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Melon Farmers



9th July

 Update: An Extreme Form of Flattery?...


Nice 'n' Naughty

Malta copies UK definitions of banned 'extreme' pornography whilst noting that they are 'not without controversy'
Link Here  full story: Censorship Law in Malta...Lawnmakers hide obscenity law behind child protection
Malta flag As reported yesterday, Malta's Justice and Culture Minister Owen Bonnici has announced new amendments to censorship laws, which he said make good on the Labour Party's promises in opposition to prevent the further criminalisation of artists and citizens based on archaic laws pertaining to obscenity.

Obscenity laws introduced in 1975 under a Labour government, which generically outlawed articles that unduly emphasised sex, crime, horror, cruelty and violence , will be repealed.

Pornography will now be defined as something which is made with the express aim to sexually arouse, and will be allowed to be distributed to adults, provided appropriate warnings will be given.

However examples of extreme pornography will be banned outright. These are defined as an act which threatens a person's life, an act which results in a person's severe injury, rape or a non-consensual sexual activity, sexual activity involving a human corpse, and any act involving a person an animal.

Speaking to MaltaToday, Andrew Sciberras, part of the legal team charged with assembling the new law, ensured that strong defenses are in place for however falls foul of these new amendments, and that each case will be allowed to be considered on a case-by-case basis.

Sciberras explained that the amendments are based on the British equivalent of the same laws, which he admitted were not without their controversy . He was referring specifically to the extreme porn laws , which led to protests following their introduction in the UK in 2008.

This law has proven to be problematic when it comes to, for example, pornography of the bondage-and-masochism (BDSM) genre, which while often suggestive of violent activity by definition, could also be presented in a fictionalized setting, and performed in a safe environment.

Sciberras added that in all cases, the context of the work in question -- be it visual or a work of literature -- will be considered in context to determine whether its worth is solely pornographic or not

 

15th June

  Appointed a personal shepherd...


Nice 'n' Naughty

Suspended prison sentence and some state 're-education' for bestiality images
Link Here
HM Courts Service A student studying animal management built up a library of illegal pictures depicting humans and animals having sex, a judge heard.

The student admitted possessing 284 images classed in law as being extreme pornography.

Swansea crown court heard how police found the images on his laptop.

The student was jailed for 16 weeks, suspended for a year. He was also placed under supervision for 12 months and ordered to complete a one-to-one course to help him understand the 'harm' that was caused in the creation of the images. (presumably the twisted definition whereby making a personal copy is vindictively conflated with the act of photographing or directing the original image).

 

6th June

  The cost of converting innocent people into criminals...


Nice 'n' Naughty

Cumbria police whinge about the high cost of scanning victim's PCs so that they can be persecuted for dangerous pictures
Link Here
police cumbria logo Dangerous Pictures victims are waiting up to two years for cases to come before the courts, as police are struggling to keep on top of mountains of computer evidence.

A surge in the seizure of people's computers is leading to some victims facing longer waits for a court date. Laptops, PCs, tablets and mobile phones displaying the internet are increasingly involved in investigations with a huge amount of data being processed by the county force.

Carlisle's top judge, Paul Batty QC, raised concerns over one case before him at the city's crown court after it took about two years to reach its conclusion.

Detective Inspector Neil Cooper, of Cumbria Police, explained how the force dealt with the rise. He said:

In the past few years an increasing number of crimes investigated by the police involve the use of computers, internet-enabled mobile phones and other data storage devices. As a result Cumbria Constabulary's hi-tech crime unit are examining an increasing number of devices, many of which have a huge amount of data on them.

Each case is risk assessed and the examinations are prioritised in order to ensure that the cases where there is the greatest risk to the public are dealt with the quickest. On occasions, other cases where there is a low ongoing risk to the public do take longer to be completed.

Carlisle Crown Court heard how one case where a man downloaded extreme porn featuring animals took two years to reach its conclusion. The case against Victor Noble came to light in 2013, but it only appeared before the city court this month. Noble admitted five counts of possessing extreme pornography and was made the subject of a community order.

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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