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Extreme Porn Consultation...

Response from IanG


A critique of the Government’s proposed legislation on ‘extreme’ pornography

Response from Ian G

November 2005


My responses to the specific questions raised in the consultation document are as follows:

1. Do you think the challenge posed by the Internet in this area requires the law to be strengthened?

No I do not. The Internet is the people’s only truly free medium for freedom of expression. The question actually asks whether we feel the Internet should become yet another medium for State oppression. It is not the Internet that would be censored, as we know this is virtually impossible, the proposed law will target people not the Internet. This is clearly a means of virtual electronic book burning via self-censorship. Moreover, it is self-censorship that cannot be guaranteed, as we, the Internet users, cannot be sure what is on the end of a mouse click until after it has loaded. Thus, even if we all agreed with the premise that violent porn should be outlawed, we could never protect ourselves 100% from exposing our computers to it. Nor could we ever prove any outlawed material that came to be on our machines was there purely accidentally because there would always be a trail showing we had clicked on a link and received said images.

It would also seem prudent at this juncture to introduce the concept of pluralism and tolerance. Why would anyone who claims to be in favour of creating a “Just and Tolerant society” suddenly decide that many millions of people that enjoy doing something, without ever becoming a nuisance to society, should be singled out for punishment? This is somewhat reminiscent of Nazi Germany’s attitudes to Jews in expressing an abhorrent and unfounded hatred for some section of society simply because they are different.

It might also be worthwhile pointing out that the people that make ‘realistic depictions’ of certain acts do so of their own free will and, moreover, have a perfectly legitimate right to express their sexuality in ways other people may indeed find abhorrent. We all have a right not to believe in conservative, fundamentalist dogma, which appears to be at the root of these proposals. Consenting adults should be free to share their sexual experiences with other like-minded, or simply curious, individuals. Any interference, where not strictly justified by proof of harm, can only be construed as an abuse of fundamental Human Rights.

2. In the absence of conclusive research results as to its possible negative effects, do you think that there is some pornographic material which is so degrading, violent or aberrant that it should not be tolerated?

No I do not. In the absence of any evidence of harm what is the law to protect us from? Our own misguided opinions perhaps? Indeed, is the law now to be used to enforce intolerance and if so, how is that justified without any evidence to support that most vile position? Are we not trying to create a “Just and tolerant society”? Are we to suffer unjust and unjustified laws?

This question is also extremely misleading. All the evidence from around the world not only suggests there are no negative effects but actually shows there are positive effects from the availability of this kind of material. One need only consult the work of Dr. Milton Diamond and Dr. Beryl Kutchinsky to discover that the Obscenity laws in Britain, as enforced by our Courts and censorial bodies, are actually adding to the problem of sexual violence in society. The law is already acting in direct opposition to the welfare of the people and now you aim to add fuel to the rights-abusing fire? What happened to reason, logic and above all else hard scientific fact? Is the law to become nothing more than the sounding board of the puritanical zealots? Are we to suffer yet another Inquisition on the basis of beliefs? This consultation is a farce. The whole premise behind it is nothing more than a puritanical crusade through people’s private affairs. Leave us alone to enjoy our own sexual fantasies. The law has no place invading my mind or anyone else’s.

This country has a long history of imposing baseless, irrational, rights-abusing laws. For decades homosexuals were persecuted under the law for their ‘aberrant’ behaviour. That law was wrong and so is this attempt at branding some strange fetishes as being too strange to be legal. What’s next, a law which bans oral sex or only permits sex between married couples? We might laugh but in some States of the USA such laws exist and are actively enforced! This consultation is not only a farce it is an insidious attempt not only to gain the approval of the religious conservative right but also to impose their ‘standards’ on the vast majority who do not share their fanatical zeal. Shame on anyone who supports this proposal, they are all nothing but illiberal, narrow-minded, intolerant fascists.

3. Do you agree with the list of material set out (in paragraph 39)?

No I do not. Where’s the harm and the evidence of that harm? Is this merely an attempt to protect people from offence? No one has a right not to be offended. Having the right to cause offence is the cornerstone of a democracy. The law cannot be used to protect people from offence else we lose our democracy. I might add that the ‘Pagan’ community, and by ‘Pagan’ I include secularism as this most definitely falls outside orthodox religion, have rights to worship in ways the Christian community may find abhorrent but as this is a matter of conscience and religion it is protected under Human Rights Legislation. Sex with animals, corpses etc. could all be justified in a ‘Pagan’ context of worship and is therefore protected by Law.

4. Do you believe there is any justification for being in possession of such material?

As a matter of fact yes I do and it is called Freedom of Expression. “Do you believe there is sufficient justification to lock people away for indulging their sexual fantasies?” might be a better question. That is after all what this whole piece of Home Office propaganda is about isn’t it? - Prosecuting people that think differently from some assumed line in the sand definition of sexual normalcy? There is no such thing as normal. We are all very different individuals, products of our upbringing and environment. And contrary to what our legislators want us to believe, when it comes to creating ‘normal’ productive members of society with no strange sexual fetishes, then the best environment for that is a sexually open one free from stigma and draconian morality legislation. Of course no one in Government knows that because no one in Government has looked at the facts and acknowledged that everything they believe is adding to the problem of sexual violence in our society. Ignorance is devastating!

5. Which option do you prefer?

Obviously I choose option 4 – Do nothing.

6. Why do you think this option is best?

Because there isn’t a problem, only a perceived problem in the minds of those who cannot think beyond their own puritanical perversions. What some see as violent and degrading, others see as being fun and exhilarating. It is not for any Government to dictate sexual tastes or preferences. Protection of children’s welfare is one thing, cracking down on what adults find pleasurable to look at is another thing entirely. The problem throughout this consultation is the inclusion of the phrase ‘realistic depictions’. Such material does not cause harm to the participants or viewer. We see endless people being shot, stabbed, run through and hacked to death with ‘light sabres’, being blown to pieces, taking drugs, being run down by cars etc. in numerous mainstream films. All these acts are ‘realistic depictions’ of violence against people and yet no action is being proposed to make criminals of people in possession of these images. If however, we add some nudity, some hint of sex then suddenly the Government jumps on the anti-porn bandwagon. It’s total and utter repression. You people need to grow up and behave like adults for a change. You need to do some research and ensure your opinions in this area actually stand up to scrutiny because I can assure you they do not. I don’t suppose it occurred to anyone at the Home Office that this sort of self-righteous puritanical pseudo moralistic claptrap is exactly the sort of brainless dogma behind terrorist suicide attacks? You are just attacking people that think differently and do not fit some idealistic picture of the ‘perfect society’ you have painted in your heads.

7. Which penalty option do you prefer?

Penalties for doing what exactly? Looking but NOT doing? It is time to look at some FACTS:

Spain and Portugal impose no censorship and no age limits on the material their citizens’ view. Both of these countries exhibit the lowest sex crime rates in the whole of Europe.

In the 1990s a study in Japan revealed that a rising sex crime trend had been reversed and reduced by a staggering 86% by relaxing out-dated US-imposed morality-based censorship of the kind outlined in this consultation. The Japanese produce the most ‘violent and degrading’ porn in the world, so much so the BBFC have great difficulty passing Japanese films uncut if granting a certificate at all. For all the availability of this ‘extreme porn’, Japan now boasts the lowest rate of sexual offences anywhere in the World. This material isn’t merely harmless, it is positively beneficial to society, so why on earth does this Government want to ban it and imprison the people who look at it? Have those in Government any idea of how to create that mythical “Just and Tolerant society” we’re always being promised? Has anyone in Government considered looking at real crime figures from other countries with different perspectives on public morality, obscenity and censorship? Because when you do look at the evidence, it becomes abundantly clear that all our obscenity laws are wrong and dangerously so. A secular society cannot afford to rely on beliefs if it is to remain secular and if it is to make progress. We cannot afford to pass law based on puritanical opinions because this inevitably ends in discrimination, intolerance and conflict. The Law must be Just if it is to serve Justice, it must therefore only punish those guilty of perpetrating real and manifest harm. And by all accounts, the people causing the harm in our society are those enforcing our outdated obscenity laws!

I cannot stress this point enough. From all the available evidence, it is the attitudes of the legislature and particularly the Obscenity laws in this land that need a serious overhaul. The Human Rights Act makes it clear that we should not impose law that threatens the moral and psychological welfare of the people. Yet, all our draconian obscenity and censorship law does just that – it creates a stifling environment that promotes the production of the ‘sexual deviants’ this proposed law is aiming to persecute. The attitudes toward sex in this country create the very people we despise most. It is therefore essential that the Government stop trying to interpret the harm we are to protect people from to suit their ingrained idealistic notions of morality. Freedom of Expression exists to “challenge States and opinions” in order to “progress society”. Clearly, enforcing ‘Victorian’ standards of morality cannot be viewed as making progress. Clinging to outdated notions of what constitutes harmful material, when all the evidence indicates the opposite is true, cannot be justified. In short, the Government must not and cannot be allowed to legislate what would constitute an Act of Human Rights abuse.

Sexual material that was once believed to be harmful has now been shown throughout the world to be helpful in combating real sexual abuse. If the Government were serious about tackling the ‘causes of crime’ they would be making all types of pornography available to anyone who wanted to see it no matter what their age or sexual tastes. Only those people who are unable to satiate their sexual fantasies through safe mediums such as films actually go and act them out on real victims. This is the truth of the matter and there is over 30 years worth of hard criminal evidence to back it up. The days of moralistic opinions and State imposed repression are over, and this Government would be wise to review all the relevant data before proceeding any further with this dangerous crusade. To continue to deprive the ‘depraved’ of safe and easy outlets for their sexual needs places women and children in very grave danger. This is blatantly common sense. And, it places a very different slant on what ‘needs to be done’ in order to ‘protect women and children’ from serious sexual abuse, none of which appears to have crossed the minds of the bigoted fools who created our obscenity laws or this despicable consultation propaganda.

Justice can only be served by the truth. To pass law, which is based on bigoted, puritanical opinions with no firm basis in fact or truth, can only be viewed as a gross dereliction of duty. You may ‘believe’ people are corrupted by sexually violent material but until there is proof this is so then that has as much foundation as a belief in the Tooth Fairy. You may ‘believe’ this is a way to engineer a better or ‘purer’ society but experiments in eugenics often turn out to be nothing but physical and mental abuse. We are not Saints or Angels we are Human Beings. We cannot control our sexuality just as we cannot control the onset of puberty. We are sexual creatures and it is an evil man who would dictate what his fellow man shouldn’t, can’t or won’t find erotic. It is also known that to interfere with the sexual development of a person especially by restricting their sexual freedom and curiosity can and does result in sexual deviance. Perhaps the best example of the type of behaviour denial of our sexual fantasies can produce comes from the disproportionate number of paedophile priests. I ask you, if men who are dedicated to religious piety cannot control their sexual urges and resort to taking advantage of children then what is the likely result of telling ordinary people with strange fetishes they cannot view the types of images they want to view? The fact these strange fetishes may be a result of living in a repressive environment should cause us to examine the laws and attitudes in this land very carefully indeed.

This is supposed to be the ‘age of reason’ yet all reasoning appears to have been pushed aside in favour of bleeding heart emotional knee jerking typical of British Governments. With luck the proposals in this consultation will have met with the overwhelming derision and contempt they deserve. All the evidence from many years of study tells us we should not be looking at strengthening our grip on sexual freedom but relaxing it.