Loophole exposed in DVD age act

A loophole has been exposed in the act that prevents the sale of DVDs and video games to underage customers.

The Department of Culture, Media and Sport (DCMS) issued a letter on Monday in which it stated that the Video Recordings Act 1984 is "no longer enforceable", as it had not been properly implemented.

Under the EU Technical Standards and Regulations Directive, member states wishing to impose new laws and regulations must notify the European Commission. The UK Government did not do so when the bill was approved in 1984.

Previously, retailers who were found to be in breach of the act faced a maximum penalty of £5,000 and six months in prison.

The DCMS said that previous convictions will stand, and that it is currently working on an amendment to the law. However, due to EU consultation processes this will take at least three months, during which time the law will remain unenforceable.

The minister for culture and tourism, Barbara Follett, asked for assistance from retailers in "ensuring that this matter is handled with some care and sensitivity and to ensure minimal advantage can be taken of the gap in the enforcement regime".

The Association of Convenience Stores advised retailers selling or renting DVDs and video games to "continue to voluntarily abide by the age restrictions until the loophole can be closed".