Jersey Law 20/1990
VIDEO RECORDINGS (JERSEY) LAW 1990
____________
A LAW to
make provision for regulating the distribution of video recordings, sanctioned
by Order of Her Majesty in Council of the
31st day of
OCTOBER 1990
____________
(Registered on the 7th day of December 1990)
____________
STATES OF JERSEY
____________
The 19th day of June
1990
____________
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law –
ARTICLE
1
Interpretation
(1) The
provisions of this Article shall have effect for the interpretation of terms
used in this Law.
(2) “Video
work” means any series of visual images (with or without sound) –
(a) produced
electronically by the use of information contained on any disc or magnetic
tape; and
(b) shown
as a moving picture.
(3) “Video
recording” means any disc or magnetic tape containing information by the
use of which the whole or a part of a video work may be produced.
(4) “Supply”
means supply in any manner, whether or not for reward, and, therefore, includes
supply by way of sale, letting on hire, exchange or loan; and references to a
supply are to be interpreted accordingly.
(5) The
“designated authority” means the authority for the time being
designated by the Secretary of State under section 4 of the Video Recordings
Act 1984, of the United Kingdom.
(6) “Classification
certificate” means a certificate issued in respect of a video work by the
designated authority.
(7) In
this Law –
“business”, except in paragraph (4) of Article 3,
includes any activity carried on by a club;
“Committee” means the Education Committee;
“premises” includes any vehicle, vessel or stall.
(8) For
the purposes of this Law, a video recording contains a video work if it
contains information by the use of which the whole or a part of the work may be
produced; but where a video work includes any extract from another video work,
that extract is not to be regarded for the purposes of this paragraph as a part
of that other work.
(9) Where
any alteration is made to a video work in respect of which a classification
certificate has been issued, the classification certificate is not to be
treated for the purposes of this Law as issued in respect of the altered work.
In this paragraph, “alteration” includes addition.
ARTICLE
2
Exempted works
(1) Subject
to paragraph (2) of this Article, a video work is for the purposes of this Law
an exempted work if, taken as a whole –
(a) it
is designed to inform, educate or instruct;
(b) it
is concerned with sport, religion or music; or
(c) it
is a video game.
(2) A
video work is not an exempted work for those purposes if, to any significant
extent, it depicts –
(a) human
sexual activity or acts of force or restraint associated with such activity;
(b) mutilation
or torture of, or other acts of gross violence towards, humans or animals;
(c) human
genital organs or human urinary or excretory functions;
or is designed to any significant extent to stimulate or encourage
anything falling within sub-paragraph (a) or, in the case of anything falling
within sub-paragraph (b), is designed to any extent to do so.
ARTICLE
3
Exempted supplies
(1) The
provisions of this Article apply to determine whether or not a supply of a
video recording is an exempted supply for the purposes of this Law.
(2) The
supply of a video recording by any person is an exempted supply if it is
neither –
(a) a
supply for reward; nor
(b) a
supply in the course or furtherance of a business.
(3) Where
on any premises facilities are provided in the course or furtherance of a
business for supplying video recordings, the supply by any person of a video
recording on those premises is to be treated for the purposes of paragraph (2)
of this Article as a supply in the course of furtherance of a business.
(4) Where
a person (in this paragraph referred to as the “original supplier”)
supplies a video recording to a person who, in the course of a business, makes
video works or supplies video recordings, the supply is an exempted supply
–
(a) if
it is not made with a view to any further supply of that recording; or
(b) if
it is so made, but is not made with a view to the eventual supply of that
recording to the public or is made with a view to the eventual supply of that
recording to the original supplier.
For the purposes of this paragraph, any supply is a supply to the
public unless it is –
(i) a
supply to a person who, in the course of a business, makes video works or
supplies video recordings;
(ii)
an exempted supply by virtue of paragraphs (2) and (5) to (10) of this Article;
(iii) a
supply outside Jersey.
(5) Where
a video work –
(a) is
designed to provide a record of an event or occasion for those who took part in
the event or occasion or are connected with those who did so;
(b) does
not, to any significant extent, depict anything falling within sub-paragraph
(a), (b) or (c) of paragraph (2) of Article 2 of this Law; and
(c) is
not designed to any significant extent to stimulate or encourage anything
falling within sub-paragraph (a) of that paragraph or, in the case of anything
falling within sub-paragraph (b) of that paragraph, is not designed to any
extent to do so;
the supply of a video recording containing only that work to a
person who took part in the event or occasion or is connected with someone who
did so is an exempted supply.
(6) The
supply of a video recording for the purpose only of the exhibition of any video
work contained in the recording in premises other than a dwelling house, being
premises mentioned in paragraph (7) of this Article is an exempted supply.
(7) The
premises referred to in paragraph (6) of this Article are premises normally
used for the exhibition of cinematograph films passed by the Bailiff.
(8) The
supply of a video recording for the purpose only of the broadcasting of any
video work contained in the recording by the British Broadcasting Corporation
or the Independent Broadcasting Authority or its distribution by a system
licensed under Article 5 of the Telecommunications (Jersey) Law 1972, is an exempted supply.
(9) The
supply of a video recording for the purpose of submitting a video work
contained in the recording for the issue of a classification certificate or
otherwise only for purposes of arrangements made by the designated authority is
an exempted supply.
(10) The
supply of a video recording with a view only to its use in training for or
carrying on any medical occupation is an exempted supply.
(11) The
supply of a video recording otherwise than for reward, being a supply made for
the purpose only of supplying it to a person who previously made an exempted
supply of the recording, is also an exempted supply.
(12) Nothing
in this Article shall be deemed to exempt in any circumstances the supply of a
video recording described in this Article to a child under eighteen years of
age.
ARTICLE
4
Power of Committee to alter classification, etc
(1) Where
the Committee is satisfied that it is necessary to do so in order to protect
children and young persons from exposure to material suitable only in the
opinion of the Committee for adults, the Committee may require the statement on
the classification certificate to be altered as to the persons by whom it is
suitable for viewing.
(2) Where
the Committee requires any such alteration as is referred to in paragraph (1)
to be made, it shall also require such alterations as it thinks fit and in such
manner as it thinks fit to be made to the labelling of the video recording,
spool, case or other thing on or in which the video recording is kept.
(3) References
in this Law to “classification certificate” and to requirements
imposed by regulations made by the Secretary of State under section 8 of the
Video Recordings Act 1984, of the United Kingdom, shall apply mutatis mutandis to any alteration
required by the Committee to be made under this Article to any classification
certificate or label.
ARTICLE
5
Supplying video recording of unclassified work
(1) A
person who supplies or offers to supply a video recording containing a video
work in respect of which no classification certificate has been issued is
guilty of an offence unless –
(a) the
supply is, or would if it took place be, an exempted supply; or
(b) the
video work is an exempted work.
(2) It
is a defence to a charge of committing an offence under this Article to prove
–
(a) that
the accused neither knew nor had reasonable grounds to believe that the
classification certificate contained the statement concerned;
(b) that
the accused believed on reasonable grounds that the video work concerned or, if
the video recording contained more than one work to which the charge relates,
each of the works was an exempted work; or
(c) that
the accused believed on reasonable grounds that the supply was, or would if it
took place be, an exempted supply by virtue of paragraph (4) or (5) of Article
3 of this Law.
(3) For
the purposes of this Article, a video recording containing a video work in
respect of which a classification certificate has been issued that the work is
to be shown only in a licensed sex shop, shall be deemed to be a video work in
respect of which no classification certificate has been issued.
ARTICLE
6
Possession of video recording of unclassified work for the purposes
of supply
(1) Where
a video recording contains a video work in respect of which no classification
certificate has been issued, a person who has the recording in his possession
for the purpose of supplying it is guilty of an offence unless –
(a) he
has it in his possession for the purpose only of a supply which, if it took
place, would be an exempted supply; or
(b) the
video work is an exempted work.
(2) It
is a defence to a charge of committing an offence under this Article to prove
–
(a) that
the accused neither knew nor had reasonable grounds to believe that the
classification certificate contained the statement concerned;
(b) that
the accused believed on reasonable grounds that the video work concerned or, if
the video recording contained more than one work to which the charge relates,
each of those works, was an exempted work;
(c) that
the accused had the video recording in his possession for the purpose only of a
supply which he believed on reasonable grounds would, if it took place, be an
exempted supply by virtue of paragraph (4) or (5) of Article 3 of this Law; or
(d) that
the accused did not intend to supply the video recording until a classification
certificate had been issued in respect of the video work concerned.
(3) For
the purposes of this Article, a video recording containing a video work in
respect of which a classification certificate has been issued that the work is
to be shown only in a licensed sex shop, shall be deemed to be a video work in
respect of which no classification certificate has been issued.
ARTICLE
7
Supplying video recording of classified work in breach of
classification
(1) Where
a classification certificate issued in respect of a video work states that no
video recording containing that work is to be supplied to any person who has
not attained the age specified in the certificate, a person who supplies or
offers to supply a video recording containing that work to a person who has not
attained the age so specified is guilty of an offence unless the supply is, or
would if it took place be, an exempted supply.
(2) It
is a defence to a charge of committing an offence under this Article to prove
–
(a) that
the accused neither knew nor had reasonable grounds to believe that the
classification certificate contained the statement concerned;
(b) that
the accused neither knew nor had reasonable grounds to believe that the person
concerned had not attained that age; or
(c) that
the accused believed on reasonable grounds that the supply was, or would if it
took place be, an exempted supply by virtue of paragraph (4) or (5) of Article
3 of this Law.
ARTICLE
8
Supply of video recording not complying with requirements as to
labels, etc
(1) A
person who supplies or offers to supply a video recording or any spool, case or
other thing on or in which the recording is kept which does not satisfy any
requirement imposed by Regulations made by the Secretary of State under section
8 of the Video Recordings Act 1984, of the United Kingdom (requirements as to
labelling etc.) is guilty of an offence unless the supply is, or would if it
took place be, an exempted supply.
(2) It
is a defence to a charge of committing an offence under this Article to prove
that the accused –
(a) believed
on reasonable grounds that the supply was, or would if it took place be, an
exempted supply by virtue of paragraph (4) or (5) of Article 3 of this Law; or
(b) neither
knew nor had reasonable grounds to believe that the recording, spool, case or
other thing (as the case may be) did not satisfy the requirement concerned.
ARTICLE
9
Supply of video recording containing false indication as to
classification
(1) A
person who supplies or offers to supply a video recording containing a video
work in respect of which no classification certificate has been issued is
guilty of an offence if the video recording or any spool, case or other thing
on or in which the recording is kept contains any indication that a classification
certificate has been issued in respect of that work unless the supply is, or
would if it took place be, an exempted supply.
(2) It
is a defence to a charge of committing an offence under paragraph (1) of this
Article to prove –
(a) that
the accused believed on reasonable grounds –
(i) that
a classification certificate had been issued in respect of the video work
concerned; or
(ii) that
the supply was, or would if it took place be, an exempted supply by virtue of
paragraph (4) or (5) of Article 3 of this Law; or
(b) that
the accused neither knew nor had reasonable grounds to believe that the
recording, spool, case or other thing (as the case may be) contained the
indication concerned.
(3) A
person who supplies or offers to supply a video recording containing a video
work in respect of which a classification certificate has been issued is guilty
of an offence if the video recording or any spool, case or other thing on or in
which the recording is kept contains any indication that is false in a material
particular of any statement contained in the certificate, unless the supply is,
or would if it took place be, an exempted supply.
(4) It
is a defence to a charge of committing an offence under paragraph (3) of this
Article to prove –
(a) that
the accused believed on reasonable grounds –
(i) that
the supply was, or would if it took place be, an exempted supply by virtue of
paragraph (4) or (5) of Article 3 of this Law; or
(ii) that
the certificate concerned contained the statement indicated; or
(b) that
the accused neither knew nor had reasonable grounds to believe that the
recording, spool, case or other thing (as the case may be) contained the
indication concerned.
ARTICLE
10
Penalties
(1) A
person guilty of an offence under Article 5 or 6 of this Law shall be liable on
conviction to a fine.
(2) A
person guilty of an offence under any other provision of this Law shall be
liable, on conviction, to a fine not exceeding one thousand pounds.
ARTICLE
11
Offences by bodies corporate
(1) Where
an offence under this Law committed by a body corporate is proved to have been
committed with the consent or connivance of, or to be attributable to any
neglect on the part of, any director, manager, secretary or other similar
officer of the body corporate, or any person who was purporting to act in any
such capacity, he as well as the body corporate shall be guilty of the offence
and shall be liable to be proceeded against and punished accordingly.
(2) Where
the affairs of a body corporate are managed by its members, paragraph (1) of
this Article shall apply in relation to the acts and defaults of a member in
connexion with his functions of management as if he were a director of the body
corporate.
ARTICLE
12
Entry, search and seizure
(1) If
the Bailiff is satisfied by information on oath laid by a Police Officer or
officer of the Committee that there are reasonable grounds for suspecting
–
(a) that
an offence under this Law has been or is being committed on any premises; and
(b) that
evidence that the offence has been or is being committed is on those premises;
the Bailiff may issue a warrant authorising any Police Officer or
officer of the Committee named therein to enter and search the premises within
one month from the date of issue of the warrant.
(2) Any
Police Officer or officer of the Committee entering or searching any premises
in pursuance of a warrant under paragraph (1) may use reasonable force if
necessary and may seize anything found there which he has reasonable grounds to
believe may be required to be used in evidence in any proceedings for an
offence under this Law.
ARTICLE
13
Evidence by certificate
(1) In
any proceedings for an offence under this Law a certificate purporting to be
signed by a person authorized in that behalf by the Committee and stating
–
(a) that
he has examined –
(i) the
record maintained in pursuance of arrangements made by the designated
authority; and
(ii) a
video work (or part of a video work) contained in a video recording identified
by the certificate; and
(b) that
the record shows that, on the date specified in the certificate, no
classification certificate had been issued in respect of the video work
concerned;
shall be admissible as evidence of the fact that, on that day, no
classification certificate had been issued in respect of the video work
concerned.
(3) A
certificate under paragraph (1) of this Article may also state –
(a) that
the video work concerned differs in such respects as may be specified from
another video work examined by the person so authorized and identified by the certificate;
and
(b) that
the record shows that, on a date specified in the certificate under paragraph
(1) of this Article, a classification certificate was issued in respect of that
other video work;
and if it does so, it shall be admissible as evidence of the fact
that the video work concerned differs in those respects from the other video
work.
(3) In
any proceedings for an offence under this Law, a certificate purporting to be
signed by a person authorized in that behalf by the Committee and stating
–
(a) that
he has examined –
(i) the
record maintained in pursuance of arrangements made by the designated
authority; and
(ii) a
video work (or part of a video work) contained in a video recording identified
by the certificate; and
(b) that
the record shows that, on the date specified in the certificate under this
paragraph, a classification certificate was issued in respect of the video work
concerned and that a document identified by the certificate under this
paragraph is a copy of the classification certificate so issued;
shall be admissible as evidence of the fact that, on that date, a
classification certificate in terms of the document so identified was issued in
respect of the video work concerned.
(4) Any
document or video recording identified in a certificate tendered in evidence
under this Article shall be treated as if it had been produced as an exhibit
and identified in court by the person signing the certificate.
(5) This
Article does not make a certificate admissible as evidence in proceedings for
an offence unless a copy of the certificate has, not less than seven days
before the hearing, been served on the person charged with the offence in one
of the following ways –
(a) by
delivering it to him or to his legal adviser; or
(b) by
addressing it to him and leaving it at his usual or last known place of abode
or place of business or by addressing it to his legal adviser and leaving it at
his office; or
(c) by
sending it in a registered letter or by the recorded delivery service addressed
to him at his usual or last known place of abode or place of business or
addressed to his legal adviser at his office;
(d) in
the case of a body corporate, by delivering it to the secretary or clerk of the
body at its registered or principal office or sending it in a registered letter
or by the recorded delivery service addressed to the secretary or clerk of that
body at that office.
ARTICLE
14
Forfeiture
(1) Where
a person is convicted of any offence under this Law, the court may order any
video recording –
(a) produced
to the court; and
(b) shown
to the satisfaction of the court to relate to the offence;
to be forfeited.
(2) The
court shall not order any video recording to be forfeited under paragraph (1)
of this Article if a person claiming to be the owner of it or otherwise
interested in it applies to be heard by the court, unless an opportunity has
been given to him to show cause why the order should not be made.
(3) References
in this Article to a video recording include a reference to any spool, case or
other thing on or in which the recording is kept.
(4) An
order made under paragraph (1) of this Article shall not take effect until the
expiration of the ordinary time within which an appeal may be instituted or,
where such an appeal is duly instituted, until the appeal is finally decided or
abandoned; and for this purpose –
(a) an
application for a case to be stated or for leave to appeal shall be treated as
the institution of an appeal; and
(b) where
a decision on appeal is subject to a further appeal, the appeal is not finally
decided until the expiration of the ordinary time within which a further appeal
may be instituted or, where a further appeal is duly instituted, until the
further appeal is finally decided or abandoned.
ARTICLE
15
Short title and commencement
(1) This
Law may be cited as the Video Recordings (Jersey) Law 1990.
(2) This
Law shall come into force on such day as the States may by Act appoint, and
different days may be appointed for different provisions and for different
purposes.
E.J.M. POTTER
Greffier of the States.