FAQ Is it legal to import hardcore DVDs and videos to the UK

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


What is Legal?

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.




How can I import Hardcore videos and magazines
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




What about import duty?
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.




Are there other any other Customs restrictions
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 the media industry had put together the suggestion but it didn't really convince people that such seizures would be legal. Customs had decided that they would only seize DVD that they considered illegal due to content and in addition they report suspected commercial quantities located 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.


Is material still being seized?
Yes, material outside of the BBFC guidelines is still being seized.