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 2005: April-June

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Stitched Up Mark on Ofwatch
Pinning Ofcon Down John Glover, Senior Programmes Executive, Ofcom
IanG (June)
John Glover, Senior Programmes Executive, Ofcom
IanG (June) Formal Complaint to Ofcom
John Glover, Senior Programmes Executive, Ofcom
IanG (June)
John Glover, Senior Programmes Executive, Ofcom

Gagging for Repression

IanG (June)
Dan (june)
Appealing for Our Rights Shaun (June)
Adult DVDs Driven Offshore IanG (June)
Incitement to Incite Hatred Rohan Jayasekera, Index on Censorship (June)
Polly Toynebee writing in the Guardian (June)
Auditors Need Auditing Shaun (June)
Habitual Censorship IanG (June)
The Melon Farmers (June)
Ofcon Paul Taverner on OfcomWatch
Shaun (May)
Dan (May)
IanG (May)
Russ on OfcomWatch (May)
IanG (June)
Kit Ryan from Ofwatch (June)
Inconsistent Rights Abuse Editor, World Sex News (May)
IanG (May)
No Glamour in Bad Law Alan (May)
How Melon Farmers See US Nutters Seeing Europe IanG (May)
Indecent Justice IanG (May)
Piss Poor Explanation Murray Perkins, Senior Examiner, BBFC (May)
Shaun (May)
Watching Mediawatch Dan (April)
Why is Sex Taboo? IanG (April)

Unerotic Manchester Erotica

Simon (April)

 

Stitched Up

Mark
Opinion published on www.ofwatch.org.uk

So here is the (possibly) definitive position on consensual Hard-core pornography in the UK.

The Government's, BBFC's and Ofcom's official position:

  • To inform the public that Hard-core porn (R18) is categorically only available for purchase in person from a licensed sex shop.

The reality the Government, BBFC and Ofcom do not want the public to know;

  • Hard-core porn, classified R18, is perfectly legal to purchase and bring back to the UK in person.

  • R18 is perfectly legal to purchase a subscription card to decode the said material from a European satellite channel. (Ofcom's own acknowledgement that R18 material is only prohibited due to security reasons -PIN access. ESC are exempt as they do not broadcast on Sky's platform and require additional equipment/card to view.)

  • It is perfectly legal to subscribe to a VOD service on the internet that broadcasts R18

Conclusion:

 There are two possible reasons for the secretive stance on the above by the authorities:

  1. Religion. Too many of the UK authorities top jobs are held by opinionated religious control freaks, all working together to maintain the unjustified and unnecessary censorship of adult material. Helped by the obnoxious VRA.

  2. Europe. The authorities want all home grown products to be restricted far beyond proportion and necessity. Yet all appear terrified of restricting any trade from our European partners for fear of losing in the ECHR that would show that their unqualified, unjustified restrictions are just that.....bull

The Deal:

On paper it appears that everyone wins with the current situation, from the Government (maintaining censorship for their religious friends and The Daily Mall). The BBFC have the same reasons as the Government but more importantly also have the added jobs equation to consider (less restriction equals less employees). Brand spanking new Ofcom have been nobbled and told to maintain the prohibition of R18, for a never achievable acceptable security compliance, *but also told NOT to proscribe R18 European satellite channel for reason 2. Sex shops are very happy as they have no competition accept the pre-arranged agreement above (public knowledge). Adult Services (Playboy et al) are quite content with the current deal, they have no outside competition to worry about also their material is slightly stronger than BBFC 18 sex works certificated (another sweetener) to attract/maintain subscribers. Hypothetically, the Adult Services are also allow to increase strength if things change (another pre-arrangement).

So it's all sewn up sweet as a nut, everyone has a market and everyone is happy...but wait, there is a small problem to all of this nonsense, some of the small/medium producers of adult material are unhappy that they are not receiving a fair deal from Sex shop whom give them low returns for their R18 products, thus 8 companies have gone to the VAC and asked them to allow a more lucrative and less censored 18 sex works product, less all the restrictions above!

 The more I have thought about the above series of events the more I am convinced that their is a conspiracy to maintain an unwarranted, disproportionately level censorship to consensual adult material for political/religious and a selective pre-arranged industry interests.

The final turning point to convince me that there is something afoot about the whole situation was when the Judge in the appeal for distribution to R18 by mail order, acknowledged that the public can legally circumnavigate the current prohibition and buy R18 material on the internet form a European/worldwide companies but chose to ignore this and continue the ban for UK companies and UK web sites.

A final point that puts this whole draconian censorship in to perspective, the internet, adult magazines and mobile phones are exempt from this ridiculous tyrannical situation, hardcore is widely available on these mediums unrestricted. 

 

Pinning Ofcon Down

IanG
To Ofcom

I am appalled and dismayed at the complete ignorance and contempt Ofcom have displayed in the continued ban of R18 type material being broadcast via UK satellite (and UK TV full stop).

It is wrong to make any assumption as to the harm anyone of any age may suffer as a result of seeing human sexual activity no matter how graphic in its presentation.

You are reminded that this is a democratic and secular country and scientific proof is of the highest priority when making any judgements as to the need to restrict any form of material. In particular, and as a matter of UK law, you are required to read the rulings and case law of the ECHR in conjunction with UK legislation in order to make UK legislation compatible with Human Rights law. In this respect you have failed to make any such application of case law or scientific evidence. Indeed, in your own documentation you make mention of the fact that free access to pornography is known to be beneficial to those with sexual problems (I know, I supplied it to you in the consultation). If I may spell this out in real terms; we are talking about the possible prevention of some 18,000 (eighteen thousand!) cases of rape and child abuse that occur in the UK every year and which have increased year upon year at a rate of 10%. I put it to you that none of the UK's efforts to suppress explicit sexual material have gone any way to alleviating this rising trend. Moreover, throughout the rest of liberated Europe this trend has not been seen at all and the UK, Norway and the USA have all suffered very similar levels of film and TV censorship and have all displayed this worrying rise in sexual offences. In addition to sexual abuse, it is also a fact that teen pregnancy and the rates of sexually transmitted diseases have also increased over the years and again such trends have not been seen in other liberated European countries.

I would therefore like to ask: Why a slim possibility that some parents may not be astute enough in the care of their own viewing habits and those of their children, should warrant a total ban on R18 broadcast despite the fact such a ban has had no impact except a negative one on the sexual habits of young persons and adults alike? Where is the proof of moral and psychological harm you claim the broadcast of R18 material will cause, when a total ban on such material has had exactly the effect of increasing sex crime, teen pregnancy and the spread of STIs?

Why have you ignored six years worth of public consultations which show conclusively that 75% of the UK population are in favour of hardcore sex on pay TV? (And lets not pretend we don't know what "particularly explicit sexual material" means - the public are not fools even if you pretend to be!)

Why have you ignored the fact that only a tiny percentage of households that would subscribe to sex channels also contain children?

Why have you assumed watershed and PIN protection is less effective at protecting children than the watershed alone? Or are we to assume anything rated 18 is suitable for young children or indeed, softcore material is any less harmful than explicit sexual scenes? Did you not find for C4 and Five when they broadcast erections and intercourse late at night?

Is it not true that the truth never hurt anyone? That education is far better than prohibition? That imagined harm and threats are exactly what took the UK into disastrous war against Iraq? Your justification for your actions is lacking any logic whatsoever, in fact, it is non-existent. It is based on nothing more than an overactive imagination. Children grow up to be adults. From the age of 12 years, children in the UK are taught the 'facts of life'. They even get to see graphic portrayals of human sexual activity as part of that education. Your own imaginations and tastes are the only thing which are causing any harm in this area as evidenced by the rise in all the above sexual problems.

So we come to the law. The law requires you to offer protection to the young via several pieces of relevant legislation. The law also requires irrefutable proof of harm before any prohibition of any material can be legally enforced. I put it to you that you are instrumental in causing serious physical and psychological harm to those 18,000 women and children who are abused every year by men who are incapable of suppressing their own sexual desires. I put it to you that these man could relieve themselves if they were given easy access to the type of material they wish to see via TV. I put it to you that this continued ban is nothing more than a total misinterpretation of what the law actually requires you to do and, that this misinterpretation is entirely down to your own sordid imaginations and irrational fears.

I will not allow this abuse of our Human Rights to view any legal material by any means the public should choose and, the hidden abuse you cause indirectly to thousands of people every year, to go unchallenged any longer. It is time for some Justice. You have no case nor cause to support your position. I will take this to every newspaper, every child psychologist, every criminologist in the land if need be. This abuse must stop NOW and I mean NOW! That rule needs amending forthwith and I will settle for nothing less. Claim you made a mistake, the wrong version was published, or you have received expert advice but, change it or else!

I will state for your benefit that Spain and Portugal outlawed censorship 2 decades ago. Anyone of any age can view any type of material and yet, Spain and Portugal have the lowest incidence of sexual offences anywhere in Europe. If there were a country to supply evidence of any harm it would be these two but, they prove conclusively it is yourselves and the BBFC that are in the wrong in this area for unnecessarily restricting sexual material via the R18 certificate.

Now please, I beg, do the right thing for all our children's sakes and amend that rule or the members of Ofwatch will be rallied to take this case to the Human Rights Court where you will most certainly lose and, your powers to license and control anything will be revoked. I do not think it is a matter of "National Appreciation" that thousands of innocents are abused each year - Do you?

I expect a full and qualified response to the questions raised above. This abuse of everyone's rights and sexual wellbeing has gone on for far too long. You are supposed to serve the public, so serve the public!

 

John Glover
Senior Programmes Executive, Ofcom
From John Glover at Ofcom:

Thank you for your recent correspondence about Ofcom’s new Broadcasting Code.

I am sorry you are unhappy with the rule which prohibits the transmission of “R18” and “R18 standard” material. The decision was taken in line with Ofcom’s statutory duty to protect the under 18s from potential harm – and was reached after full public consultation, and in the light of research into the use of existing PIN security systems by both children and adults.

The details of Ofcom’s consultation on the Code, together with responses to various pertinent points (including those you have raised), are published on our website (beginning at page 108) at: www.ofcom.org.uk/consult/condocs/Broadcasting_code/bcstat/section2.pdf

Details of research into the potential harm to children; and into the use of PIN security systems by children are also on our website at: www.ofcom.org.uk/research/radio/reports/bcr/?a=87101.

Of course, I understand that this is a controversial area, and that you and others may disagree with Ofcom’s conclusions. However, I should point out that Ofcom did not conclude that “R18” was unsuitable for transmission per se – only that it could not be adequately protected from access by children under current systems.

Ofcom has stated publicly that it is willing to look at this issue again if technical or other developments mean that secure protection can be provided in future.

Thank you for your interest,
Yours sincerely,
John Glover
Senior Programmes Executive

IanG
To John Glover, Ofcom

I would like Ofcom's response to my direct questions, not an analysis of responses from the consultation. The reasoning behind your decisions based on those responses is irrelevant to the questions I raised.

I would also like to raise a further issue, which has now come about since publication of the Code, in that many adults who wish to view R18-type material are switching over to European providers. These services carry material far beyond R18 strength and DO NOT offer mandatory PIN protection. Ofcom have brought this situation about through their total ignorance of the rights of the viewer and you are clearly failing to protect children in these households. And let us not forget that you are powerless to stop the provision of these channels. There is no 'margin of appreciation', full stop!

It must also be stressed that if children can gain access to PIN numbers then the rest of your reasons for allowing 15 and 18 rated material to be broadcast at 'inappropriate times' become farcical. The harm from bad language, graphic violence, portrayals of sexual abuse and drug abuse, deserve far more attention than normal human sexual activity. Some understanding of the issues facing society and the human condition in general would have been far more beneficial to your decisions.

I will state once again that ignorance and censorship do nothing to educate and protect people from harm. Your own research offers no support to claims that children need protecting from sexual material. Children need protecting from sexual abuse, which is an entirely different issue and is KNOWN to be addressed through relaxation of censorial and puritanical notions of harm. Ignorance and hatred lead to abuse and violence. Education and acceptance lead to understanding.

Let me state this; the attitudes of people in Britain are the result of Government, religious and media brainwashing. The evidence from Europe and Japan clearly shows that it is this conditioning that leads to all the abuse and fear in our society. The purpose of Freedom of Expression is to challenge these attitudes and change opinions in order to 'progress society'. That is the legal understanding of Article 10 in the Human Rights Act and I fail to see how you DARE to stand in it's way based on 'infantile public opinions'.

Take a lesson from Norway. Norway has shadowed the UK and the USA with repressive notions of harm for the last century and suffered the same result, i.e. a sustained increase in sexual offences. Norway has now realised that these ideas of harm are are wrong and they are set to relax their idiotic stance. It is time for the UK to do the same and actually do something "about the causes of crime" and the causes of sexual abuse.

Finally, in response to your comment: However, I should point out that Ofcom did not conclude that “R18” was unsuitable for transmission per se – only that it could not be adequately protected from access by children under current systems.  Ofcom has stated publicly that it is willing to look at this issue again if technical or other developments mean that secure protection can be provided in future.

a) First prove there is a need for protection other than ridiculous and unfounded fears.
b) Parents can change their PIN code at will. Therefore adequate parental controls are already available.
c) No amount of technical intervention can ever replace parental responsibility. The roads would be full of dead children if this were not the case. Thousands would die from toxic poisoning by household cleaning agents if this were not the case.

Ofcom are failing in their duty to protect anyone with the continuance of these repressive notions, and rest assured, this will not be allowed to continue.
John Glover
Senior Programmes Executive, Ofcom
From John Glover at Ofcom:

Thank you for your further correspondence. I realise that you feel passionately about these issues, and that you disagree very strongly with the conclusions reached by Ofcom.

I can only say again that the decision was reached after extensive consultation; detailed research; and much discussion. We believe that process was robust but, of course, we can understand that others may have a different point of view.

I don't believe I can add any more. An extremely large amount of paperwork has been placed on the our website setting out Ofcom's position. I note your points, but I am sure you would accept that further correspondence is unlikely to be productive.
 
IanG   Formal Complaint

I beg to differ. Your decision was not reached by "extensive consultation" or "detailed research" and all your "discussions" have not been made public. As 76% of the public agree explicit sexual material should be on TV then it is Ofcom that hold a different point of view. As a democratic country you must yield to the majority opinion. Your opinion is based on one assumption only - that parents who subscribe to adult services are incapable of protecting their own children. The law of this land means that all R18 material has to be viewed in the home. The law of this land could find no reason to prevent R18 carrying explicit material. It is hard to understand how Ofcom dare to suggest the High Court were wrong in that decision to allow parents the right to protect their own children and view explicit material in the comfort of their own homes. But that is exactly what Ofcom have decided and that is a disproportionate restriction in Freedom of Expression. Ofcom are therefore in breach of the law.

How plainly must I spell out your duty to protect the under-eighteens is not supported by "Ofcom's position"?

Ofcom have taken an arbitrary stance on the unsubstantiated 'dangers' explicit sexual material may pose to younger viewers. This is despite no proof from child welfare/psychologists/sexologists to suggest there is any danger. Your position is therefore based on pure supposition and as such cannot be supported by the requirements laid down in the law.

If PIN protection is so useless then why allow the possibility of very young children viewing 15 rated material all day long? Why allow the possibility of young children viewing 18 rated material, some of which contains violent sexual abuse and explicit sexual scenes, not to mention blood, guts, swearing and drug taking? Ofcom's position is untenable, nonsensical and a blatant abuse of Freedom of Expression to those adults who would like to view non-aggressive and purely sexual material. And just how the 'strength of this material' is of any danger to children is beyond any logic. The display of a penis entering a vagina, mouth or anus poses no threat compared to that of a knife or 'light sabre' being thrust into someone's kidneys or neck. And lets not forget that CGI makes these acts of mutilation and violence appear as real as 'real sex'. Sex is natural, GBH and murder are punishable by law. Are you seriously suggesting you are protecting children from the most dangerous material? Pull the other one.

I do not accept there is nothing to discuss. There are a plethora of issues to discuss and a resolution must be sort. How can you refuse to answer the points I have raised? These are extremely serious and the material you have chosen to allow is highly dangerous to impressionable minds. Remember your duty is to protect the 'moral and psychological development of children'. So you are suggesting that extreme violence is not going to affect children in this way but perfectly natural human sexual behaviour is? Need I remind you that children are sexual creatures too? Boys and girls of 13-years (and younger) are having sex as borne out in underage pregnancies. No amount of censorial intervention has prevented this now or in the past. Ofcom's position is not only pointless, it is downright ignorant and simply constitutes an abuse of the rights of adult viewers, the vast majority of whom want sexually explicit material on specialist UK TV channels.

Clearly you are not serving the general public nor are you protecting children . This needs to be discussed and if you continue to refuse, it will be exposed in the press and you will be made to answer to experts in the field of child development. UK children are no different from those throughout the rest of Europe (or Japan) and so you do not have a leg to stand on. You are clearly maintaining a 'British' attitude toward sexual matters that should have been quashed in the 1970s. There is clear and irrefutable evidence in our criminal statistics to show that this 'British' attitude is what leads to the abuse of thousands of children every year. You dare to choose to ignore those findings? You are doing no one any favours and this will be exposed for the real abuse it is and the real abuse it causes.

Do not test me Mr Glover. I am sick and tired of listening to the childish prattle of tiny minds. I am sick and tired of the real hard criminal evidence being ignored. You and the other censors will all be brought to Justice and exposed as the sycophantic accessories to mass paedophilia if you do not buck-up your ideas. This cover-up in the guise of hysterical public opinion has gone on far long enough.

And may I remind you that the powers you were granted extend only to preventing the broadcast of obscene material such as child abuse, torture and bestiality. There is no precedent in law to allow the restriction of any legal material from being broadcast. Let me stress the strict test of 'general acceptability' must be legality. The rest of Europe is more than happy to use PIN and/or watershed time restrictions to allow all viewers access to all types of material. If there were any danger to children from explicit sexual imagery this would have been self-evident in Spain and Portugal who impose no censorship or age restrictions whatsoever and, it would have been seen in the rest of Europe where the technical provisions you claim are insufficient are taken as quite the opposite. How stupid do you want to look? You say PIN protection and an 8pm watershed are fine for sexual and violent 18 rated movies to be broadcast but PIN protection and a 10pm watershed offer no protection from natural R18 rated 'sex works'. It's utter tripe and it will never stand up to scrutiny and, if needs be, you will certainly be laughed out of court.

As you leave me no alternative, I wish to raise these issues as a formal complaint. I demand answers, nay, I demand you change your Code forthwith.

John Glover
Senior Programmes Executive, Ofcom
Thank you for yet more correspondence. In actual fact, your issues have been dealt with as a "formal complaint" from the beginning.

Your points are noted, but Ofcom's opinion of the legal position does not correspond with your own, for the reasons given in detail on our website. We really do not believe further correspondence will serve any purpose.

Speaking for myself, I find it disappointing that you choose to personalise these matters. Ofcom has always acknowledged and respected a range of opinion on this subject, and recognised that some might disagree with the final, considered judgement of the Boards. However, the decisions were reached in the light of robust examination of the issues.
 
IanG
Your continued refusal to enter any discussion is not acceptable. A formal complaint requires a formal response not a fobbing-off.

If you feel I'm taking this personally it is because you insult me by refusing to answer perfectly reasonable questions. If this is your idea of responding to a formal complaint then Ofcom truly do not deserve to be regulating anything. I find it extremely disappointing and very telling that you refuse to offer any answers to the points I have raised. Your Boards have not considered anything beyond their own beliefs and misguided interpretation of what the law actually says.

The case against you is far greater than you realise and there is no defence in your refusal to discuss these issues. I will openly present this case to the press so you'd better look it over and decide if you really want the truth, the whole truth and nothing but the truth to come out...

Fact: Japan reduced child related sex crime by some 86% by relaxing their censorship. Your rules are not protecting children from anything and indeed are placing them in danger. This is reported in the LSE review.

Fact: Sex crime throughout liberal Europe has not increased in 30 years. In prudish Britain it has increased at a rate around 10% per annum for the last 30 years. Again this is reported in the LSE review.

Please ask the Boards to explain their decision and their interpretation of protecting children in light of these facts because I fail to see the connection.

Furthermore, if PIN protection is so meaningless then I fail to see how children under eighteen will be protected from 18 rated material broadcast at 8pm if they cannot be sufficiently protected from R18 material being broadcast at 10pm. R18 material carries no risk to mind or body. 18 rated material contains nothing but harm to mind and body.

Someone somewhere doesn't know that violence is wrong and sex is natural. Someone somewhere thinks sex is evil and violence is good. Clearly someone somewhere has their priorities where the sun doesn't shine.

Facts are all that matter in law, not puerile puritanical opinions. The Boards' decisions are not based on the salient facts of child protection and thus they are wrong, pure and simple.

Japan changed their censorial opinions when abuse of teenage school girls reached 'epidemic' proportions of 1300 cases per year. According to the latest Home Office figures, 2600 children are sexually abused every year in the UK. On a per capita basis this is not twice the rate it was in Japan but 8 times higher. The Boards' decision is indefensible, totally irresponsible and completely unbelievable!

If you want me to get personal I'd love to know how you can live with yourselves? I sent all the above information and more for the Boards to consider during the consultation. The LSE review covered that same information and drew the correct conclusions. Your own review even quoted my responses on two items and you still reached the wrong decision based on completely bogus grounds! Are the Boards totally incompetent or just lunatics? What agenda are they working to, because it sure as hell has nothing to do with protecting children!

As for the law, may I remind Ofcom that you are required by law to apply ECHR Case Law when interpreting UK legislation such that you make it compatible with Human Rights Law. In the learned opinion of the ECHR:

"It seems also to be undisputed that a [broadcast] licensing system cannot be used for imposing censorship and cannot justify the suppression of legally permitted information and ideas." (Groppera AG v Switzerland, 1990.

Your interpretation of what the law permits in the way of broadcast suppression of legal material is clearly in error. Indeed, the Code has been in breach of the law since before Ofcom took over from the equally, 'status quo', rights-abusing ITC. If we couple the 'harm to morals and psychological development' elements from the HRA (which requires strict proof of that harm) with the above criminal facts then, you are clearly breaking the law by restricting material that does more known good to society than any possible imaginary harm to children.

The facts don't lie. The law is clear. I know I am right and I've got 30 years worth of criminal data and expert child psychosexual development research to prove it. The Boards are wrong and until Ofcom admit they are wrong and change that rule I will not cease in this quest. In light of all the evidence it is the only proper thing to do. As I said, you don't have a leg to stand on, because the whole issue of harm and right-abuse lies not with access to R18 material but in the suppression of it.

Somehow I don't think you will really want the British public to know the extent of the abuse and danger their children have been placed in because of the narrow-minded opinions of the religious right and our censorial bodies. Remember 76% of the population actually want R18 on TV. I don't have any kids and it riles me that the 20% minority have had their way in restricting my rights for decades. Imagine the backlash from all those parents whose kids have been murdered and abused over the years when they find out who's really responsible for the loss of life and innocence! What will people think when they discover overly protected children are known to develop paedophilic tendencies? Children need to learn about sex at their own pace to develop healthy attitudes to sex in adulthood. Only a parent and the child themselves is in a position to know if they want or need to know more about sex. It is not for anyone else to interfere. It is not for you or the Government to decide, not without causing a highly dangerous situation, which is exactly what all the evidence demonstrates has happened in Britain. So well done chaps! You are nothing but a bunch of sycophantic, rights-abusing, mindless puritans who don't know the first thing about protecting children. All the dangers of sexually explicit material exist only in your tiny sordid little minds and if you understood the evidence before you it would be obvious this is the case.

Please don't drag up circular arguments about paedophiles using adult porn to 'groom' children either. If those men had been allowed to develop normally as adolescents, at their own pace, they would not be paedophiles. You need to go back and understand why the law is written the way it is and understand exactly how to apply clauses relating to protection based on evidence, instead of your own opinions and the moral objections of religiously-motivated and brainwashed idiots. No other alternative is acceptable to me nor I dare say the vast majority of the secular public.

This is your last opportunity to respond in a proper manner to my questions otherwise you leave me no option but to go public with the real evidence of harm and the instigators of that harm. Remember, if there were any substance in your claims we would have seen evidence of real harm in Spain and Portugal who impose no censorship or age restrictions on explicit material whatsoever - Spain and Portugal have the lowest rates of sexual offences in the whole of Europe! You lot are wrong and dangerously so!

 

John Glover
Senior Programmes Executive, Ofcom
Thank you so much for giving me a "last opportunity". We really have nothing more to add to the three personal replies you have already been sent, plus the 89 pages of documents published so far on our website. This correspondence is now closed.
 

 

Gagging for Repression

Context
Plans by an Edinburgh cinema to show the famed Deep Throat have sparked protests in the Scottish Parliament.

A parliamentary motion has now condemned the documentary claiming it serves to undermine the role of women in society.

Shameful Shiona Baird, Green Party MSP for North East Scotland, said:
This documentary of a film which is widely held to have no cultural or artistic merit is no more than an attempt to legitimise pornography and condone the abuse and degradation of women. The motion was raised in opposition to the city council allowing this documentary to be shown. We need a society where there is freedom of expression without sexual violence towards women. Unfortunately, there is not a lot we can do now - this motion was our last chance. The film will be shown but at least we have raised awareness of the topic.
 
IanG
Let me rewrite this statement thus: "In my opinion this documentary of a film which is widely held to have no cultural or artistic merit is no more than an attempt to legitimise pornography and condone the sexual abuse and degradation of women" said Shiona Baird.

Obviously in Shiona's eyes the documentary is considered as 'terrible' as the BBFC approved film, Deep Throat itself.

I wonder, has Shiona ever given someone a blow job? Is what is seen in the film literally the abuse and degradation of women? No. All the abuse, if any occurred (even Ms Lovelace changed her mind twice about this issue) was off-screen at the hands of her then boyfriend and manager. If this were the 'doggy' film Lovelace made then perhaps I would go along with Baird's opinions but, even then, the BBFC have said if no harm is coming to the animal then it's hard to justify censorship (although of course the CPS might take a different view of bestiality).

Further, I thought since the year 2000 porn was legit in the UK, or are the BBFC passing illegal works? And as for the cultural and artistic merits of Deep Throat, one could ask the same questions of Shrek or Star Wars or <any film of the past 100 years>. The plain fact is anything but documentary is a piece of entertainment - sexually oriented or not - and can hardly be judged on whether it has any cultural or artistic merit. We could for instance relegate all horror and slasher movies to the 'not for human consumption' category based on these criteria.

Finally, and perhaps the most important point is, why single out women in porn films as objects of degradation and abuse? It has been well publicised by FAC (Feminists Against Censorship) that women are treated more equally in countries where porn is legal. Obviously the abuse of women's rights is top of Shiona Baird's agenda or, maybe she just isn't appraised of all the information and is just expressing her own personal beliefs as a representative of the people and women in her constituency? - which kind of suggests she really should not be representing anyone. So my version of the quote seems far more fitting to the occasion and thank goodness the city council hold a far more balanced opinion than Shiona Baird who should perhaps get back to campaigning on Green Party issues rather than her own misguided agenda.

Shameful Shiona Baird indeed.

To plagiarise a quote I saw recently,
Light travels faster than sound, which is why people look bright until they open their mouths.

 

Dan
I find it astonishing that Green Party MSP Shiona Baird has backed a motion opposing the showing of Deep Throat and of a documentary about this film when the Green Party are openly opposed to censorship of the pornography and sex entertainment industry.

Her tirade against pornography does not sit with the views of her party on this issue. Unless the Scottish branch of the Greens have an entirely different view on this issue to the others.

I find a memember of a party which claims to be tolerant to come out with such inane and ill informed bile against pornography as hypocritical in the extreme.

It seems some Green Party members need to discover what being liberal is all about.

 

Appealing for Our Rights

Context
Nine adult companies have got together with the aim getting hardcore material passed at 18 rather than R18. They have submitted hardcore material for an 18 and then appealed against the inevitable cuts. This will let them argue their case through the BBFC appeals procedure.

Getting hardcore passed as 18 will also serve to diffuse the current ludicrous ban on R18s on subscription TV and mail order R18s. UK sex shops are unnecessarily being discriminated against as all mail orders sales are being driven across to perfectly legal foreign operations.

The Video Appeals Committee (VAC) will hear the appeal on 23rd and 24th June. It will take place at: Congress Centre,
28 Great Russell Street
London
WC1B 3LS.

The Appeal begins at 10.30am on the Thursday morning and is open to the public
 

Shaun
I've sent this letter to the BBFC web master for him to forward to the Video Appeals Committee... I suggest others might want to send them something...

Dear Video Appeals Committee,

When considering the appeal against R18 classification and in favour of adult videos having a 18 rated classification, I would ask you to bear in mind that there is no real evidence at all that children are harmed by so called "adult" material, of the type currently classified as R18, and Ofcom have said as much in a document available on their website. This is not to say children should see the material, but to say that the harm is minimal should they do so. The BBFCs OWN research comes to that conclusion as well.

The R18 classification is currently a complete joke. It allows people with obvious biases and prejudices to control what we, a free people are allowed to see, by them refusing to issue licences to sex shops. It discriminates against disabled people, who are not allowed to order such material mail order, and cannot attend a sex shop themselves, perhaps because they are too disabled, or mildly disabled, needing assistance, which they dare not ask for, due to possible embarrassment on their part.

Also explicit material IS shown at 18, in films such as "9 songs" as if a seven year old, could determine the context of the material. Explicit sex scenes would either harm such a child, or they would not, and I submit that all known knowledge of this matter, clearly indicates that they would not harm the child.

I am aware of the recent trial concerning the Human Rights Act, and people selling R18 videos via Mail order. The judge came to the conclusion that the Human Rights Act, allows a "margin of appreciation", for the authorities in the country. However what he did not consider, is whether that margin of appreciation had been correctly applied. In classifying material R18, and thereby preventing it being sold mail order, I do not believe the margin of appreciation allowed by the Human Rights Act, is being correctly applied. Use of such a margin to limit freedom of expression, surely requires a proper test of real and manifest harm, which would be likely, if the material was to be more freely available, and yet, no one has ever been able to show that the material really is so harmful, that it cannot be sold more openly, subject perhaps to restrictions currently applied to top shelf magazines about what can be shown on the cover, etc.

I strongly believe that possibly religious people with a distorted sense of what constitutes morality, are using any excuse they can, to try and limit this kind of material in any way they can.

I ask the Video Appeals Committee to consider if the restrictions on R18 material really are proportionate, and really are necessary, and compatible with the Human Rights Act. Not just the Human Rights, of the few able bodied people who have a sex shop on their doorstep, but also the rights of those who, for many reasons cannot get to such premises, but don't want a negative choice being imposed on them, for reasons wholly beyond their control.

The Human Rights Act is an important law. Surely it isn't to be rendered worthless by people restricting material they cannot properly show is harmful in any proportionate way?

The logic is quite simple. If the harm caused, which justifies such almost repressive restriction on explicit adult sex material cannot be shown to exist (and there's plenty of evidence to show it does not exist in other countries, where such material is sold in news agents etc.) then the material should be classified at 18, so that it can be sold mail order, and not restricted in the way it is being, now.

Thank you for your time, in considering my views.

 

Adult DVDs Driven Offshore

Context
Jaylect UK Ltd trading as www.LoversFantasy.co.uk has taken all R18 videos & DVD’s from their catalogue of varied sex shop goods to conform to recent High Courts decisions to ban the sale by sex shops of the media via online and mail order companies.

Sex shops such as www.loversfantasy.co.uk have a social responsibility to ensure the type of material stocked by sex shops does not get into the hands of minors. Internet sex shops are a fantastic means for our clientele to purchase their sex shop items discreetly and anonymously. We fully support the decision of the High Court to restrict this type of sale and will be continuing to ensure we do all we can to ensure that our sex shop conforms to any such legislation. Carl Sherratt – Managing Director – www.loversfantasy.co.uk
 
IanG
It seems odd to me that Mr Sherratt is agreeing with Government censors that perfectly natural human activities should be castigated from British society. Films containing hateful violence, drugs abuse, language and behaviour are available from any video outlet and obviously do fall into the hands of impressionable children yet, non-violent and perfectly normal sexual behaviour is deemed harmful to kids.

I've never heard such bollox in all my days. This is typical of the two-faced hypocrisy spreading throughout Britain. We have supposedly peaceful religious fanatics causing criminal damage and threatening violence at the mere hint of sleight against their beliefs. What about those of us who believe in freedom of expression and true democratic representation, who vastly outnumber these hypocrites, having to suffer these oppressive and repressive notions of moral conduct?

We have a legal right to follow and hold any beliefs we so wish. Whether those beliefs form an orthodox religion is beyond argument - all beliefs are a matter of conscience and conviction - a 'religion' by any definition. Why then in our free democracy are our rights to freedom of thought and expression being eroded by organised, and hence bounded and dogmatic, belief systems? The orthodox religions do not allow for freedom of thought or freedom of expression - they have no place in a free society unless they respect the rights of others to hold different beliefs.

Political correctness has achieved this goal of creating absolute confusion. Freedom is oppression. Peace is violence. 2005 is 1984. This is the reality in Britain today. We are slaves to a system that is supposed to give us freedom. We live in a dictatorship where power belongs to those who shout loudest. The secular and religious alike need to take stock. Without argument the Laws of Nature are God's Word, unadulterated by the machinations and revelations of prophets. Nudity is natural. Sex is natural. Tolerance and co-operation are natural. We were given this mind to settle our differences peacefully, to behave with grace and reverence for the world around us. None of the orthodox religions can be good and right and true if they breed hatred and discrimination. None of our laws can be good and right and true if they breed repression and confusion and support religious bigotry.

Our laws say people are free to believe anything they wish. I believe in being able to believe anything I wish. So where is it written someone can tell me I cannot believe in freedom of thought and expression? Why do our laws support censorship and restrict access to perfectly natural human behaviour? The answer is clearly that those who make the law do not understand the first principles of freedom, equality and democracy and so resort to restriction, discrimination and oppression. And fools like Mr Sherratt think this system is right? Its a case of the ignorant leading the blind in my book.

 

Incitement to Incite Hatred

Rohan Jayasekera Index on Censorship
By passing an act to outlaw incitement to religious hatred, the British government will create a quasi-legal forum for extremists ready to use one law while breaking others – to silence critics of their faith and punish apostates. Rohan Jayasekera comments.

If you build it, they will come… Novelist W.P. Kinsella’s fictional Iowa farmer Ray built a makeshift baseball diamond to bring the faithful to him. Britain’s government is orchestrating a plan to build a different kind of playground to attract the spiritually driven.

But this is no Field of Dreams – more a place of nightmares. It’s the quasi-legal gladiator pit for religious extremists that will be created by the government’s Racial & Religious Hatred bill.

This is the bill that is supposed to protect the country’s religious faithful from hateful words. More specifically it’s supposed to win back Muslim votes lost since the Labour government began its war in Iraq, by granting imans the same medieval defence against blasphemy allowed Christian bishops.

The government thinks this trade off is a good deal, as it also provides a legal tool to use against radical Islamists preaching hate from the country’s mosques.

It also thinks it comes cheap. The Home Office expects to see fewer than two or three cases of incitement to religious hatred brought before the courts a year. Only 67 people have been tried, and 44 convicted, under 19-year-old legislation banning incitement of racial hatred in Britain. The government expects a sister law covering religious hate to be equally lightly applied.

But this calculation underestimates the religiously driven in Britain, their organisation, the focus for protest provided by the court option and the political fallout from a refusal to prosecute, let alone a failure to convict defendants in high profile cases.

Calls to prosecute the blasphemous will become rallying cries. Religious extremists will lead, fired not by fear of violence or threat of crime, but by the desire to bring their apostates and critics to court to be punished and silenced.

Bizarrely, as the government official empowered to approve prosecutions under the proposed law Attorney General Lord Goldsmith QC will become the key arbiter of legally permitted religious free expression in Britain.

But though he may have to start spending time perusing Bollywood films for slights against Sikhs and paintings for offences against Greek Orthodox sensibilities, Goldsmith won’t be allowed to take his role as Britain’s new cultural commissar lightly.

The government says that the proposed act could not be used to silence or prosecute Salman Rushdie, or Gurpreet Kaur Bhatti, author of a play about moral corruption in a Sikh gurdwara, or the BBC producers of a TV showing of Jerry Springer – The Opera, supposedly blasphemous to Christians.

It won’t stop their enemies trying though. Rushdie lived under a death sentence for years; Kaur’s play was pulled after a Sikh mob attacked the Birmingham theatre that put it on; BBC executives’ families came under threat from angry Christians who hadn’t even seen the musical.

There are thousands ready to make the case for religious offence, marshalled by religious leaders from the pulpit, or nowadays, via the internet. Nearly 50,000 people were rallied against the BBC in this way to protest Jerry Springer – The Opera.

Goldsmith will become ringmaster of a medieval circus that the government wants nothing to do with, but is facilitating anyway for its own political advantage.

But if they build it they will come. The damage to inter-faith relations – and the safety and free speech rights of those artists and thinkers who offend the extremists - will be done. And it will happen regardless of whether Goldsmith lets a judge and jury rule on the substance of their allegations at the end of their campaigns.

The furore surrounding Goldsmith’s 2003 legal opinion on the legality of the war on Iraq, allegedly under government pressure, tarnished his independence. More of that – accusations of partiality, no doubt some couched in anti-semitic abuse - will follow when Goldsmith issues his first refusal to prosecute under the act.

Or whatever decision he makes, in whatever circumstance. For Goldsmith will have to rule on allegations raised by people not known for their tolerance.

 

Polly Toynebee writing in the Guardian
A mandate is a wonderful thing, even if this government's rests on just 22% of the electorate. A bad bill already twice rejected with a big rebellion on Labour benches was tabled again yesterday, regardless of the strength of opposition to it. The incitement to religious hatred bill is back, although it lost the argument resoundingly on every other outing. Forward not back? No, back for the third time.
Why? To appease a Muslim vote that elected George Galloway in Bethnal Green and gave a fright to several other MPs. It is an appeasing gesture strongly lobbied for by the mainstream Muslim Council of Britain. But its unintended consequences will stir up exactly the religious hatred it seeks to assuage.

Last time, this misbegotten bill passed through the Commons after a very rough ride and was stymied in the Lords. The difference now is that the Lords by convention pass any bill "mandated" in a manifesto, even one line on page 111. If the Lords defy the convention, the government will use the Parliament Act to push it through.
But another parliamentary convention might consider this bill a matter of conscience for secularists and not something to be pushed through on a party whip. It would be entirely reasonable for secular Labour MPs to plead conscience on this, just as the religious are excused the whip on matters that trespass on their faith. This touches on freedom of thought and ideas, with far-reaching consequences for the values of the Enlightenment that are under growing threat from a collective softening of the brain on faith and superstitions of all kinds. Contemplating Galloway should stiffen Labour MPs' resistance to a political expediency that seeks support from religious lobbies.

The government claims this bill is designed to stop the BNP using "Muslim" as way of inciting racial hatred by getting round race hate laws. It talks of protecting Muslims from abuse in the street, which sounds reasonable, though the law already protects everyone from abuse and harassment. Labour's own 2001 act already adds "religious aggravation" as a reason for tougher penalties where incitement to violence has an anti-religious motivation.

Fierce opposition is lead by the National Secular Society, whose leading member, Lib Dem MP Evan Harris, proposes a neat solution. His amendment would ban "reference to a religion as a pretext for stirring up racial hatred". Why was that solution rejected by Labour, since it stops the BNP using "Muslim" as a proxy for race, without trespassing on free speech?

The government claims that Muslims of all races need equal protection with Jews and Sikhs, who are already covered by race laws. But if Labour were advocating equality between all religions, they would repeal the blasphemy laws that only cover Christians, remove the bishops from the Lords and abolish religious state schools: 30% of state schools are religious, almost all Christian controlled. These privileges for Christianity cause great resentment among the other faiths: many think this is their blasphemy law.

This bill is not "closing a loophole" as Labour claims, but marches right into dangerous new terrain. Here is an example: it is now illegal to describe an ethnic group as feeble-minded. But under this law I couldn't call Christian believers similarly intellectually challenged without risk of prosecution. This crystallises the difference between racial and religious abuse. Race is something people cannot choose and it defines nothing about them as people. But beliefs are what people choose to identify with: in the rough and tumble of argument to call people stupid for their beliefs is legitimate (if perhaps unwise), but to brand them stupid on account of their race is a mortal insult. The two cannot be blurred into one - which is why the word Islamophobia is a nonsense. And now the Vatican wants the UN to include Christianophobia in its monitoring of discriminations.

Already this proposed law has cast a long shadow. Christians expect it to stop something like Jerry Springer - The Opera ever being screened. Sikhs who drove the play Behzti off the stage expect this law to prevent any future insult to their faith. When a Telegraph writer accused the Prophet of paedophilia for marrying a nine-year-old girl, Iqbal Sacranie of the Muslim Council said this was the kind of insult against their faith that made Muslims want "safeguards against vilification of dearly cherished beliefs".

The government swears they will all be disappointed. No, says Paul Goggins, minister responsible, he'd never do anything to stop Rowan Atkinson making jokes. But if he's right and the law catches just four or five BNP cases a year, then he faces outraged religious extremists furious at betrayal of a blasphemy law they thought they were promised.

But even if he is right and Atkinson is never up before the beak, the religious are already getting their way in more insidious ways. For the chilling effect of this law is here now. There is a new nervousness about criticising, let alone mocking, any religious belief, a jumpiness about challenging Islam or Roman Catholicism. This most secular state in the world, with fewest worshippers at any altars, should be a beacon of secularism in a world beset by religious bloodshed. Instead, our politicians twitch nervously in a lily-livered capitulation to unreason.

Why? Because this clever blending between race and faith has tied all tongues. This law springs from a cult of phoney racial/religious respect that makes it harder than it ever was to dare to criticise, let alone mock. There is a new caution about "causing offence". What kind of offence? Not to people's race but to ideas in their head. If I want to write that I find the hijab a gesture of obeisance to the nasty notion that women are obscene and should be modestly covered up, I may offend a lot of Muslim women. I am not for banning it or tearing it off them, nor am I being racist. But that is becoming an argument that growing numbers of feminist women no longer dare articulate. Unless the Commons comes to its senses, there will be those who regard this view as religious hatred and will expect the law to stop it. (This crime attracts a seven-year sentence.)

Laws change cultural climates: it's what they are for. Religion will become out of bounds in many spheres. Schools, universities, the arts, broadcasting, will feel social pressures that induce self-censorship. A small example: if you wonder why there have been no penetrating exposes of cults like Scientology in recent years, it is because they have sued so often that the media caved in - fear of litigation outweighs the story. That is how the law cast its shadow.

The irony is that those spending most time in the courts will be the religious themselves. A similar law in Australia brought a burst of litigation and demands for arrests from one bunch of fundamentalists against another. Hate-filled evangelicals were creeping into mosques to take notes on imams' hate sermons. So extreme Jews, Muslims, Hindus, papists and Paisleyites will all challenge each other's fiery thought crimes while the Bible and the Qur'an incite enough religious hatred to be banned outright.
 

 

Auditors Need Auditing

Context
See UK News story: Bollox Needs Auditing A worthless report from the Audit Commission (11th June)

A highly critical report from the public spending watchdog, the Audit Commission, suggests that downloading porn now represents nearly 50 per cent of all cases of IT abuse across the public services.

The commission has called for software to be installed in all public sector computers to prevent users from accessing pornographic sites. It gives warning that once staff gain access to some of these websites they can be tempted into more dangerous and illegal areas such as child pornography.
 

Shaun
To the Audit Commission

Why is it wrong and computer misuse for staff to use their public employer's computers to access **LEGAL** pornographic material on the internet provided that:
  1. They do so in their own time, for example in their lunch break ?
  2. They are not offending anyone in their office, who may not wish to view such material ?
  3. The internet bandwidth used does not cost any extra money, and is paid for regardless of the amount of data used?

You sound as if you want to impose your own notion of morality on free people to me.

Why don't you complain about people using the Internet to look at the football results, or the web site of their favourite football team, or using it to read a Shakespeare play or something ?

Do you believe it is OK for them to look at football sites, or the BBC web site, but not a pornographic site, subject to the above ? Why is one misuse, but not the other ?

CENSORSHIP and filtering of computers is NOT the way forward, and it should NOT be your role to demand this. Indeed in some government departments accessing pornography on the internet may even be part of the work they do. You types just assume because it is pornographic it is automatically bad don't you ? Did you know that Ofcom cannot show ANY evidence of harm caused by such material ?

I am heartily sick of groups such as yourselves trying to DICTATE how we, a free people should choose live our lives, both at work and at home.

 

Habitual Censorship

Context
Love Letters of a Portuguese Nun is 1977 West German film by Jess Franco

A cinema release was rejected in 1979. The BBFC recently passed the film in 2004 with extensive cuts with the following statement: The cuts were Compulsory. Distributor was required to cut indecent images of a child under the terms of the Protection of Children Act 1978, and images of sexualised torture.

  • All reference to Susan Hemingway’s nakedness have been removed in their entirety, this includes the actual torture scenes.

Presumably the actress was over the age of consent though, so this video has fallen victim to the knee jerks of the UK parliament who perversely declared that legal acts are illegal to film.
 

IanG
I have seen the full and unmolested version of this film.

As far as I am concerned it is one of Franco's more realistic and politically poignant films. If the BBFC feel that nudity is 'indecent' then anyone who sees a toddler running around naked on a beach this summer is likely to be arrested as a paedophile.

As I understand it Susan Hemmingway was 15 or 16 when this film was made. It should be stressed that she does not take part in any real sexual acts nor is she subjected to real torture. It is all make-believe and purely for dramatic effect as one would expect in a serious film about child abuse!

I can only conclude that by this action the BBFC are displaying their usual lack of respect for the intention of the law, which is meant to prevent pornographic images of children. Nudity is not pornography nor is it indecent, otherwise we would probably have to black-out 90% of the works of the grandmasters hanging in fine art galleries and churches all over the country (or don't cherubs and the like count as naked images of children?).

I would also add that this may be a blatant attempt by the BBFC to aid in the cover up of the child abuse carried out by the Catholic church for centuries. That is after all the CENTRAL THEME of this film. It is a difficult subject but, had this film been made public in 1977 then perhaps some of the abuses by members of the clergy uncovered in recent years might have been prevented.

As I say, this is one of Franco's better and more thought-provoking films. Pity the BBFC haven't got the capacity to see it as such in their sordid interpretation of the law.
 
The Melon Farmers
I agree with Ian about the stupidity of the law. However I would add that given this bad law has been enacted then I would expect the BBFC to take a cautious approach. It is after all their fundamental job to ensure that films are safe for the industry to sell. DVD shops are probably happy for any vaguely dangerous material to be removed, it is what they pay for.

The Crown Persecution Service have proved themselves to be trigger happy at times and I for one could see them salivating if a trader being done for any trivial reason whatsoever happened to have an uncut copy of Love Letters of a Portuguese Nun.

For an individual, a safety first approach by the BBFC may prove to be a dual edged sword. On one hand it will prevent people from getting hold of dangerous material in the first place. However anyone already owning a copy may now be in danger from persecution as there is an overly great weight attached to any BBFC decision to cut offending material.

 

OfCon

Context
All the fine words from Ofcom about evidence based regulation turned out to be a con.

Ofcom have recently released their new program code see  website

Just a reminder of their laudable aims published at the time of the public consultation about their broadcasting code.

  1. Freedom of expression is an essential human right. It is the right to hold opinions, to receive information and ideas and to impart them.
  2. Broadcasting and freedom of expression are intrinsically linked. The one is the life blood of the other. Nowhere can that tension between the right to freedom of expression and its restriction be more acute than in drawing up a Code which seeks to regulate broadcasting.
  3. All regulation in the proposed Code must be prescribed by law and necessary in a democratic society. Unnecessary regulation should not be in this Code. Rules cannot be made at the whim of a regulator.
  4. Regulation should be transparent, accountable, proportionate, consistent and targeted only at cases where action is needed. That is a requirement of the Act but it is also part of the test Ofcom has to apply in restricting freedom of expression.

Now on a whim they have denied our freedom of expression with a totally disproportionate and unnecessary ban of legal adult material...

 

Paul Taverner on OfcomWatch
Ofcom’s new broadcasting code was published today. Despite claiming to reduce the regulatory burden and to regulate with a lighter touch what is actually in the code demonstrates the exact opposite. The ITC program code ran to 51 pages. Ofcom’s broadcasting code is 88 pages long with an additional 46 pages of guidance.

Our evidence based regulator also intends to continue with the total censorship of much legally available content including sexually explicit R18 rated material despite its own research, also published today, that shows a lack of any real evidence that such material is harmful to anyone. This is the same material that is considered suitable for broadcast *free to air* in Spain. When the substantial protective measures that are already available such as mandatory PIN security are considered, the imposition of censorship by Ofcom is an insult to the intelligence of the viewing public and a sad reminder of the power of prejudice.

Whilst the issue of broadcasting of R18 content is but a tiny part of the code, this single decision clearly demonstrates Ofcom’s attitude to Freedom of expression, proportionality, consistency and evidence based regulation. The desire to regulate and control has won out against the need to deregulate. Although this theme is evident throughout the code, it is entirely absent from the rhetoric.

Whilst the majority of the public have no interest in adult services, those same people also respect the right of others to make up their own minds and to organise their own viewing and that of their families free from interference. As Salman Rushdie said a free and civilized society should be judged by its willingness to accept pornography. Whilst our society does respect the views of others our television regulator does not appear to hold the same view.

Ofcom suggest that they will ‘consider’ whether to ‘review’ lifting the R18 ban if future developments enable more secure protection. On the other hand they might not, and if past performance is anything to go by any future changes that might prompt Ofcom to consider reviewing anything will take years of snail paced contemplation. What’s more likely is that Ofcom will be overtaken by circumstances by European and Internet based services that will eventually destroy domestic adult broadcasters and render Ofcom’s code irrelevant.

Perhaps of even greater concern than the imposition of all this restriction is the expectation by Ofcom that somehow this new code should be seen as supporting freedom of expression and viewer choice. It almost seems that Ofcom want to be congratulated for having laboured for eighteen months to create all this regulation.

In days gone by television was regulated by those who wanted certain kinds of content censored, and they weren’t afraid to admit to it. Nowadays censorship has a bad name and censors are treated with suspicion. Some thought that this might have encouraged a lighter touch in regulation, with less censorship and greater responsibility being granted to the consumer. Unfortunately this is not so, the desire to censor doesn’t have it’s roots in regulating what is generally accepted, but in the moral beliefs, political aspirations and need to control within those in authority. As such the desire to censor has not diminished, but the method of applying censorship has had to change. As it’s no longer acceptable to be seen as to openly censor legally available content, censorship is being disguised with a variety of subterfuges.

Ofcom are keen to point out that they are not censors. They claim that censorship involves prior restraint which they do not do. Broadcasters point out that they are constrained by Ofcom’s codes and Government simply say that such things are a matter for Ofcom. Meanwhile an entire classification of content is being suppressed.

Ofcom are being economical with the truth when they claim that they do not censor, whilst they do not examine individual films before transmission, what they do is far worse, they censor by category. Rule 1.25 in the new code states that “BBFC R18-rated films or their equivalent must not be broadcast.” This represents the collective censorship by prior restraint of an entire BBFC classification. Ofcom have censored more than five thousand titles with a single sentence.

Ofcom’s role in this area is made much easier by the fact that there is a small but vociferous minority who favour censorship of this kind and that the vast majority of people have little interest in the material that is being censored. It is to this majority that Ofcom make there case about light touch, proportionate, evidence based regulation and many people without the detailed knowledge of these matters will simply accept this. Ofcom want to be seen as champions of free expression by the masses whilst operating a policy of draconian censorship against certain minorities.

To censor legally available material intended for adults on the basis of the opinion of twelve of the great and good in the content board is unacceptable, to then pretend that you show a high regard for freedom of expression is intolerable and shows an arrogant disregard for the views of consumers in who’s interests Ofcom is supposed to operate.

If we are to have censorship foisted upon us then let’s at least be open and honest about it.

 

Shaun
To Ofcom re continued prohibition of R18 material on UK satellite,

I am posting from Majorca Spain. A free country. Something you people at Ofcom wouldn´t know about.

Well, you people really have shown yourselves in your true colours now haven´t you ?

All the evidence shows that no harm is caused by this material, enough to justify your prohibition, and this includes your own published analysis of the situation.

But you are going to prohibit it anyway.

This is shameful, and all you are doing is pandering to the so called (im) moral mouthpieces such as media watch. I trust you will now start proscription orders on foreign broadcasters ? If you do, I hope the European broadcasters will take you legally to the cleaners.

I will also be monitoring the British channels to ensure they show NOTHING which would be passed R18, which is not the case now. Oral genital contact for example is often shown on XplicitXXX BUT This is NOT permitted at any other classification level than R18, and under your own rules MUST NOT BE SHOWN, and I will be helping to ensure IT IS NOT SHOWN, until your rules are changed.

Words cannot express how angry I am about your position on this issue.

As far as I am concerned your "evidence based regulation" is nothing but a sham, and you are unfit to regulate anything.

I expect a reply please.

I shall also be complaining to my MP, and demanding justification according to Human Rights Act.
 
Dan
To The Melon Farmers

The new Ofcom code disappoints Mediawatch UK because they feel it does not protect viewers from being offended by programming. But Mediawatch should ask themselves how far Ofcom can go in order to protect all viewers from any and all offence.

There has to come a time when the viewer must take responsibility for his/her own viewing choices and switch off programming that he/she finds offensive or morally objectionable.

If Ofcom began regulating against all and every offence it would spend the most part of it's time investigating every complaint no matter how trivial and no matter how view person registered an objection. Surely this is not what Ofcom is for.

Ofcom have realised that it cannot be responsible for the viewing choices of the British public. It cannot act as a nanny shielding the viewer from anything and everything which may be upsetting or offensive.

Ofcom has sent a message out that sometimes viewers have to take responsibility for what they are watching themselves and cannot expect an all powerful regulator to do it.

 

IanG
To Ofcom

I am appalled and dismayed at the complete ignorance and contempt Ofcom have displayed in the continued ban of R18 type material being broadcast via UK satellite (and UK TV full stop).

It is wrong to make any assumption as to the harm anyone of any age may suffer as a result of seeing human sexual activity no matter how graphic in its presentation.

You are reminded that this is a democratic and secular country and scientific proof is of the highest priority when making any judgements as to the need to restrict any form of material. In particular, and as a matter of UK law, you are required to read the rulings and case law of the ECHR in conjunction with UK legislation in order to make UK legislation compatible with Human Rights law. In this respect you have failed to make any such application of case law or scientific evidence. Indeed, in your own documentation you make mention of the fact that free access to pornography is known to be beneficial to those with sexual problems (I know, I supplied it to you in the consultation). If I may spell this out in real terms; we are talking about the possible prevention of some 18,000 (eighteen thousand!) cases of rape and child abuse that occur in the UK every year and which have increased year upon year at a rate of 10%. I put it to you that none of the UK's efforts to suppress explicit sexual material have gone any way to alleviating this rising trend. Moreover, throughout the rest of liberated Europe this trend has not been seen at all and the UK, Norway and the USA have all suffered very similar levels of film and TV censorship and have all displayed this worrying rise in sexual offences. In addition to sexual abuse, it is also a fact that teen pregnancy and the rates of sexually transmitted diseases have also increased over the years and again such trends have not been seen in other liberated European countries.

I would therefore like to ask: Why a slim possibility that some parents may not be astute enough in the care of their own viewing habits and those of their children, should warrant a total ban on R18 broadcast despite the fact such a ban has had no impact except a negative one on the sexual habits of young persons and adults alike? Where is the proof of moral and psychological harm you claim the broadcast of R18 material will cause, when a total ban on such material has had exactly the effect of increasing sex crime, teen pregnancy and the spread of STIs?

Why have you ignored six years worth of public consultations which show conclusively that 75% of the UK population are in favour of hardcore sex on pay TV? (And lets not pretend we don't know what "particularly explicit sexual material" means - the public are not fools even if you pretend to be!)

Why have you ignored the fact that only a tiny percentage of households that would subscribe to sex channels also contain children?

Why have you assumed watershed and PIN protection is less effective at protecting children than the watershed alone? Or are we to assume anything rated 18 is suitable for young children or indeed, softcore material is any less harmful than explicit sexual scenes? Did you not find for C4 and Five when they broadcast erections and intercourse late at night?

Is it not true that the truth never hurt anyone? That education is far better than prohibition? That imagined harm and threats are exactly what took the UK into disastrous war against Iraq? Your justification for your actions is lacking any logic whatsoever, in fact, it is non-existent. It is based on nothing more than an overactive imagination. Children grow up to be adults. From the age of 12 years, children in the UK are taught the 'facts of life'. They even get to see graphic portrayals of human sexual activity as part of that education. Your own imaginations and tastes are the only thing which are causing any harm in this area as evidenced by the rise in all the above sexual problems.

So we come to the law. The law requires you to offer protection to the young via several pieces of relevant legislation. The law also requires irrefutable proof of harm before any prohibition of any material can be legally enforced. I put it to you that you are instrumental in causing serious physical and psychological harm to those 18,000 women and children who are abused every year by men who are incapable of suppressing their own sexual desires. I put it to you that these man could relieve themselves if they were given easy access to the type of material they wish to see via TV. I put it to you that this continued ban is nothing more than a total misinterpretation of what the law actually requires you to do and, that this misinterpretation is entirely down to your own sordid imaginations and irrational fears.

I will not allow this abuse of our Human Rights to view any legal material by any means the public should choose and, the hidden abuse you cause indirectly to thousands of people every year, to go unchallenged any longer. It is time for some Justice. You have no case nor cause to support your position. I will take this to every newspaper, every child psychologist, every criminologist in the land if need be. This abuse must stop NOW and I mean NOW! That rule needs amending forthwith and I will settle for nothing less. Claim you made a mistake, the wrong version was published, or you have received expert advice but, change it or else!

I will state for your benefit that Spain and Portugal outlawed censorship 2 decades ago. Anyone of any age can view any type of material and yet, Spain and Portugal have the lowest incidence of sexual offences anywhere in Europe. If there were a country to supply evidence of any harm it would be these two but, they prove conclusively it is yourselves and the BBFC that are in the wrong in this area for unnecessarily restricting sexual material via the R18 certificate.

Now please, I beg, do the right thing for all our children's sakes and amend that rule or the members of Ofwatch will be rallied to take this case to the Human Rights Court where you will most certainly lose and, your powers to license and control anything will be revoked. I do not think it is a matter of "National Appreciation" that thousands of innocents are abused each year - Do you?

I expect a full and qualified response to the questions raised above. This abuse of everyone's rights and sexual wellbeing has gone on for far too long. You are supposed to serve the public, so serve the public!

 

Russ on OfcomWatch
I thought I would share a few more thoughts about the decision:

1. The reaction to the R18 ban (or lack of reaction) says alot about the British system of content regulation. The decision--from an economic standpoint--is a significant and highly intrusive market intervention by Ofcom that creates winners (licensed sex shops, internet porn sites, future IPTV players) and losers (cable and Sky). Adult content flows through the UK. Ofcom's decision has not stopped that flow--it has redirected the flow. So, while I use the term 'ban', that doesn't quite capture the economic reality of what happened as a result of Ofcom's decision.

2. The decision also has a social impact: There was straight, uncritical reporting of the ban in the trade press. Privately, some people have told me that they thought the Ofcom research was shoddy. In fact, one former content regulator told me he was 'angry' with the decision. But, there seems to be a general intellectual consensus that there is a difference between 'freedom of expression', championed by British academia and the likes of the Guardian, and 'porn-campaigning' which is some lower form of freedom.

3. Ofcom's reputation was going to be damaged no matter what it did on this issue. If the regulator permitted R18 content, there would have been a firestorm. If the regulator banned it, the flimsy reasoning used for the ban would be attacked. One decision (a lift of the ban) would have been evidence-based, the contrary decision (maintaining the ban) would have been political. Ofcom is a utility-maximiser and went with the route with the least amount of pain. That's how I see it. I'm willing to be convinced otherwise - by Ofcom or others... so feel free to write us and share an alternative opinion.

4. Speaking of flimsy reasoning, the 'PIN protection' argument advanced by Ofcom has been universally castigated--by those willing to speak out--as weak and illogical. Of course it is. Many adult activities, such as driving, voting and the viewing of adult content, are restricted to minors, and those restrictions are sometimes porous. Underage minors have always done things that they are not supposed to. That possibility, however, has never been used to restrict the freedom of adults. Until now.

5. In any case, minors will still access R18 over the internet or by raiding their parents DVD collection. God forbid, they will probably also create their own R18 content! So, the regulation is mostly ineffective. The regulation is also not platform or technology neutral. I suspect Ofcom will be successfully challenged on this extremely weak (and non-converged) justification for its decision. But going back to my point no. 3, above, it is a better political route for Ofcom to have a judge tell them the ban cannot stand. It is also a better political route for Ofcom to maintain a ban that is ineffective.

6. I'm concerned that the LSE research on R18 harms and the YORG research on PIN protection were held and not released until the day that the code was released. Matt Peacock of Ofcom previously posted on OfcomWatch and stridently indicated that Ofcom does not tactically time the release of documents. But I was told by LSE that there research was completed in early March. Why was it not made available to the public until May 25th -- too late to attack the flimsy reasoning behind the R18 ban? Perhaps Ofcom can shed light on this.

 

IanG
To the Guardian

You may be aware that Ofcom published their much delayed Broadcasting Code last week. I wonder though how many of your readers have understood what the full implications of this Code mean in the much abused terms of 'child protection'? There are two aspects of this Code, which are not only contradictory but down right dangerous.

First, Ofcom claim that PIN access codes for encrypted movie services via UK satellite channels are safe enough to allow BBFC '15' rated movies to be broadcast all day long. Further, they claim it is safe enough to allow BBFC '18' rated movies to be broadcast after 8pm. This all seems fair enough and, adults probably agree this is far better than the old ITC Code.

However, in the very next breath so to speak, Ofcom then claim, according to some research that, persons under the age of 18 can get a-hold of their parent's PIN code and access inappropriate content. Thus Ofcom have justified a total and continued ban on the transmission of all legal BBFC 'R18' rated material. I'm sure in this "no sex please we're British" mind-set this all seems perfectly reasonable until one realises that Ofcom have completely destroyed their own reasons for allowing '15' and '18' rated movies to be broadcast when youngsters could be watching. In the immortal words of Homer Simpson that would be a "Doh!".

Moreover, parents who would like to access 'R18' ('hardcore' sex) via satellite TV will now be forced to seek such services from continental suppliers. It may also interest your readers to know that Ofcom and the DCMS recently tried to proscribe such a service, namely Xstasi, which regularly broadcasts material beyond BBFC 'R18' guidelines as part of a multi sex-channel package. However, the DCMS were unable to proscribe this service because "it is a foreign channel". It seems Free Trade Agreements prevent UK interference in the promotion and sales of these services.

So, in one very dubious and highly non-nonsensical sentence in the new Code, Ofcom have managed to place UK children at the risk of seeing, sex, drugs, violence, hardcore sex and violent abusive pornography. Well done Ofcom!

It seems to me the TV regulators haven't got two brain cells to rub together. They should be fired and replaced with people who at least can predict the outcomes of their decisions and, understand that when 75% of the population feel satellite channels should carry 'particularly sexually explicit material' (from The Public's View 1997-2002) then perhaps UK satellite channels should indeed be allowed to do so. Anything else is simply an abuse of power, democracy and, our fundamental Human Right to Freedom of Expression. Cheers Ofcom!

Kit Ryan from Ofwatch

To Ofcom

I am writing with regard to the release of the new Broadcasting Code. I am disappointed with the new Code as it gives a confused message to citizen-consumers. The decision not to allow R18 material due to the current PIN set-up is one that I may have reluctantly accepted (given your research) if it was not for the decision to allow the showing of films up to a classification of 15 with a mandatory PIN protection at any time of the day.

As you will be aware, these films have been classified by the BBFC in order to protect younger viewers from the content of these films. If Ofcom believe their research to be correct then there seems no doubt that younger viewers will now be able to access material that should not be available to them. This situation will now leave Ofcom open to criticism from so-called ‘family’ groups who will rightly claim that Ofcom have introduced a Code that exposes younger viewers to unsuitable material. Indeed, under the Video Recordings Act (which does not apply to broadcasting) it is an offence for retailers to sell videos classified as ‘15’ to a child below this age but Ofcom’s new Code will effectively allow broadcasters to supply this material to younger children with inefficient safeguards (according to the research).

Ofcom may now argue that the new Code means that parents will be more vigilant with the PIN code as the Watershed no longer applies to films classified up to ‘15’. This argument is weak though as Ofcom opted not to investigate this when they researched the security of PINs. There is also a strong probability that more children over the age of 12 (and even more over 15) will be given the PIN by their parents to allow them to watch films during the day when the parents are not at home. This same PIN will also be used to access material that is only suitable to adults over the age of 18. Rather than protect children from unsuitable material, Ofcom may have made the problem worse by allowing these films to be broadcast under the new Code.

The solution to this problem is actual very simple. I am actually very surprised that no one seemed to suggest it in the responses to the Consultation. The introduction of the facility for the subscriber to delegate individual PINs to each member of their household (controlled by a new master PIN known only to the subscriber) would allow subscribers to let other household members have access to material that is suitable for them while stopping access to all other material. The master PIN should not be used to access channels (the subscriber should set up their own separate PIN for that), only to change options in the menu. The main PIN used by parents should not allow R18 broadcasts to be decoded using it (in case children learn the code from watching their parents actions on the EPG). Any potential R18 broadcasts should only be decoded by entering a separate PIN specially defined for this purpose. For obvious reasons, all PINs would have to be different.

 

This idea is not new. British Sky Broadcasting registered a patent in 1998 that proposed individual PINs for users of their digi-box system. The idea behind Sky’s patent was to allow each user to access the interactive services available through the digi-box. However, the same technology could be used to allow individual PINs to access television broadcasts. Indeed I should imagine that Sky’s ability to produce such a system should be relatively easy given the technological advances that have happen in the past 7 years. The details of this patent can be found at the following website:

http://gauss.bacon.su.se/EP/8/6/EP868816.html

Another proposed idea I have read is the idea of having two viewing cards, one for normal viewing and the second one to allow the broadcasting of R18 material. The second card is optional and can only be applied for by the subscriber through writing to their digi-box supplier. This second card would act as an age verification card and would require a different mandatory PIN to access R18 material. Since there would be no need to use this card when non-adults are in the same room, there is no way that a child would find out about the second PIN. Indeed it may be unlikely that the child even knows whether their parents have this card as parents are very vigilant about such things.

I would be interested in hearing your views on these ideas. It would give far greater security to parents while allowing adults the freedom to choose what they want to watch. Both of these ideas would effectively remove the possibility of children accessing R18 (and other unsuitable) material

 

Inconsistent Rights Abuse

Context
The judgment for the recent High Court hearing concerned with the legality of R18 Mail Order was duly delivered to day by Lord Justice Maurice Kay & Mr Justice Newman. They dismissed the appeals of both Interfact and Pabo. This means that R18's cannot be sold by mail order and that purchasers must turn up in person at a licensed sex shop.

In particular the High Court rejected the argument that an internet, telephone or letter sale processed in a licensed sex shop can be considered as supplied from a licensed shop. The judges argued that the scope of the  term 'supply' was wider than just the financial transaction and included the delivery to the purchaser. So it could not be said to have occurred in the licensed premises.

It was also argued that a mail order brochure is an 'offer to supply' outside of a licensed sex shop and so by the same arguments as above is prohibited under the Video Recordings Act.

The judges did not accept that the restrictions on sales of R18 were an infringement of the European Convention on Human Rights because they felt that the ECHR gave sufficient leeway to the Government to impose licensing restrictions for the protection of children. The fact that importing R18s via mail order from abroad allows circumvention of the restrictions was accepted but this wasn't accepted as a reason for removing domestic restrictions.

It is believed that this case will now be taken to the House of Lords.

 

Editor, World Sex News
Regarding the recent decision to ban the sale of R18 by mail order "to protect children", I note that we (the people) are happy to sell by mail order: alcohol, cigarettes, knives, a variety of drugs (eg. paracetamol), rat poison, sulphuric acid, air rifle, etc. Does this seem somewhat inconsistent?

 

IanG
I'm afraid the learned gentlemen in question have not fully understood the intention of the law in any way what so ever. If the intention were to prevent sales of R18 material to persons under 18 then the import of such material would also be prohibited, or do HMCE somehow know who the purchaser is and how old they are? Also, as the videos can only be played in the home, even if an adult buys the material, there is still a possibility persons under 18 can view said videos. And as someone pointed out, just because someone looks 18 does not mean they are 18 and as 'children' under 18 frequent pubs and get served, anyone with the cash to buy R18 from a sex shop can be served far more easily than someone under 18 trying to use a creditcard to order by phone/Internet. The law in this instance is a clearly pointless and hence unnecessary restriction to freedom of expression.

Furthermore, the issue of supply is indeed a greater one. In the case of overseas purchase they recognise the supply has taken place at the point of sale. Somehow within the UK this doesn't apply and although the carrier would be the same (i.e. the Royal Mail, or whatever they're called these days) in both cases and, pickup would be from within the UK and, both packages would appear identical, the law is somehow able to differentiate one from the other. What crap!

Also, the justification against a breach of Art. 10 falls flat because there is NO SOLID PROOF that R18 type material can "damage the moral or psychological development" of a person under 18, indeed, anyone of 16 years can legally have sex and can perform anything they may (or may not) be able to see at R18. Without such proof of harm, there is no justification for restriction of freedom of expression. Moreover, the ECHR have already decreed the use of a licensing system cannot be used to prevent access to legal material. This is observed by HMCE in allowing R18 type material through customs, and possibly by Ofcom shortly. The whole issue of licensing sex shops has yet again been brushed over as if it is perfectly acceptable. In the case of tabacco and alcohol, sales may be restricted to licensed premises but, persons over 16 can buy fags and start an addiction to nicotine and slowly kill themselves and, it is legal for anyone over 5 years to be given alcohol (in fact many 'gripe water' medicines for babies contain alcohol to help them sleep) and alcohol is known to cause cancer and damage the liver. The issue of damaging 'moral and psychological' development has never been proven, indeed, all research points to the fact that depriving persons well under 16 from exploring their sexuality is potentially extremely harmful. So, it would appear the law is more than happy to allow people of virtually any age access to toxic, addictive and anti-social drugs but not to harmless, even helpful sexual material. Remember folks, the Government's mandate is to serve in the best interests of the people - in light of these facts, who here thinks they are doing that? Time for a kick up the arse I think!

So, who the hell is kidding who? This ruling is total and utter hogwash. Another bunch of lies and spin. And who the fuck do these two Justices think they are? The law is written the way it is so that proof can be used to lawfully restrict harmful material - so where's the proof? The law cannot be read in isolation and, opinions cannot be justified without hard scientific fact. And of those facts, this restriction is doing more harm than good. The BBFC too are doing more harm than good. Persons of 16 SHOULD be allowed access to sexual material for their own educational benefit and sexual wellbeing (and Charlie, you're a twat if you change that stance). Our right to freedom of expression is being needlessly restricted on the basis of a myth - a myth that was dismissed throughout the rest of Europe over 30 years ago! Every rape, every case of child sex abuse, every sexual offence since the 70's, could be directly attributable to these draconian and unproven beliefs that watching human sexual activity is harmful - it's NOT and that's a fact!

 

No Glamour in Bad Law

Alan
The definition of a "child" in the Protection of Children Act 1958 was amended by the Sexual Offences Act 2003, so that it became a person under 18, rather than under 16. The legislation makes it illegal to make or possess an "indecent" image of a child. While indecency is a rather wider concept than obscenity, it isn't really defined, and whether an image is indecent is a matter of fact to be decided by a jury. Note that it doesn't matter when the original image was produced - it could be a Daguerrotype from 1850!

Now imagine a possible case. Someone downloads an image (thereby "making a pseudo-photograph") or scans a picture from an old issue of Mayfair, in which the model is aged 16 or 17 (not uncommon in the 70s and 80s - e.g. early sets of Stephanie Bews, Natalie Banus). If this person is prosecuted, a jury must decide whether the image is "indecent".

The nightmare scenario is that the unfortunate downloader/scanner finds himself banged up in the nonce wing over a picture from a magazine obtainable from WH Smith's when it was first published.

The alternative happy ending for the accused could have unexpected consequences for those who introduced this slightly barmy legislation: on undisputed facts, that the accused did scan or download the image, the jury acquits him, on the basis that the image was not indecent. An image of a "child", unclothed but not engaged in sexual activity, is judged not to be indecent. What might be the consequences regarding similar images of girls aged 15 or 14? It could actually weaken protection for children.

 

How Melon Farmers See US Nutters Seeing Europe

Context
Commenting on the article How US Nutters See Europe

From agapepress. By James L. Lambert, the author of Porn in America:

Ironically, 225 years after the United States of America broke the shackles of a great European empire, our country is yet again struggling to free itself from Europe. Will we become another Europe? Or will America remain separate from the dark cloud of secular humanism that has engulfed that continent?
 

IanG
Has James L Lambert been asleep for the last 100 years or so?

His article had me in hysterics. He must have just stepped off the May Flower or something. Is he totally ignorant to the fact that the US is the biggest porn producer in the world? Is he totally oblivious to the fact Christ was a staunch anti-Capitalist who brought a message of absolute tolerance and anti-aggression?

The USA is the biggest hypocrisy on Earth. It's human rights record of the past 4 years has been clouded by brutality, false imprisonment, torture and a completely unnecessary and unjustifiable war on Iraq. And of course they still use the death penalty, especially if you happen to be a black offender.

These are religious people? Supposedly Christians? Their intolerance is completely overwhelming. Perhaps the USA SHOULD become more like Europe, the world would probably be a better place for it.

So, the Swiss tolerate drugs, well good for them. It's always struck me as a hypocritical stance to allow the sale of alcohol and tobacco but prohibit pot or cocaine, even heroine is relatively safe if it hasn't been contaminated. And does he think the US have had any success in halting the drug trade? If I remember right, they've wasted 100s of millions of dollars over the past 40 years trying to stamp out pot use with absolutely no impact whatsoever.

And what is it about these Bible nutters that means they think homosexuals should be persecuted? I thought their 'beautiful' Constitution opened with something like "All men are created equal under God". Is there a bit in brackets somewhere that says 'unless their gay'?

And just what is so evil and disgusting about nudity? Every other creature on God's Earth goes around exactly as Nature intended, all that is, bar us. And why? Because we're supposed to be ashamed, ASHAMED of our bodies? A body I might add that's supposedly 'made in the image of God'. I would call them cretins but, that would be an insult to cretins.

If only the Emperor Constantine had left ALL the books of the Bible in our version of the Bible. Of course, as a pagan Roman Emperor, Constantine created something that served his purposes, rather than the truth the whole truth and nothing but the truth. The Catholic Church is his bastard creation. The 'trinity', which Catholic priests never seem to be able to explain with any clarity, was in fact a total fiction (or fusion) created by Constantine to try and resolve the in-fighting between the earliest Christian factions, which threatened the stability of the Empire. Little wonder then there were dissenters and opponents of Catholicism from the outset, the Protestants as they later became known.

So the USA was built on this somewhat less than holy book. And now they try and defend that religion by criticising us, the Europeans, for seeing through these lies? No wonder the world is in the state it's in. The Bible is full of metaphor, it isn't supposed to be taken literally, it's message is encoded and, without all the pieces it doesn't tell us who or what our ancestors knew as their God. We do have some clues though, from the Dead Sea Scrolls. The Book of Enoch, which isn't in the Bible of course, was written some 200 years before any of the other scrolls that were found. It tells us that "Man must not tamper with Nature to stay in God's favour". That is the BEST advice we could ever have received, and just look at the mess we've made of the World without it.

It's no wonder Jesus wept. Perhaps he knew arseholes and bigots would corrupt his message and use it to persecute people and destroy creation? The real irony for Mr Lambert is that many devout people outside the USA believe the US is Babylon, and I'm inclined to agree. They love money that's for sure and, for some reason, although Christ was probably the first communist revolutionary, the US hate 'commies' too. Makes you wonder how they manage to live with themselves...?

 

Indecent Justice

Context
From IOL

Two teenagers who exchanged "indecent" pictures through their cellphones have been jailed in the United Arab Emirates (UAE) reports said on Thursday. The 17-year-old boy and 19-year-old girl, both UAE nationals, were each sentenced to spend one month in jail.

The prosecution charged them with exchanging indecent pictures via their cellphones and sending pornographic pictures through email.

Police obtained a search and arrest warrants from the public prosecution, and the two youths were taken in for questioning. Officers were then able to verify that the couple had been exchanging indecent material. The Dubai Court of First Instance issued the sentence.
 

IanG
This case is a blatant invasion of privacy. The UAE Government should be hauled up before the Human Rights Court and asked to explain their actions. China and India are also taking a very irrational and despicable course of action in this area.

There is very little to support any Government's claims that 'indecent' pictures are in any way detrimental to 'public morality'. People behave as people behave. I see no argument to suggest nude pictures could, would, can or will, corrupt persons who are sexually active. If 'doing it' doesn't corrupt people then there is no way mere images of the sex act can.

The root of all this bullshit about 'public morality' and porn is becoming increasingly clearer to me. I said in a post not too long ago that "The powers that be got it wrong in the beginning". I can now unpick the line of reasoning which leads people to believe children (and adults) need to be protected from sexual imagery. It begins with the premise that sex is bad, corrupting or dirty. Once this notion has taken a grip, it follows that children need protecting from this imagined evil. The way that false premise filters out into the larger community is through guilt and shame. It is adults who claim children need protecting from explicit imagery, not kids. This view then, this belief in a lie, is driven by sheer embarrassment. Quite literally, it's created an environment where parents are ashamed to let their kids know they did the hokey pokey to bring their bundle of joy into the world. It is for the most part a tragedy that we grow up to believe what we are told to believe as we grow up (ever wondered
why Government made education compulsory?).

I was fortunate enough to have a Health Visitor Tutor and Midwife as a mother. My access to biological teaching aids, not to mention enlightened, informed and open-minded parents, did not set me on a path to believing sex was 'bad'. Indeed, I can recall quite clearly my father telling my brother and I "There's nothing shameful about the human form". We were also brought up in the knowledge that sex was an integral part of life. It seems the only 'damage' myself and my brother suffered growing up in the 1960's period of 'sexual freedom' was to become generally open-minded, tolerant and enlightened individuals.

As I am now in my 40's, I do not recognise ANYBODY'S 'right' to tell me what I can or cannot, say, do or watch (within the limits of criminal law of course). That's not to say I do not think care should be exercised by everyone, young and old, in the type of material they watch. Quite obviously, children don't need to see graphic images of couples having 'porn sex' but, that shouldn't mean adults should be subject to the same restrictions. At the end of the day, it is not the Government who bring up our kids, and it is every parent's right, neigh, duty, to ensure their kids get the best education/information and advice about sexual matters - esp. in this day and age where unprotected sex can lead to an early grave.

One would hope that our Government denounce the UAE action, and press for these youngsters to be released. However, I can only guess at the sort of hysteria that might ensue if a 17 and 19 y/o were found sending 'dirty' pictures to each other in this country - no doubt such events would fall under that piss awful Sexual Offences Act and both would be branded sex offenders and hauled off to jail too, with the prospect of the 19 y/o having to register as a sex offender. Yes, our law sucks big time too, thanks to that twat Blunkett forcing his Bill through Parliament without any proper scrutiny from the Law Lords or taking account of expert child development advice.

So watch out kids! - this COULD happen to you, even though we live in a 'free country' and we don't apply Sharia law. Thinking about it, our obscenity laws are even worse than Sharia law, at least in Muslim countries you KNOW what is not allowed, over here you don't know until they nick you...

 

Piss Poor Explanation

Context
BBFC cuts to Dogging Diaries Episode 2 with the following BBFC statement: Cuts of 0m 4s were required. The cuts were Compulsory. Distributor was required to remove a verbal reference to urolagnia having taken place.

 

Murray Perkins
Senior Examiner, BBFC
On Shaun's questioning the BBFC have replied to explain their stance:

The dialogue was not removed from Dogging Diaries - Episode Two on grounds that it may have been distasteful to some potential viewers. The dialogue was removed solely because of the meaning it gave to the images in the context of this particular work. Under current interpretation of the Obscene Publications Act the Board will require cuts to remove urolagnia. In addition to straightforward clear examples of the activity, cuts will also be required if the viewer has good grounds to believe that urolagnia is taking place. Good grounds could include dialogue references which, when accompanied by otherwise ambiguous visual evidence, quite clearly implies that what the viewer is seeing is urolagnia. This was the case with Dogging Diaries - Episode Two in which the dialogue and visuals combined to create the clear impression of urolagnia. Neither dialogue nor visuals alone would have required intervention, and the distributor could have retained the dialogue, had they wished to remove the visuals. They chose to remove the dialogue and keep the visuals.

 

Shaun
Maybe so.

But I still think the *verbal* censorship is ridiculous, and unnecessary.

I am not convinced that a video which does not actually show depictions of urolagnia and simply mentions it verbally would be found obscene in a court, if the visual images were not obscene. Especially (and this really is important) material sold in a licensed sex shop.

Besides, urolagnia is not an illegal act. That some people find it distasteful (even in an obscenity trial) shouldn't be a reason for censorship of it, though I appreciate your hands are tied here, because of the Obscene Publications Act, but it is about time the whole censorship mess was properly dealt with, in a context of Human Rights.

I'd like to know, if (for human rights purposes) if people with an active interest in censorship can be kept fully informed of the case histories, which lead to these decisions by the BBFC ? We keep hearing about these cases, in court, but despite efforts we can never find out for ourselves exactly what these cases actually involved. I know for certain that there was one Internet case (R - V - Perrin) , where the only obscenity found was that some material was available in the clear. The person was found not guilty of distributing obscene material, (more distasteful than urolagnia in fact) which was available to those over 18 who specifically sought it out by subscription, as would be the case in a licensed sex shop

If these court cases are to continue to be used as justification for censorship, I believe we should be entitled to know exactly which cases they are, and in what context the person was found guilty. It may well be, that if material such as that which you have censored, was sold in restricted circumstances to adults only, it MAY WELL be found "not obscene" by a jury, because of the target self selecting adult audience.

Material sold in a licensed sex shop, may well be found "not obscene" because of the likely audience.

Material sold in a car boot sale (for example), may well be found "obscene" because of a different likely audience.

However in court cases, we tend to get the latter, and never the former. So I question the justification ? When considering your material it should be asked if the material would be obscene when sold in a sex shop, because I do know that does have an influence on the jury's decision.

 

Watching Mediawatch

Dan
To the Melon Farmers

Mediawatch UK are making the most of the forthcoming General Election to push the three main party leaders of the issue of media violence and pornography.

John Beyer is getting increasingly loud urging all three party leaders to make a commitment to tackle the "corruption" of our culture by the "powerful" entertainments industry.

Has it not accord to Mr Beyer and Mediawatch UK that if this issue was so much of a concern to the public, as he claims, the politicians with have made it part of their manifestos.

It seems the so called influence of the media in our society is a minute issue as far as the public are concerned, with crime, the illegal war on Iraq, immigration and the health service the main issues of concern.

Mr Beyer expect the politicians to suggest stringent censorship upon the entertainments industry in order to control crime and anti social behaviour. But no politician would do this because he or she would be branded as "nanny state" by most of the public. And quite right, we don't need protection from the media industry we need protection from those who commit criminal acts, who are fueled by their own twisted desires and lack of morals and not by anything that the media has put out.

I suggest Mediawatch are using the general election to garner publicity and support for their outdated campaign and to get on board more paying supporters. Their cynical exploitation of the election for their own ends is truly sinking to a new low.

 

Why is Sex Taboo?

IanG
From The Melon Farmers' Forum

You know guys, I've been trying to figure out just when, how and more importantly WHY the 'establishment' decided to make sex a taboo subject. I'm not sure there is a definitive answer but, there have been a plethora of natural history/anthropological programmes on TV recently, including Tribe, Ray Mears and this new Amazon series on BBC2, which demonstrate some of the beliefs in our society are not only unfounded but completely wrong. All these programmes show quite clearly that mankind CAN live a peaceful, serene existence and be naked at the same time. Society does not breakdown just for the sake of people being nude or children knowing about sexual practices. We do not descend into debauchery simply because we wear no clothes. Indeed, left to our own devices we are more than capable of controlling our sexual desires and do not become sexually stimulated by the mere sight of naked flesh.

It is therefore a consequence of living our lives as this society's laws demand that actually create an environment which allows our sexuality to be exploited. Faced with naked men and women in our daily lives actually raises our need for emotional ties to our partners in order to evoke sexual stimulation. Obviously, this is the 'higher state', or indeed, the natural state in which our relationships SHOULD normally operate. We should not be open to exploitation from any naked 'dancing girls', although, there's no guarantee porn and prostitution would not exist (but would most likely only cater to single people).

The thing that really annoys me about our society is that we have had our 'innocence' denied at birth. We are not allowed to set our own 'boundaries'. We are not allowed to live and interact in our natural state (or any state of undress) in public. All these experiences, which WOULD 'align' and 'balance' our sexual desires and expectations as we grow-up, have been systematically destroyed in the name of 'decency'. I'm afraid I see nothing decent in creating a society so fearful of it's own sexual needs that it stigmatises and even locks people away for doing what comes naturally. Indeed, it is a crime that we are denied the very types of stimulus we need in order to develop a healthy regard for sex and loving relationships.

It should be clear to anyone with half a brain cell that it is a reaction to society's rules which gave rise to the so-called sex industry. One would not exist without the other, it's a simple matter of supply and demand. Create a society devoid of sex and nudity and hey presto a need arises for sex and nudity. 'Decent Society' therefore has only itself to blame. And moreover, those who wish to enforce society's standards just exacerbate the problem, creating an ever deepening divide between what we have become and what nature intended us to be. One lesson we should have learnt by now is that we tamper with the natural order of things at our peril.

It was said nearly 3000 years ago by one of the greatest minds of that time that "no ideas are natural". How true those words are. Society's politics, beliefs etc. are all unnatural and will undoubtedly cause damage to our 2 million year old heritage. Mankind survived all that time without any interference from government or moral guardians. The simple truth is, government was never meant to interfere with our personal lives, it was created to manage the effects caused in the wake of the spread of civilisation. People should be free to believe anything they wish however, when those beliefs are then imposed upon other people in the belief that 'we know best' the problems begin. It is a matter of historical fact whenever a group of people believe they are superior to others disaster follows (Customer Support take note: there is no place for fascist, xenophobic politics).

Our history tells us our society grew out of a religious Christian background. It is most unfortunate that those who claim to follow religious teachings fail to understand the essence of their own beliefs. Sex is not 'sinful', sexual desire is only nature's way of ensuring our continued existence after all. The message 'from God' has obviously been misinterpreted or indeed, deliberately tampered with in order to achieve someone's own agenda. That agenda is now a legacy we have to live with. No doubt other contradictions in the Bible, such as supporting slavery, are the work of man too and not a true message 'from God'. No wonder the religious have a problem understanding the meaning of words like 'tolerance', 'understanding', 'forgiveness' and 'co-operation'. A successful society has to demonstrate understanding, tolerance and co-operation else it fails to function as a society. The recent protests over plays in theatres and on TV highlight the fact that our free society now hangs by a thread. These protests display none of the fundamental requirements a free society demands and demonstrate the dangers of placing beliefs and feelings above the need for peaceful co-existence. If these religious factions are not corrected, we could fall back into the ways of witch hunts and holy war crusades. MediaWatch for instance make no secret of the fact they are on a 'crusade to clean up TV'. Only their own intolerance fuels the need for this 'crusade' and I suggest as 'good Christians' they go read the bit about 'turning the other cheek'. If art is good for anything, it is the vehicle by which people's attention can be drawn to the inadequacies and failings within society. If that means portraying violence and bad language or even 'blasphemy' then so be it.

So, 'decent society' does not come from imposing 'decency' upon society. Society should be free to explore all the possibilities and, even if something 'goes beyond the limit', society must be prepared to understand and tolerate such extremes. That's not to say we abandon all law but, it means we only enforce law which protects the rights of others. And that is the point of law is it not - to allow us freedom to do with our lives what we will and ensure we do not abuse the rights of those around us? As sex is the be all and end all of our very existence, it makes no sense whatsoever to suggest it is in some way damaging to children or adults alike. No one has a right not to be offended, indeed it is the very purpose of the right to free speech to allow us to cause offence! As Dreamlife points out, throughout the rest of Europe 'children' of 16 are allowed to watch porn and indeed any adult material. Such material is denied to young adults (and prior to 2000 adult adults) in the UK, merely on an unfounded and ultimately pointless belief that it may corrupt them (or cause offence to someone). If sex corrupts then I guess we're born corrupted because that's how we got here in the first place! I simply cannot stress enough how damaging the belief that 'sex is wrong' actually is on the minds of the young. You only need to read the shite on the MediaWatch and Christian Voice web sites to see the sort of damage I'm talking about. Their intolerance and ignorance is suffocating and, if these beliefs are allowed to perpetuate in our law and teaching then there is little hope future generations will develop into the sort of society those laws and teachings are trying to achieve.

If our society is indeed falling apart as some would have us believe, then it follows the foundations of our society were shaky to begin with. If our churches are emptying, then the message they spread is no longer believed. Why then do our legislators feel the need to enforce a message no one believes anymore, when it's obvious that those rules create the very problems they were trying to solve? The simple answer is they do not 'know what's best' for us. So the answer to my opening question is; the powers that be got it wrong at the start and, unfortunately for us, oblivious to their arrogance they continue to get it wrong!

 

Unerotic Manchester Erotica

Simon
Re the Early Closing of Manchester Erotica

My girlfriend and I have attended the last 2 years and this year we will be going to the London show. There are 2 simple reasons for this:

  1. The Manchester show only has a license for topless stage shows, London has a nude license.
  2. The vendors at the Manchester show were much the same for the 2 years we attended, we checked the list for this year and saw the same names and the same products. Also, there are more vendors at the London show.

So, while it may be easy for the promoters to stir controversy by blaming 'Northern Men,' the real reasons may be totally different. I do hope the Manchester show continues however, not everyone can get to London and the relaxed atmosphere must encourage many more shy people.