Video Recordings Act, 1989

Labelling, etc.

12.—(1) The following provisions shall have effect in relation to a video recording containing a video work in respect of which a supply certificate is in force for the time being:

(a) the spool or other thing on which the recording is kept shall have affixed to it a label in the prescribed form (which may be obtained from the Official Censor by persons of prescribed categories on payment to him of such fee as may be prescribed with the consent of the Minister for Finance),

(b) any case or other thing in which the recording is kept shall bear such indication of the contents of the label as may be prescribed, and

(c) such indication (if any) as may be prescribed in relation to the label shall be included in the recording.

(2) (a) A person who supplies, offers to supply or has in his possession for the purpose of supplying it a video recording, or a spool, case or other thing on or in which it is kept, that (whether by the inclusion of any false statement in the label or indication concerned or otherwise) is not in compliance with subsection (1) of this section shall be guilty of an offence unless the supply is, or would if it took place be, an exempted supply or the video work concerned is an exempted work.

(b) A video recording or a spool, case or other thing on or in which it is kept shall not be deemed to be otherwise than in compliance with subsection (1) of this section by reason only that the classification it indicates is a lower one than that in force at the relevant time.

(3) It shall be a defence to a charge of committing an offence under this section to prove that the accused—

(a) believed on reasonable grounds that—

(i) the video work concerned or, if the video recording concerned contained more than one work, each of the works was an exempted work, or

(ii) the supply concerned was, or would if it took place be, an exempted supply by virtue of paragraph (b) or (c) of section 2 (1) of this Act,

or

(b) neither knew nor had reasonable cause to believe that the recording, spool, case or other thing, as the case may be, concerned was not in compliance with subsection (1) of this section.

(4) In this section “spool”, in the case of a case or other article from which a video recording need not be removed in order that the video work contained in the recording can be produced, means that case or other article.

(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500.