Banned games can be sold in UK due to legal loophole

[PrototypeMike]

A blunder in UK law following the 25-year-old Video Recordings Act (VRA) of 1984, which imposes requirements for video games to be classified by the British Board of Film Classifications (BBFC), could allow retailers to sell video games and DVD's rated over 18+ to minors for the next three months.

The legislation is no longer enforceable in the UK due to the former Conservative government's failure to notify the European Commission about the VRA law. Many cases have already been dropped.

Moreover, video games, films and pornography that have been banned by the BBFC will also be able to be sold without fear of prosecution, before a new law can be passed in approximately three months time.

The Department for Culture Media and Sport (DCMS) unearthed the loophole during their effort to make the PEGI ratings system a legal requirement in the country, following the government's decision to accept the classifications system in their Digital Britain report.

DCMS minister Barbara Follett has informed the industry that although the act is no longer enforceable, those previously prosecuted will be unable to appeal:

"Our legal advice is that those previously prosecuted will be unable to overturn their prosecution or receive financial recompense."

Mike Rawlinson of Elspa commented: "I haven't even thought about the potential challenges against the BBFC or the government for the restriction of trade."

Shadow culture secretary Jeremy Hunt was outraged by the error, adding:

"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."