§ Mr. Gareth Wardell (Gower)I beg to move,
That leave be given to bring in a Bill to prohibit the rental of video cassettes of adult category to children and young persons.The obscenity law in Britain has clearly failed to keep abreast of developments in porno-electronics. Before a ruling by the Court of Appeal in 1981, following a reference by the Attorney-General, a video cassette was not an article within the meaning of the Obscene Publications Act. Before a case heard at Willesden magistrates' court in September this year there had been no action before the courts with regard to gratuitous violence on video cassettes.Thus, with the video revolution expanding at an exponential rate, and with the value of imported video machines from Japan into the United Kingdom exceeding the value of imported cars from that country, the law in Britain today allows the Director of Public Prosecutions to bring proceedings under the Obscene Publications Act 1959 when reference to pornographic video material is made. The law also extends his province to include video cassettes portraying cruelty and extreme violence.
What is the practical meaning of the present legal position? To date, all cases involving video cassettes that have been subject to legal proceedings have taken place in local magistrates' courts. The proceedings are civil rather than criminal, and the worst that can happen to the defendant is that he loses what was seized from him. There is no question of his being fined or imprisoned in addition. The consequence is that police forces throughout the country are faced with severe operational difficulties. Premises are raided and obscene cassettes removed, but as soon as the police officers have left the premises the cassettes are replaced on the shelves.
I have been afforded the opportunity to view examples of the obscene cassettes, but it is not my intention to name their titles or to describe in detail the distasteful fricassee of pornography, rape and murder that they portray. I am sure that if all hon. Members took the opportunity to view this material they would agree that the time is ripe for something to be done about this slur on British life today.
A young person or a child is today at perfect liberty to hire obscene cassettes from retail shops in our high streets, to return to their homes and clandestinely to view the material on a video machine. The information that I have collected from within and without the constituency of Gower has convinced me that this practice is both widespread and growing.
It is appropriate today that the House should focus attention on the heavy responsibility carried by any parent who permits a video machine in the home. It is a potentially dangerous weapon that may be used to attack the emotions of our children and young people.
Video is a medium designed for private exhibition, and that medium can—in intimate conditions that lack the distancing effects of public cinema screening—create the glorification of sexual violence. Yet a censored film which for public exhibition in a cinema carries an X certificate may be hired on video cassette in an unabridged form by a child. Children and young persons must be protected.
309 For television viewing, the IBA code on broadcasting underlines the fact that
Scenes which may unsettle young children need special care. Insecurity is less tolerable for a child—particularly an emotionally unstable child—than it is for a mature adult. Research evidence shows that the socially or emotionally insecure individual, particularly if adolescent, is specially vulnerable. A civilised society pays special attention to its weaker members.The Bill will offer an element of protection to children and young persons where no protection exists at present.
§ Question put and agreed to.
§ Bill ordered to be brought in by Mr. Gareth Wardell, Dr. Roger Thomas, Mr. Tim Sainsbury, Mr. Tom Clarke, Mr. Jim Callaghan, Sir Bernard Braine, Mr. Ken Eastham, Mr. Don Dixon, Mr. A. J. Beith and Mr. Ray Powell.