Hardcore is Legal in the UK

The year 2000 was an important year for adult video and DVD, it was the year when hardcore was effectively legalised.

First of all lets make it clear that it is now perfectly legal to buy and own consensual adult porn.

In particular it is now legal to import hardcore

At about the time when hardcore was legalised, the law enforcement agencies including customs got together and agreed that they would all adhere to the BBFC guidelines for R18 videos:

The following content is not acceptable:

• any material which is in breach of the criminal law
• material likely to encourage an interest in abusive
• sexual activity (eg paedophilia, incest) which may include depictions involving adults role-playing as non-adults
• the portrayal of any sexual activity, whether real or simulated, which involves lack of consent
• the infliction of pain or physical harm, real or (in a sexual context) simulated. Some allowance may be made for mild consensual activity
• any sexual threats or humiliation which do not form part of a clearly consenting role-playing game
• the use of any form of physical restraint which prevents participants from withdrawing consent, for example, ball gags
• penetration by any object likely to cause actual harm or associated with violence
• activity which is degrading or dehumanising (examples include the portrayal of bestiality, necrophilia, defecation, urolagnia)

The following content, subject to the above, may be permitted:

• aroused genitalia
• masturbation
• oral-genital contact including kissing, licking and sucking
• penetration by finger, penis, tongue, vibrator or dildo
• non-harmful fetish material
• group sexual activity
• ejaculation and semen

These guidelines make no distinction between heterosexual and homosexual activity.

Hardcore videos may now be legally bought from:

• Any shop abroad and  hand carried back into the UK
• Any overseas based online sex shop and import via mail
• Any mail order company based overseas

Customs VAT/duty may only be charged on orders from outside of the EU. Orders below £18 are exempt (£36 if an unsolicited gift). If the order exceeds this limit, the VAT/duty will apply to the entire order. The net result of the charge is about 25% of the total order plus a possible Royal Mail charge for opening and resealing the packet. This charge is extracted via the Royal Mail who will refuse to deliver the package until the charge is paid.

The BBFC website used to carry the following FAQ:

It is legal to import foreign DVDs for the sole use of the importer. However, consumers should be aware that if an unclassified video or DVD is purchased within the UK via a non-UK website, the arrival of that video or DVD in the UK constitutes part of a 'supply' within the meaning of the VRA. Although you will not be liable to prosecution (provided that the work is not obscene or otherwise illegal), Customs and Excise are entitled to seize any unclassified videos and DVDs ordered from abroad because the 'supply' of unclassified works to consumers within the UK is illegal under the VRA.

It seems that a media industry trade body had put together the suggestion. It didn't really convince the authorities that such seizures would be legal. Customs have decided that they would only seize DVDs that they considered illegal due to content. But customs do report suspected commercial quantities of unclassified films to Trading Standards etc.

After further enquiries about this advice the BBFC have now changed their FAQ to:

It is legal to import foreign DVDs for the sole use of the importer, provided that (i) those DVDs are not to be resupplied in the UK and (ii) those DVDs contain nothing in breach of the Obscene Publications Act or other relevant laws.

Yes, material outside of the BBFC guidelines is still being seized. See the seizures list for further details