Dryzner & Anor, R v
The provisions of the Video Recordings Act 1984 are lawful, necessary, justified for the protection of health and morals, and fall within the qualifications of article 36 TFEU and article 10(2) ECHR; leave to appeal is refused.
- Parties
- Applicant: Ewa Dryzner; Applicant: Play Media Distribution Limited; Respondent: Crown; Respondent: Treasury Solicitor
- Jurisdiction
- England and Wales
- Judgment Date
- 14 November 2014
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
- Outcome
- renewed applications for leave to appeal refused
- Legal Topics
- Video Recordings Classification, Freedom of Expression, Trade Restrictions, Public Morality
Case Brief
Summary, issues, holding and outcome
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Parties
Ewa Dryzner
Applicant
Play Media Distribution Limited
Applicant
Crown
Respondent
Treasury Solicitor
Respondent
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Legal Issues
- 1 Whether section 9 of the Video Recordings Act 1984 breaches article 34 of the Treaty on the Functioning of Europe
- 2 Whether section 9 of the Video Recordings Act 1984 is incompatible with article 10 of the European Convention on Human Rights
- 3 Whether the classification regime is disproportionate and infringes rights under article 10 ECHR
Ratio Decidendi
The provisions of the Video Recordings Act 1984 are lawful, necessary, justified for the protection of health and morals, and fall within the qualifications of article 36 TFEU and article 10(2) ECHR; leave to appeal is refused.
Court Disposition
renewed applications for leave to appeal refused
Orders
- No order as to costs
Full Case Text
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