14 Supply of video recording containing false indication as to classification.U.K.
[F1(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
[F2(a)the video work is an exempted work, or
(b)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 subsection (1) above 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
[F3(ia)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,], or
(ii)that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) or (5) of this Act, 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 falling within section 7(2) of this Act (including any advice falling within paragraph (a) of that subsection) contained in the certificate, unless
[F4(a)the video work is an exempted work, or
(b)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 subsection (3) above to prove—
(a)that the accused believed on reasonable grounds—
[F5(ai)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,]
(i)that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) or (5) of this Act, 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.
[F6(5)A person guilty of an offence under subsection (1) or (3) above shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.]]
Textual Amendments
F1Ss. 1-17 repealed and revived (21.1.2010) by Video Recordings Act 2010 (c. 1), ss. 1(1), 2(2) (with Sch. paras. 2(2), 6)
F2Words in s. 14(1) inserted (1.5.2012) by Digital Economy Act 2010 (c. 24), s. 47(3)(c), Sch. 1 para. 9(2); S.I. 2012/1164, art. 2(b)
F3S. 14(2)(a)(ia) inserted (1.5.2012) by Digital Economy Act 2010 (c. 24), s. 47(3)(c), Sch. 1 para. 9(3); S.I. 2012/1164, art. 2(b)
F4Words in s. 14(3) inserted (1.5.2012) by Digital Economy Act 2010 (c. 24), s. 47(3)(c), Sch. 1 para. 9(4)(a); S.I. 2012/1164, art. 2(b)
F5S. 14(4)(a)(ai) inserted (1.5.2012) by Digital Economy Act 2010 (c. 24), s. 47(3)(c), Sch. 1 para. 9(5); S.I. 2012/1164, art. 2(b)
F6S. 14(5) inserted (3.2.1995) by 1994 c. 33, s. 88(6)(7); S.I. 1995/127, art. 2, Sch. 1