 film category symbol Restricted 18: Suitable only for persons 18 years and over To be supplied only to licensed sex shops to persons 18 years and over

Almost inevitably, children, particularly teenagers, will frequently want to do things they are not supposed to. Obtaining a video, DVD or game that should not legally be supplied to them is a challenge.

Guidance on how you can avoid or reduce the likelihood of illegal sales is available.

Defence

There are defences in the legislation if :

You did not know or had reasonable grounds to believe that:

  • The title was an age restricted title, or
  • That the person to whom the title had been supplied had not attained the specified age
There is also a defence if the trader can show that he had taken all reasonable precautions and exercised all due diligence to avoid the commission of the offence.


This means setting up a system of control and making sure it works.


This will include:
  • Staff training and instructions (written records)
  • Display of prominent notices at the sales counter that 'it is illegal to supply age restricted videos/DVD or games titles to any person under the specified age'
  • Giving guidance on acceptable 'proof of age' cards
  • Regular reminders
  • Support for staff making refusals
  • Keeping a 'refused sales' log
  • Making the responsibilities of senior staff clear

For more details on this legislation see:


 

This advice is designed to provide basic guidance to traders. It is not a complete or authoritative statement of the law. For further assistance on this or any other Trading Standards legislation, please contact your nearest office. We will be pleased to offer this information in larger print or translated into any language on request.


Hampshire County Council
Trading Standards Service
Montgomery House
Monarch Way
Winchester
Hampshire
SO22 5PW

Tel: 01962 833620
Email: rsadvice@hants.gov.uk



B/video/120/002 June 05