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15th January   

Offsite: It's Obscene!...

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Podcast with lawyers and campaigners discussing impact of the R v Peacock obscenity acquittal

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 full story: Obscenity in the UK...Gay fisting, urolagnia and BDSM found not obscene by jury

north pod lawThe podcast is introduced as follows:

Well this week it's all about sex again! And you really probably should ensure your children aren't in the back seats if you're listening in the car. Awkward questions might abound. Ben, Kirstin and regular contributor, Jonathan Holt, talk with Alex Dymock once more following the verdict in the Southwark Obscene Publications Trial and are joined by Myles Jackman, one of Michael Peacock's defence team and journalist David Allen Green to discuss the merits of repealing the 1959 Act and what this verdict means for future prosecutions.

...Listen to the podcast

Sergio has also kindly listed articles discussing this R v Peacock case:

blog.indexoncensorship.org/2012/01/06/obscenity-trial-verdict-michael-peacock-pornography/
en.wikipedia.org/wiki/R_v_Peacock
www.freedominapuritanage.co.uk/?p=2042
janefae.wordpress.com/2012/01/06/news-feed-an-end-to-obscenity-law/
lawandsexuality.blogspot.com/2012/01/fisting-in-courtroom.html
www.newstatesman.com/blogs/david-allen-green/2012/01/crown-court-prosecution
www.newstatesman.com/blogs/david-allen-green/2012/01/peacock-trial-fisting
obscenitylawyer.blogspot.com/2012/01/obscenity-trial-of-decade.html
strangethingsarehappening.com/news-obscenitytrial.html
www.guardian.co.uk/law/2012/jan/07/obscene-publications-act-future-doubt
www.guardian.co.uk/law/2012/jan/06/obscenity-trial-law-digital-age
www.lawgazette.co.uk/blogs/blogs/news-blogs/an-obscene-waste-money
www.lawgazette.co.uk/obiter/bottoms-and-broomsticks
www.newstatesman.com/blogs/the-staggers/2012/01/obscenity-law-depraved-trial
www.politics.co.uk/comment-analysis/2012/01/06/comment-are-we-seeing-the-death-of-obscenity
www.theweek.co.uk/law/44124/sleazy-michael-wins-obscenity-trial-over-fisting-dvds
quietgirlriot.wordpress.com/2012/01/11/freedom-in-a-puritan-age-or-not/
timeritous.wordpress.com/2012/01/09/r-v-peacock-the-last-obscene-publications-act-prosecution/
sexonomics-uk.blogspot.com/2012/01/obscenity-trial-ends.html
www.solicitorsjournal.com/story.asp?sectioncode=2&storycode=19392
www.bbc.co.uk/news/uk-16443697
mag.bent.com/news/not-guilty-verdict-in-gay-porn-obscenity-trial/

 

27th September   

Ageless Cartoons...


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Simpsons porn animations could not be assigned ages in Canadian trial

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ontario courtDownloaded pictures of the animated likenesses of characters from The Simpsons television show engaged in sexually explicit acts does not constitute child pornography, an Ottawa judge has ruled, acquitting a man of possessing the graphic images.

Ontario Court Justice Robert Fournier ruled a pair of sex pictures of Bart and Lisa Simpson and Bart's friend Milhouse found in the recycle bin of Richard Osborn's computer can't constitute child pornography because an objective observer would find it difficult, if not impossible to assign ages to the characters from the popular show by looking at the picture.

My perspective is that the characters depicted could just as easily be perceived as teenagers or young adults, said Fournier.

However Fournier did find Osborn guilty of possessing child pornography for a separate collage that included pictures of naked children, adult pornography and bestiality.

 

16th July   

Harrowing Drawings...

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First trial under the Dangerous Drawings Act

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HM Courts ServiceSteven Freeman, who led the Paedophile Information Exchange, admitted charges relating to 3,000 drawings found at his south London home.

The drawings found at Freeman's home, where the group met, were described at the Old Bailey as vile and disgusting. Police found he had been drawing images of children being raped. The harrowing drawings were said to be amongst the worst seen by police.

The trial was the first under the 2009 Coroners and Justice Act which includes sketches among indecent images.

Police also found about 14,500 pictures and films on computer disks at the home of Freeman and two of the other defendants. Tens of thousands of images were stored on encrypted hard-drives, officers believe.

Freeman pleaded guilty to 10 specimen charges of possessing incident images, three charges of distributing the material and one count of failing to disclose the password for an encrypted computer. He was given an indeterminate term for public protection with a minimum term of 30 months.

The other defendants were given prison sentences from 12 to 24 months.

Comment: In the shadow of more serious offences

From Angelus

So, the first prosecution under the "Dangerous Cartoons Act" was successful. And as usual in these matters, the police and the CPS have started with the low-hanging fruit. Given the gravity of the other offences these people were charged with, there is no doubt that no questions were raised about the legality of the Coroner's and Justice Act's provisions to criminalise the possession of drawings with respect to universally accepted and understood principles of freedom of conscience.

A drawing is a record of a thought, an idea, and the freedom to think and to communicate ideas is essential in a free society. It does not and should not matter that the thought itself may be repugnant to the vast majority of people - what matters should be the right of people to think what they choose and to communicate those thoughts. If those thoughts then lead to actions then full weight of the law should rightly descend upon them, but the transmission of ideas, even repugnant ones, should and must remain a fundamental right.

Anime girl of indeterminent age
How are we expected
to know how old she is?

Criminalising Anime Dangerous Cartoons Act

The UK Government has introduced a clause in Coroners and Justice Bill to criminalise the possession of non photographic but pornographic images of children with draconian penalties of up to 3 years in prison.

Public Consultation

The Ministry of Justice has published a summary of responses [pdf] to a consultation paper that sought views on making all supposedly obscene images of children illegal including cartoons and drawings:

The Act

The Dangerous Cartoons clauses are found in Part 2 Chapter 2 of the Coroners and Justice Act 2009 and explanatory notes.

The Melon Farmers have also identified what they consider the key points of the law

Current Status

The Bill passed into law when it received Royal Assent on 12th November 2009. The Dangerous Cartoons clauses came into force on 6th April 2010.