Video Recordings Act, 1989
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Prohibition of exhibition of certain video works. |
11.—(1) Subject to subsection (2) of this section, a person who causes or permits, or is concerned in causing or permitting, a video work in respect of which— | |
(a) a supply certificate is not in force for the time being, or | ||
(b) a prohibition order is in force for the time being, | ||
to be viewed— | ||
(i) elsewhere than in a private dwelling, | ||
(ii) in a private dwelling for reward, or | ||
(iii) in a private dwelling by persons other than himself, the occupier of the private dwelling where it is viewed, members of the family or the household of himself or of such occupier or bona fide guests of himself or such occupier, | ||
shall be guilty of an offence unless, in a case to which paragraph (a) of this subsection applies, the video work is an exempted work. | ||
(2) Subsection (1) of this section does not apply in relation to the viewing of a video work if the viewing is only— | ||
(a) by persons to whom a supply of a video recording containing the work would be an exempted supply by virtue of paragraph (b), (c), (d), (e), (f) or (g) of section 2 (1) of this Act, or | ||
(b) to such limited extent as is in accordance with a permit under section 16 of this Act authorising the importation into the State of a video recording containing the work. | ||
(3) 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) if the charge of the offence is one to which paragraph (a) of subsection (1) of this section applies, that the video work concerned 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, | ||
(b) if the charge of the offence is one to which paragraph (b) of the said subsection (1) applies, that— | ||
(i) the video work concerned was not a work in respect of which a prohibition order was in force at the time of the commission of the offence alleged, or | ||
(ii) the viewing concerned was only to such limited extent as was in accordance with a permit under section 16 of this Act authorising the importation into the State of a video recording containing the video work concerned, | ||
or | ||
(c) that the persons viewing the video work concerned were persons to whom the supply of a video recording containing the work would be an exempted supply by virtue of paragraph (b) or (c) of section 2 (1) of this Act. | ||
(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,000. |