Adult retailer AdultShop.com has vowed to appeal to the Federal Court after its attempt to legalise the sale or hire of pornographic videos in WA was scuppered by the Office of Film and Literature Classification.

The WA-based company took its case to the OFLC in a bid to have a film called Viva Erotica, which depicts real sex between consenting adults, rated R instead of X. Under State law, any R-rated video can be sold or hired in WA, but videos depicting real sex are usually given an X rating. X-rated films can only be sold or hired in the ACT and Northern Territory.

AdultShop.com's case was based on recent polling which suggested most Australians were no longer offended by pornographic films.

But the OFLC yesterday unanimously rejected AdultShop.com's appeal against Viva Erotica's X-rating.

AdultShop.com chief Malcolm Day said he was disappointed at the decision and would appeal to the Federal Court.

He said he had provided considerable evidence to the OFLC about changing community standards.

"Today the majority of Australian adults aren't offended by these types of films," he said. "But I suppose when you go to the Federal Court at least you have a judge who looks at the law and takes that into account instead of the situation you get with a board like the OFLC."

Previously, adult retailers had pushed for videos which showed sex to be given their own classification called non-violent erotica.

They wanted the States to allow the sale and hire of NVE films.

Source: The West Australian, 8th December 2006