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Question mark over selling of profane CDs -- Government seeks legal advice

Government's Consumer Affairs department is seeking legal counsel regarding explicit language stickers on compact discs.

A Royal Gazette investigation revealed a grey area regarding the sale of CDs which contain profane language.

Environment, Development and Opportunity Minister Terry Lister said the Ministry is determining what the law says in regard to selling profane CDs.

"This is why we've directed Consumer Affairs to consult the Attorney General's Chambers,'' he said.

"In fact, I'm going to check on it myself,'' and he hoped the consulting would be completed "fairly soon''.

He told The Royal Gazette , he does not consider the merchants selling profane language CDs to be the "guilty parties''.

"In our experience, we've had a very successful relationship with merchants,'' he said.

The Royal Gazette investigation was launched when Donna Place called and complained that her 14-year-old brother bought an explicit language CD from The Sound Stage music store in Washington Mall.

The explicit lyrics stickers on the front of the CDs are used to regulate the distribution and sale to minors in the US and UK.

"The CD was clearly labelled explicit lyrics,'' said Mrs. Place.

However, there is doubt in some Government departments as to whether or not US regulations apply to the sale of CDs in Bermuda.

A Government Information Services spokesperson said: "There is no law that the content of CDs or records must conform to a certain standard.

"This is something that might have been done in the US legislation because it could not be done on a whim,'' he added.

Joseph Lopes, owner/manager of The Sound Stage music store, shrugged when asked what the regulations regarding sales were.

"I have no idea -- no one has ever contacted me or said anything,'' said Mr.

Lopes.

He denied an accusation of irresponsibility after Mrs. Place lashed at him for selling the CD containing explicit lyrics to her brother.

But Mrs. Place said: "We talk about hearing the children talking like that, on the school bus, and here the shopkeepers are selling it.

"They need to be made aware. I think they should be held accountable,'' she added.

Mr. Lopes said that if children get hold of CDs, it was not due to a lack of vigilance on his part.

"Our policy is that I point out the explicit lyrics sticker and offer a clean version -- most times we have a clean version,'' he said.

Mr. Lopes said most people laugh at that option.

"I say `Check with your parents' and if the CD comes back sealed, we don't have a problem with refunding them,'' he said.

"It's not a case where they hand us the money and we give them a CD,'' he added.

Mr. Lopes said 95 percent of rap music has an explicit lyrics sticker and said Mrs. Place was asking for extreme measures.

Mrs. Place approached Mr. Lopes and asked him to post a photo of her younger brother for store employees, so they know not to sell the youth any explicit lyrics CDs.

And Mrs. Place accused merchants of not "watching out or protecting our youth on the part of the community''.

She said parents or guardians should be with the child when the child purchases the music and called for all types of explicit music to be banned.

Mr. Lopes defended himself, telling The Royal Gazette , the measures are often circumvented when older people buy the music for younger people.

He denied that his company sells explicit CDs to children that are obviously underage, but he said at about 14 years-old, age can be hard to determine.

Mr. Lopes disagreed with her verbal assault on him via the media but voiced his dislike towards selling some merchandise.

A question of taste: The CD at the centre of the complaint.

ENTERTAINMENT ENTERTAINERS ENT