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Melon Farmers



15th April

 Offsite Article: Criminalising kink: Cameron's porn crusade...

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index logo Index on Censorship criticises the extension of Dangerous Pictures to include simulated rape

See article from indexoncensorship.org

 

9th April

  Extreme Policing...


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Even police fall victim of the Dangerous Pictures Act
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Metropiltan Police badgeA policeman from the squad tasked with guarding the British prime minister's Downing Street residence has fallen victim of the Dangerous Pictures Act and been charged with distributing extreme pornographic images via his mobile phone. The Dangerous Pictures Act introduced penalties for possessing extreme porn but also increased the penalties for distributing obscene material under the Obscene Publications Act.

Jenny Hopkins of the Crown Persecution Service said:

Following a review of the evidence, we have concluded that James Addison, a police constable in the Diplomatic Protection Group, should be charged with 11 offences. It is alleged that between 17 February 2013 and 6 June 2013, PC Addison distributed moving images via his mobile telephone, contrary to section 2(1) of the Obscene Publications Act 1959.

The decision to prosecute was taken in accordance with the Code for Crown Prosecutors. We have determined that there is sufficient evidence for a realistic prospect of conviction and that a prosecution is required in the public interest.

PC Addison will appear at Westminster Magistrates' Court on 23 April 2014.

 

30th March

 Updated: BBFC suggests further extensions to Dangerous Pictures...

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Causing actual massive harm to men, women, and children in the name of preventing a one in a million chance of porn causing otherwise innocent men to become rapists
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home affairs committeeFascinating to see all these moral high grounders and gender extremists debate the rather unproven harm of porn whilst glorying in the chance to put men in prison. As if this doesn't cause actual massive harm to otherwise law abiding men, their wives and their children. Not to mention the tax payers who have to foot the hefty bill to trash these people's lives

Public Bill Committee for the Criminal Justice and Courts Bill
Third Sitting, Thursday 13 March 2014

David Austin : My name is David Austin. I am the assistant director at the British Board of Film Classification, responsible for policy and public affairs. The BBFC is the UK's independent regulator of film and video content. We operate online and offline. Our interest in clause 16 is whether it will have any impact on our classification of sexually violent and abusive pornography, particularly as we are under a legal obligation under the Video Recordings Act 1984 not to classify any content that is illegal.

Murray Perkins : I am Murray Perkins. I am a senior examiner at the BBFC. I have responsibility for day-to-day classification of pornographic works and a particular expertise in those pornographic submissions.

Committee member Dan Jarvis : Do you think there are examples of sexually violent material that would not be captured by the Bill as drafted?

David Austin : Yes, there are examples of sexually violent material that are not caught by the Bill. There are a number of areas of violent and abusive pornography that are not caught. It might help if I list one or two of those areas.

Clause 16 clearly talks in terms of realistic and explicit depiction of rape in pornography. We deal with quite a large number of pornographic works every year and have done for many years. Some of these feature clearly fictional depictions of rape and other sexual violence in which participants are clearly actors, acting to a script. These works may include scenes of relentless aggressive abuse, threats of physical violence with weapons and forced acts of sex. Depending on how realism is interpreted in future -- certainly it has been interpreted very narrowly in the past, but I understand that the Government will amend some of the explanatory notes to the Bill on realism -- that may change.

Another area where we cut porn on harm grounds under the Video Recordings Act relates to abduction scenarios where individuals are shown bound, kidnapped, struggling with bonds, and whimpering -- shown as victims restrained against their will with no other context. We also cut grooming scenarios which feature the grooming of individuals portrayed as youthful, sometimes youthful and vulnerable --sometimes they may have the appearance of children, although they are not children but adults -- by characters in dominant roles. Animation is another area which we cut. There is a Japanese genre called hentai which is a pornographic genre which features things like incest, underage sex and forced sex. They may be realistically animated but you could argue that they are not realistic in the terms of the Bill. The fact that animated images can be harmful is already accepted by Parliament in the Coroners and Justice Act where pseudo images of children in sexual abuse situations are illegal.

The final area relates to explicit rather than realistic. We remove from pornographic works sexually violent content that in our view is harmful, where, for example, you cannot see the explicit act of penetration but the viewer is led to believe that this is a rape scenario, albeit acted. We remove that content.

Dan Jarvis : Do you think there would be merit in explicitly referring in the Bill to those extreme types of pornography?

David Austin : One of the things that we need to bear in mind in relation to this Bill is that although clause 16 is tightly defined, the offence is one of possession, and when we cut in the physical world, on a physical DVD, the offence is one of supply. The Bill is part of a wider approach to aligning protections online and protections offline. We understand that, following a consultation by the Department for Culture, Media and Sport published in July 2013, the Government will bring forward legislation to deal with exactly the kind of content that I have just described to make this content illegal on UK video-on-demand platforms. That will align our standards on harm, which are based on research, with the standards applied by Atvod, the Authority for Television on Demand, which is the UK regulator of UK-hosted video on demand. That legislation would cover UK-hosted content that I have just described.

Committee member Sarah Champion (Rotherham) (Lab): Mr Austin, you mentioned as a throwaway that child abuse and child grooming were covered under other legislation. Could you expand a little on that? Is it strong enough as it stands?

David Austin : It was in reference to animation. We have not seen the updated explanatory notes on the Bill -- I do not know whether they have been published yet. The notes that we have seen do not talk about animated content. It is possible to argue -- do not know how the courts will interpret it -- that animation is not realistic, even though it is getting more and more realistic all the time with computer-generated imagery. CGI images of children and animated images of children in sexual abuse situations are illegal under the Coroners and Justice Act 2009, so that would take care of animated depictions of child abuse, but it does not take care of animated depictions of rape of adults, for example.

Sarah Champion : But are animated or real films of child abuse and child grooming covered under current legislation?

David Austin : That is covered in other legislation, yes.

Update: Press and politicians pick up on BBFC suggestions to extend the definitions of Dangerous Pictures

30th March 2013. See article from express.co.uk

daily express logoThe Daily Express Writes:

David Cameron vowed  to ban pornography involving simulated rape and said that online videos would be subject to the same rules as those sold in sex shops.

However. MPs were astounded when David Austin, assistant director of the British Board of Film Classification, revealed that actors who are clearly following a script could avoid falling foul of the Criminal Justice and Courts Bill, which is making its way through Parliament.

As the Bill stands, an image will be banned if it portrays something in an explicit and realistic way . So-called blue films are not, however, usually renowned for their realistic plot lines.

Austin said:

There are examples of sexually violent material that are not caught by the Bill. Clause 16 clearly talks in terms of realistic and explicit depiction of rape in pornography.

Addressing MPs, Labour's shadow crime and policing minister Diana Johnson said:

What the Government is doing is welcome and it's important but at the moment it doesn't go as far as the Prime Minister originally promised. His pledge was to ban material that was so extreme that it would be banned from licensed sex shops. We're not talking about role-play here but hardcore pornography portraying rape and violent abuse.

In a letter seen by the Sunday Express, Mr Cameron promised to take action to end loopholes by amending the Bill.

 

28th March

  Bollox Britain...


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18 year old's life trashed over 3 lousy dangerous pictures
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HM Courts ServiceA teenager has appeared in court after dangerous pictures were found on his phone.

Daniel Talbot, 18, admitted possessing extreme pornographic images, which consisted of three videos which showed people having sex with animals.

Stephen Scully, for Talbot, told the hearing at Shrewsbury Crown Court that the teenager had found the images on the internet: It would appear to be stupidity and immaturity on his part.

Judge Simon Tonking, presiding, adjourned the case for reports to be prepared. He said: These images are pretty disgusting.

Surely just having 3 images shows that this is not a particular interest, and is more likely just to bad taste tomfoolery.

Police raid house

The Dangerous Pictures Act

The UK Government passed the Criminal Justice & Immigration Act 2008 criminalising the possession of adult, staged, consensual violent pornography with draconian penalties of up to 3 years in prison. The law also bans images of bestiality and necrophilia.

The law applies to England, Wales & Northern Ireland

See Document Index

Latest

2014 Extension to images depicting non-consensual sex

See bill progress at Criminal Injustice and Courts Bill index page: Passed 2nd Reading in the House of Commons

England

The Dangerous Pictures chapter of the Criminal Justice and Immigration Act 2008 came into force on January 26th 2009.

Government guidance [pdf] has been published to further explain what images are considered dangerous to possess.

See also CPS Extreme Pornography: Legal Guidance

Scotland

A bill was passed in June 2010 to become the Criminal Justice and Licensing (Scotland) Act 2010 [pdf].

The clause came into force on 28th March 2011. Public guidance has now been published by the Scottish Government

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

Criminalising Anime Dangerous Cartoons Act

The UK Government 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.

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

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. 

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