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20th March   

Update: Manga is Not a Crime...

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Man arrested by Canadian Customs re Manga comics has been cleared of criminal charges

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 full story: Canadian Customs...Taking a particular interest in banning gay material

manga-is-not-a-crime logoThe Comic Book Legal Defense Fund and the Comic Legends Legal Defense Fund are pleased to announce that the Crown has withdrawn all criminal charges in R. v. Matheson, the case previously described as the Brandon X case, which involved a comic book reader who faced criminal charges in Canada relating to comic books on his computer. The defendant, Ryan Matheson, a 27-year-old comic book reader, amateur artist, and computer programmer has been cleared of any criminal wrongdoing.

After a search of his laptop in 2010, Matheson was wrongfully accused of possessing and importing child pornography because of constitutionally protected comic book images on that device. He was subjected to abusive treatment by police and a disruption in his life that included a two-year period during which he was unable to use computers or the internet outside of his job, severely limiting opportunities to advance his employment and education.

Matheson has agreed to plead to a non-criminal code regulatory offense under the Customs Act of Canada. As a result of the agreement, Matheson will not stand trial.

Although the outcome of this case is ultimately positive, comic book readers should be aware that there are still dangers for traveling with comics in Canada. Michael Edelson, who managed the defense said:

Aside from the very positive outcome to this story, your members should be cautioned concerning the search and seizure regime here in Canada exercised by the Canadian Border Services Agency. Moreover, they should also be aware that although anime and manga is legal in many areas of the United States and Japan, etc., to possess and utilize, the Canadian authorities may take a different view if this material is found on any laptops or mobile devices when you enter the country.

Edelson’s firm has created a new advisory on traveling with comics and manga in Canada that is available here: CBLDF – Legal Memorandum – Canada Issues. The CBLDF’s previous advisory, which addresses the issues of traveling with comics through international borders is located here: CBLDF Advisory – Comic Book Art at Intl Borders

Please visit cbldf.org today to make a donation in support of paying off Ryan's legal defense and creating new tools to combat abuses like this from happening in the future. You can also support this effort by becoming a member of the CBLDF. Every contribution helps CBLDF get Ryan back on his feet, and furthers our efforts to protect the First Amendment rights of comics and manga.

 

18th February   

Of Great Concern...

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Cartoon porn implicated in US murder case

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Washington state sealThe Olympia, Washington, father who murdered his two boys with a hatchet, then burned down his house in an explosive inferno apparently had a collection of cartoon porn.

Utah authorities investigating the unsolved 2009 disappearance of Josh Powell's wife knew of 400 pornographic images that Powell kept on his computer. According to a psychologist's official findings, the images were of great concern and suggested a more penetrating psychological evaluation of Josh Powell was needed before granting him access to his children.

That evaluation was never to be. Just six days after Powell's psychologist went on record, Powell killed himself after murdering his two young sons.

Many of the images recovered from Powell's computer depicted popular cartoon characters in sexual situations and provocative poses. The cartoons that turned up in Powell's collection included Rugrats, Dennis the Menace and SpongeBob SquarePants, according to the Washington Post.

 

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/

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.