Video Recordings Act, 1989

Prohibition of supply of video recordings of uncertificated video works.

5.—(1) A person who supplies or offers to supply a video recording containing a video work in respect of which a supply certificate is not in force for the time being shall be guilty of an offence unless—

(a) the supply is, or would if it took place be, an exempted supply, or

(b) the work is an exempted work.

(2) It shall be a defence to a charge of committing an offence under this section to prove that the accused believed on reasonable grounds—

(a) that the video work concerned or, if the video recording concerned contained more than one work to which the charge relates, each of the works was either an exempted work or a work in respect of which a supply certificate was in force at the time of the commission of the offence alleged, or

(b) that 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.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 3 years or to both.