The public prosecution department has decided not to take legal action against a porn company which used a Catholic church in Tilburg as the setting for one of its films, broadcaster NOS said on Tuesday.

The Sint Jozefkerk authorities made a formal complaint against the makers of the film, which was broadcast on an internet channel run by Dutch porn star Kim Holland. The film included a couple having sex in a confession booth.

‘We consider it to be insulting and showing a lack of respect but we do not think that the law has been broken,’ the department told NOS. ‘Blasphemy is not a criminal offence and there is no question here of trespassing.’

Although the church could take out a private prosecution against Holland, warden Harrie de Swart said he considered the case closed. ‘I know the bishop is considering a civil case against the makers but I am advising against it. There has been enough fuss already.’

Kim Holland earlier apologised for the action and said it was down to an independent producer. Her company has also been involved in making sex films at the Walibi amusement park.