Civil Law (Miscellaneous Provisions) Act 2008

69.

Amendment of Video Recordings Act 1989.

69.— The Video Recordings Act 1989 is amended—

( a) in section 3—

(i) by deleting subsection (2), and

(ii) by substituting the following for subsection (4):

“(4) The applicant shall—

( a) submit to the Director of Film Classification a video recording of the video work to which the application relates and such other information as may be reasonably required by the Director, and

( b) shall pay to the Director, in respect of the application, such fee appropriate to the application as may be prescribed in accordance with section 31(3).”,

( b) in section 4, by substituting the following for subsection (1):

“(1) When granting a supply certificate the Director of Film Classification shall determine, and shall include in the certificate a statement indicating, to which of the following classes the video work concerned belongs—

( a) fit for viewing by persons generally,

( b) fit for viewing by persons generally but, in the case of a child under the age of 12 years, only under parental guidance,

( c) fit for viewing by persons aged 12 years or more,

( d) fit for viewing by persons aged 15 years or more,

( e) fit for viewing by persons aged 18 years or more,

and—

(i) for the purposes of this Act, the class specified in paragraph ( a) is the highest classification and that specified in paragraph ( e) is the lowest classification and that specified in paragraph ( b) is higher than that specified in paragraph ( c) and that specified in paragraph ( c) is higher than that specified in paragraph ( d), and

(ii) references in this Act to classification or higher classification or lower classification shall be construed in accordance with paragraph (i).”,

( c) by inserting the following after section 4:

“Prohibition of supply of video works to persons who have not reached relevant age.

4A.— (1) It shall be an offence for a person to supply or offer to supply a video recording containing a video work to a person who is not a member of the class for which the video work has been certified fit for viewing under section 4(1).

(2) In proceedings for an offence under subsection (1), it shall be a defence for the person against whom such proceedings are brought to prove that he or she made all reasonable efforts to satisfy himself or herself that the person to whom the alleged offence relates was at the time of the alleged commission of the offence a member of the class for which the video work concerned has been certified fit for viewing.

(3) For the purposes of subsection (2), the physical appearance or attributes of the person to whom the alleged offence relates may be taken into account.

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

( a) on summary conviction, to a fine not exceeding €2,000 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.”,

( d) in section 5(3)( a), by substituting “€2,000” for “£1,000”,

( e) in section 6(3)( a), by substituting “€2,000” for “£1,000”,

( f) in section 8(3)( a) , by substituting “€2,000” for “£1,000”,

( g) in section 9(3)( a), by substituting “€2,000” for “£1,000”,

( h) in section 11(4), by substituting “€2,000” for “£1,000”,

( i) in section 12(5), by substituting “€1,000” for “£500”,

( j) in section 13(4), by substituting “€3,000 or to imprisonment for a term not exceeding 12 months or both” for “£1,000”,

( k) in section 16(3)( c), by substituting “€2,000” for “£1,000”,

( l) in section 19(5), by substituting “€3,000” for “£1,000”,

( m) in section 20(3), by substituting “€3,000” for “£1,000”,

( n) in section 21(4), by substituting “€2,000” for “£1,000”,

( o) in section 22(3), by substituting “€1,000” for “£500”,

( p) in section 25(2)( b), by substituting “€2,000” for “£1,000” in subparagraph (i) and “€1,000” for “£500” in subparagraph (ii),

( q) in section 31, by inserting the following after subsection (2):

“(3) The Minister may, with the consent of the Minister for Finance—

( a) subject to paragraph ( b), prescribe the fees to be paid by applicants under section 3,

( b) prescribe the fees (being fees lower than the fees prescribed under paragraph ( a)) to be paid by applicants under section 3 in the case of video works that are—

(i) likely to appeal only to a limited or specialist audience, or

(ii) are to be distributed for charitable purposes, and”.

( r) in section 33, by substituting the following for subsection (2):

“(2) The fees charged under this Act shall not be fixed at a level calculated to produce an annual amount which is less than that sufficient to discharge the expenses incurred in the administration of this Act.”.