Relish XXX
UK's No 1 Adult Producer
www.RelishXXX.com

 Extreme Pornography...
 
Dangerous Pictures Bill: 2007

 Hardcore DVD
 Online Sex Shops
 Magazines
Sex Shops List
Satellite X Channels
Internet Video
 
 

Melon Farmers Icon

 Home BBFC
Nutters  Sex & Shopping
 Index TV Liberty  Sex Sells News
 Links UK Criminalising Extreme Porn  Sex Sells Reviews
 Forum World Criminalising P4P  Sex Shops List  
Tattered Union Jack UK Censorship UK News Government Censorship Parliament Watch
  European News Criminalising Extreme Porn Customs Watch
  Petitions & Campaigns Criminalising P4P Customs Seizures
    Satirically Dangerous Pics  

Å

Æ Æ  2007  
Extreme Porn  2005  2006  2007  2008  Latest
   1 page  1 page  1 page  4 pages   
Previous Next Latest  

Criminalising Extreme Porn: Dangerous Pictures Bill: The UK Government have introduced a Criminal Justice & Immigration Bill to criminalise the possession of adult, staged, consensual violent pornography with draconian penalties of up to 3 years in prison.

Support for proposed law? No Yes
Individuals 223 90
Organisations 18 53
Totals 241 143

Public Consultation: A biased Government consultation was initiated but the unsupportive responses were sidestepped. The Government then recruited a team of feminists to try and bolster their case with a discredited Rapid Evidence Assessment

Current Status: The Dangerous Pictures chapter of the Criminal Justice and Immigration bill is now detailed online with explanatory notes. The Bill was debated in Parliament on 8th October 2007. It passed through committee and then the 3rd reading unamended on 9th January 2008. It is now to being debated in Lords Committee with report debates on 27th March, 2nd, 21st & 23rd April with 3rd Reading 30th April.

Police raid house

See Backlash to oppose this law.



28th December  Comment:  Where's the evidence?...
   
Dangerous Pictures Act: No evidence and careless drafting

Ministry of Jutsice logoThe government is well on its way to criminalise possession of 'extreme pornography' without proper research into its effects.

Call me naïve but I am surprised and aghast: in particular, that this Bill will go through with no proper public debate. Tucked away in Section 6 is the nasty piece of legislation which will define many kinds of sexual behaviour as inherently deviant and criminal. You won't need to have actually indulged in these acts yourself to be brought within the ambit of the law - possessing an image of it will do, and could get you three years in jail.

The Justice Ministry claims that "increasing public concern about extreme pornography" makes this legislation necessary. But it seems that only a few members of the public actually know about or have seen the kinds of material that will fall under the legislation. A further claim is made, that were it not for the availability of "extreme pornography", Graham Coutts would not have murdered the schoolteacher Jane Longhurst -a claim that attempts to silence any objection to the Bill as evidence of not caring about the tragic death of a young woman.

There are a number of problems with this reactionary Bill. As Rabinder Singh QC concluded, the legislation is probably incompatible with the European Convention on Human Rights. But of particular concern to me is the enthusiastic pushing through of this Bill with no public debate and no examination of the government's central claim that merely looking at pornography causes aberrant behaviour.

It is in the promulgation of this particular claim that the ministry has effected a sleight of hand, first in refusing to engage with any of the objections to the original consultation document offered by researchers and academics whose careers and reputations have been built on the examination of taboo media forms and their audiences. Thus the Bill has no intellectual or evidential base for its claims.

Secondly, in order to present some semblance of substantiation rather than the rhetoric of the moral crusader, a "rapid evidence assessment" was commissioned. Again, academics with expertise in the study of media were overlooked in favour of three professors known for their anti-porn views and their PhD students who have produced an entirely one-sided account focusing on some of the most discredited lab-based studies as ad hoc justification for the legislation. As a colleague puts, it "You might as well ask Esso to investigate the role of the oil industry in global warming." Academic research which might undermine the central premise that pornography causes harm was completely ignored and now, in parliamentary debates, this document is quoted and used as if it represented a comprehensive review of the current state of research.

The government has no evidential base for the legislation and has been entirely careless in its drafting of the particular provisions relating to pornography - its definitions of what constitutes porn are so loose that there are real dangers that all kinds of material currently available will fall under the watchful gaze of the police and moral entrepreneurs. Indeed, this is precisely what supporters of the provisions hope for: that in succeeding against "extreme" materials, they will be able to move forward to ensure that no one has access to sexually explicit materials, hard or soft. The particular problem with this legislation is that it sows the tendentious belief that pornography does things to people, that it is a form of "heroin for the eyes", creating monsters of its viewers. Once it is enshrined in law, there will be no need to understand tastes and pleasures or to research people's use of porn, it will simply be identified as criminal behaviour. The government has not and cannot make a compelling case for this legislation; we should be calling the ministry to account.

Comment: A call for campaign support

From freeworld on the Melon Farmers Forum

Can I suggest as many people as possible write to the Ministry of Injustice, asking for the prompt release of the legal advice saying the measures are compatible with the Human Rights Act/European Convention of Human Rights

This in the light of HR barrister Rabinder Singh's conclusion that said measures give cause for real concerns about their compatibility.

Personally, I doubt the existence of any advice at all (or maybe they are hiding advice which says the measures aren't compatible?) Legal advice like this is probably only covered by a qualified exemption to its release-dependent on public interest. There is obviously a strong case for public interest over advice as to the compatibility of this proposed law, which the Ministry of Injustice themselves admit interferes with Article 8 (Private family life) and 10 (freedom of expression) of the HRA/ECHR .

 

23rd December    Continuing Backlash...
   
Fine work lobbying against the Dangerous Pictures Act

See No EVil logoThe fine folks at Backlash are to be congratulated for continuing their excellent and effective campaign against the Dangerous Pictures Act.

They are following the progress of the bill through parliament and submitting detailed and reasoned arguments to the appropriate members and committees at every step.

Here are a couple of recent submissions that indicate the amount of work being put in. They have been presented to the parliamentary Joint Committee on Human Rights who scrutinise bills for human rights compatibility

 

20th December  Update:  Extreme Hopes...
   
Harry Cohen's amendments to extreme porn bill re-submitted

House of CommonsHarry Cohen has re-submitted his amendments to the Criminal Justice & Immigration Bill Part 7 Criminal Law:

Page 65, line 17 [Clause 94], leave out ‘appears to have’ and insert ‘has’.
Page 65, line 20 [Clause 94], leave out ‘appears to have’ and insert ‘has’.
Page 65, line 27 [Clause 94], leave out ‘it appears that’.
Page 65, line 33 [Clause 94], leave out from ‘which’ to end and insert ‘results in a person’s death or a life-threatening injury,’.
Page 65, line 34 [Clause 94], leave out from first ‘in’ to end of line.
Page 65, line 36 [Clause 94], leave out ‘or appears to involve’.
Page 65, line 38 [Clause 94], leave out ‘or appearing to perform’.
Page 65, line 40 [Clause 94], leave out ‘or appears to be’.

Write to your own MP and ask them to support these amendments

These amendments would ensure that people wouldn't be prosecuted for possessing legally produced images with staged violence.

Forum members have commented that hopefully these amendments may have been accepted by bill sponsors after some heavyweight opposition and concerns about human rights compatibility

 

17th December  Update:  Addicted to Bollox TV...
   
TV documentary on porn addiction unimpressive

Channell 4 logoAggregate reviews from the forum

Just watched this crap, it was, as expected, sensationalist journalism at its worst.

Partly about Coutts and partly about a man addicted to porn trying to quit his addiction.

Several times the program said that Coutts addiction lead to his murdering Jane Longhurst and the only corroboration was a cop who declared that he was convinced the porn made Coutes do it and an American psychologist who has studied sexual criminals and said that they all seemed to to use porn. One person saying extreme porn 'normalises' violence and another that looking at extreme porn could lead to wanting to commit violence.

A pretty grim and harrowing resume of the Longhurst case, I have to report. More generally, the show starts by saying how 4 million men regularly use porn, but fails to mention how it's use amongst women is actually the biggest growth area. Not a word of dissent was presented to challenge the central view of "porn being damaging" in the whole hour long spectacle.

It wasn't just bad that the Coutts coverage was one-sided, but that they conflated it with the very separate issue of porn addiction at all. The show would've been a bit better if they'd just made it a story on some people's struggle with porn addiction, without trying to conflate it with the very political issue of Coutts' case, or trying to scaremonger it into "Porn is bad!"

The whole thing reminded me of the parody propaganda film in Futurama's I Dated A Robot - if you watch women On The Internet, you will lose interest in real girls and won't hold down a job!

 

16th December    Addicted to Repression...
   
Channel for to broadcast documentary about porn addiction

Channell 4 logoLiz Longhurst, whose daughter Jane was murdered by a man said to be addicted to extreme internet pornography, is appearing in a Channel 4 documentary to be screened on Sunday.

Mrs Longhurst will give her views in the documentary, which examines how men's relationships with women are said to suffer due to porn addiction.

The Channel 4 programme will explore claims that there is a chemical basis for the condition, and draws on scientific research concluding that porn taps into the same dopamine pathway in the brain as cocaine.

Longhurst said: I give my views on the programme that it's hard to say why people become so heavily addicted to pornography. And I accept that it is only in a few cases where individuals feel compelled to act out extreme acts of violence upon women inspired by internet pornography like Graham Coutts did to my daughter.

Longhurst added: I strongly believe that certain people like Coutts would not commit such horrendous crimes if the imagery that they become addicted to was not so readily available. A lot of people view child pornography out of curiosity and later become addicted. Some will then carry out sexual acts on children, and most cite online pornography as the driving force behind their behaviour.

But I do not object to all types of pornography. I want to make this clear. I have a live and let live attitude. I tolerate a lot of things I am opposed to. What I object to is imagery that inspires violence.


Addicted to Porn is due to be screened on Channel 4 on Sunday 16th December at 11.25pm.

 

17th October    Extremely Poor Research...
   
Laying into the government's case for Dangerous Pictures law

Letter writerLetter to Parliament from

  • Martin Barker (Professor of Film & Television Studies, Aberystwyth – director of 2007 BBFC-funded research project into audience responses to screened sexual violence)
  • Clarissa Smith (Senior Lecturer in Media & Cultural Studies, Sunderland - author of One for the Girls: The Pleasures and Practices of Porn for Women, Intellect, 2007)

To the Committee on the Criminal Justice and Immigration Bill

As academics and researchers working in the fields of film, media, cultural studies and social science we would like to make the following submission to the committee. In view of the shortness of time to put our concerns to the committee, this submission is brief and to the point, we trust that the issues raised will be given due consideration by the committee and that a further more detailed submission will be made possible.

Our concerns relate to Section 6 of the proposed bill on the Criminalisation of the Possession of Extreme Pornography and are as follows:

  1. The necessity for the legislation appears to rest on an amorphous ‘increasing public concern’ about ‘extreme’ pornography – the evidence base for this public disquiet is not offered. As researchers in the field we are aware of a long history of evidence that panics about troublesome media forms are not innocent of their own politics and prejudices.
     
  2. The definitions of the materials to be legislated against are vague. The proposal and its supporting documents are littered with vague and problematic terms relating to the production and consumption of pornographic materials. In particular, we are extremely concerned by the intention to criminalise images which ‘appear to be real’. Aside from the bluntness of this instrument, the term demonstrates ignorance of the vast body of research which has examined the complexities of viewers understandings and relationships to the ‘real’.
     
  3. Claims that pornographic materials are easily characterised by being ‘clearly for purposes of sexual gratification’ ignores the considerable research evidence that pornography of all kinds has no such singular purpose.
     
  4. Previous research into problematic media has demonstrated that emotive terms such as ‘violent’ and ‘extreme’ frequently act as code-words for objections based on moral, political and taste grounds
     
  5. The proposed law is underpinned by unexamined and unproven causal claims of a link between viewing and perpetrating illegal acts – there is a substantial body of research evidence which entirely refutes these claims and which the consultation process has so far chosen to ignore.
     
  6. There has been no proper opportunity for the presentation of alternative research evidence into culturally controversial media forms.
     
  7. The evidence presented in the Rapid Evidence Assessment is extremely poor, based on contested findings and accumulated results. It is one-sided and simply ignores the considerable research tradition into ‘extreme’ (be they violent or sexually explicit) materials within the UK’s Humanities and Social Sciences.
     
  8. The proposers of the Bill have made no effort to seek out research which investigates how viewers of pornographic materials understand their practices – the effects of ‘extreme’ pornography are assumed and ascribed to ‘problem individuals’ – further research is required which does not presume effects of a singularly harmful kind.
     
  9. The supporting documents for the proposed Bill draws on the emotive language and hyperbole of moral campaigns, a law drafted on this basis cannot be reliable.

We would welcome the opportunity to discuss our concerns with the Committee in detail and should the Committee require further information and evidence we would be willing to prepare a more comprehensive submission.

 

14th October    Extreme Porn in Buckingham Palace?...
   
Perhaps the Queen should be made aware of the penalties

Annibale Carracci: Painting of Leda and a swanThe City of London police have been in, and, says Graham Sheffield, artistic director of the Barbican: they are completely cool. We're kosher. The first ever mainstream exhibition devoted to sex was therefore opened to the public on Friday for the next three months.

Graphic hardly does justice to the romp through 2,000 years of art history's frankest moments. But the organisers argue that context is all: which is why Robert Mapplethorpe's fetish photographs; Nan Goldin's slide of a man ejaculating while having sex with his male partner; even an eye-opening 18th century Arabic manuscript illustrating 10 men having group sex, are all absolutely fine by the police.

Another interpretation of Leda and the swanThis is a serious, art-historical exhibition, which is why even potentially controversial material - such as certain photographs by Goldin showing nude children as part of her sometimes explicit work Heartbeat - is, according to the curators, acceptable.

The Queen, it turns out, is the unlikely keeper of some of the more explicit material - including Annibale Carracci's 16th-century pen and ink drawing of Leda, from classical myth, making out particularly enthusiastically with a swan, the god Jupiter in disguise.

The exhibition entitled, Seduced: Art and Sex from Antiquity to Now, is now open to over-18s

 

12th October    Parliamentary Bollox...
   
Summary of the 2nd Reading of the Dangerous Pictures Bill

House of Commons logoJackboots Straw introduced the Criminal Injustice & Immigration Bill and Nick Herbert responded for the Tories.

David Lepper got up and waxed lyrical about the various newspapers who’d helped in the campaign and the 50,000 signatures which had been raised. He described how extreme pornography had fuelled the fantasies of Graham Coutts. According to him the law didn’t go far enough, as he would like to see the sites themselves tackled at source.

Salter made an intervention and added that 180 signatures had been gathered from MPs against sites like necrobabes and hangingbitches. He pointed out that no new offence as such was being created as this material was already illegal to publish under existing OPA law.

Lepper continued by welcoming the Tory commitment to support this part of the bill. He proposed the passage of this law as a memorial to Jane Longhurst.

Paul Beresford stated that he’d like to see computer generated imagery included. Though it was fairly unclear if he was talking about child porn or extreme pornography by then.
As he seemed to begin on the latter subject but end on the former.

Martin Salter then rose and began demanding ‘Justice for Jane’. Coutts had confessed to beign an addict to violent porn. He repeated that the material was already illegal to publish in the UK. Women abroad were being ‘captured, raped and killed’ for sexual entertainment and profit.

The law was well-crafted, sensible and well thought through. He insisted this was not a new level of censorship. Weird people (sado masochists were belittled and their ‘munches’) could still go about their weird business. But there was no need for them to place their stuff on the net. He had no need to see it. Neither had the public. Those of an unbalanced mind who could be tipped over the edge don’t have a need to see it.

Ideally he’d like to see the law go further. He’d like to see blocking mechanisms. All PCs fitted with blocking mechanism, just like cars have seatbelts. He’d like to see the law go after the credit card companies whose business lubricates this vile trade. He then read out a letter from Liz Longhurst which stated that, had it not been for the corrupting effects of this sites Jane Longhurst would still be alive.

Charles Walker declared he was concerned. Suggesting that the restrictions were not as good as they could be. He stated that he’d been told that extracts from a film such as Hostel II could be deemed illegal under this law. Then it is madness that such a film should be on general release!

Harry Cohen very briefly touched on the issue before dedicating himself to his main subject of youth offenders. He said he was worried about the wording of ‘appears to be’, saying that this could catch all sorts of things within the law.

Evan Harris read out a previous statement by Liberty that extreme caution should be used in legislating morality. The state should justify its reasons for such law, especially as most of the material would be consensual. There was no evidence base for some of this material needing to be banned. If it were already illegal under OPA, why were the OPA definitions not being used, instead of these new and much wider definitions?


13th October  Update:  Extremely Thoughtful...
   
Dr Evan Harris contributes to parliamentary debate

House of Commons logoA few more details on the contribution to the 2nd Reading debate by Dr Evan Harris MP-Lib Dem:

Finally, on the issue of extreme pornography in part 6 of the Bill, as Liberty says in its briefing,

Extreme caution should be exercised when new criminal laws are imposed with the intention of imposing a subjective opinion on what is morally acceptable...the state should be required to provide justifications for legal restrictions on pornography, and to demonstrate that a proposed measure does not go further than is necessary.

Liberty goes on to say that it is vital that legitimate and undamaging behaviour is not unintentionally criminalised by carelessly drafted, over-broad criminal offences. It is concerned about the breadth of the proposed new offence, which might criminalise people who cause no harm to others and who possess pornographic material involving consensual participants.

Ministers have not provided an evidence base for some of the material that will be covered by the measure. Despite the eloquent testimony that Members have given about an individual case, if we do not have evidence that the material causes harm, it is right that the House should subject the proposals to close scrutiny. We must ask why, for example, the Obscene Publications Act definition is not being used, and why another definition, which, it is argued, is broader, is being used.

I can see no reference to compatibility with the Human Rights Act 1998 in the Government's explanatory memorandum, either; that will need to be tested. I would be grateful if, in his response, the Minister set out the evidence that justifies the measure. I understand that time is limited, so I shall leave my remarks there.


22nd October  Update:  Dangerous Discussions...
   
Dangerous Pictures Bill in committee

House of Commons logoTranscripts of the 4 sessions so far.

Relevant points:

  • First sitting (Oct 16)
    Q50 Harry Cohen and MoJ minister Maria Eagle
  • Second Sitting (Oct 16)
    Q138 Jan Berry Chairman of the Police Federation gives evidence, questioned by Charles Walker & Vernon Coaker.
  • Third Sitting (Oct 18)
    nothing on extreme porn
  • Fourth Sitting (Oct 18)
    Q19 Gareth Crossman of Liberty questioned by Harry Cohen

23rd October  Update:  Consenting to Amendment...
   
Dangerous pictures amendments suggested to exempt staged violence

House of Commons logoSome good news on the Criminal Justice Bill.

Harry Cohen has suggested some good amendments such that all references to `appears to be` be dropped, meaning that the DPA now only applies to images of actual violence, and the following exemption from prosecution clauses have been added:

  • (a) an image of an act to which all participants in the production have consented
  • (b) an image the production of which involves fictional or staged acts performed by consenting actors
  • (c) an image produced for the purpose of responsible education

This would remove most, if not all, of the worries about this law being used against BDSM, horror movies, etc.

However David Hanson has tabled an amendment to register those receiving a 2 year sentence or more as sex offenders.


23rd November  Update:  Extreme Censorial Violence...
   
Dangerous pictures bill continues unamended

House of Commons logoIt seems that Harry Cohen's sensible amendments did not impress the committee and have now been withdrawn.

A later amendment suggested by Liberty which creates the extra defence of reasonable belief that a person was not made to act against their will has also being dropped.

The Liberty amendment was said to be backed by 3 committee members but this was not sufficient.

The original nasty wording of the Dangerous Pictures Bill therefore continues on to the next stages.

It was reported that  the government have also turned it round from a bill supposedly justified on the basis of "harm to participants" to one they justify on grounds of "harm" to users-quoting their pathetic REA as "evidence".


24th November  Comment:  Victims of Politicians...
   
Aftermath of the failed Dangerous Pictures amendments

House of Commons logoGareth Crossman, policy director at Liberty commented about the failure to the Dangerous Pictures Act amended:

I'm afraid the reality of Committee in the Commons is that the Government usually uses it's inbuilt majority to reject anything it doesn't want - which is pretty much everything usually.

Things are usually the same in report & 3rd reading stage (the final commons stages) unless you can persuade labour backbenchers to vote against the party whip and defeat the Government- a very difficult thing which has only happened twice in the lifetime of this Government (90 day detention & race and religious hatred).

As so often is the case the best chance of some concession lies in the Lords who can amend but must then have their amendments approved by the commons - something which does happen. I'd suggest Committee & report stages in the Lords as being your best bet.

Actually there is also hope of amendment via the JCHR who are a committee that scrutinise laws for compatibility with Human rights.

Here is an offsite link to a (long) paper about the incompatibility of the DPA. This contains a detailed rebuttal of the Ministry of Justice "case".

Comment: Turning Victims into Criminals

From Alan

Your latest report says: It was reported that the government have also turned it round from a bill supposedly justified on the basis of "harm to participants" to one they justify on grounds of "harm" to users-quoting their pathetic REA as "evidence".

Leaving aside for the moment the absurdity of the REA, already rubbished by forty competent academics, if "harm" is occasioned to the users, surely they're the victims? But the DPA will make them criminals. The logic of this is that someone who gets mugged should be thrown in jail, perhaps for wandering around dodgy areas looking vulnerable.

Of course, this is not the first volte-face. The initial consultation paper began with the premise that participants "didn't really" consent. This was clearly untenable, given the large number of blogs and websites in which participants make it abundantly clear that they take part willingly. So the government has now turned to justifying the legislation in terms of R. v. Brown (the Spanner case) and the legal fiction that a masochist cannot consent to "assault". Participants, too, have metamorphosed from victim to criminal.


25th November  Update:  Wise Words...
   
Shadow Justice Ministers doubts human rights compatibility

House of Commons logoEdward Garnier, the Shadow Justice Minister/Lord Chancellor:

I thank hon. Members for their remarks this evening. There is evidently some difficulty, because what we are discussing, in terms of the amendment and the clause, OUGHT NOT TO BE A MATTER OF PERSONAL OPINION, but should be about how to alter the criminal law to afford protection to the people who are depicted or who may be victimised as a consequence of the making of a film.

Part 6 is interesting because it deals with extreme pornographic images, prostitution, the protection of nuclear facilities and penalties for breach of data protection, so it demonstrates the meccano-like nature of the Bill, if ever it needed to be demonstrated. I will not argue with any of the previous contributors about whether one should be free or not free to look at extreme pornographic images. We have had rather a dry discussion about whether clause 64 does the job that the Government—I assume—think it will do.

The first thing we must bear in mind is that the offence is not the production or the watching of extreme pornographic images, but their possession. That is the offence set out in clause 64(1). Let us compare that with clause 64(3) where “pornographic” is defined. It reads:

“An image is ‘pornographic’ if it appears to have been produced solely or principally for the purpose of sexual arousal.”

We will come on to discuss in a minute the difficulties over the use of the expression “appears to have” or “appears to be” which is found throughout the clause. An image could have been produced in identical form, but for different purposes. If I were to possess an extreme pornographic image which had been produced solely or principally for the purposes of sexual arousal, I would apparently be guilty, but if I produced exactly the same image, but it was not produced solely or principally for the purpose of sexual arousal, I would not be guilty of an offence. That is the first problem.

The second problem is encapsulated by the points made by the hon. Member for Leyton and Wanstead and is the subjective nature of the offence. To whom must it have appeared to have been produced solely or principally for the purposes of sexual arousal? Is it for the policemen or the vice squad who do the raid to decide that, even though they are hardened police officers who specialise in working in this area of criminal activity and are completely immune to it? I believe that there is department in New Scotland Yard where there are officers who spend eight hour shifts looking at this sort of stuff. One would have a different test if it was to be considered in the eyes of the man on the Clapham omnibus to have been produced solely or principally for the purposes of sexual arousal. There seems to be a problem that needs to be sorted out in addition to the difference between possession and production.

A little later in the clause one gets to the point that my hon. Friend the Member for Broxbourne raised in relation to the still and the moving film. Whereas one might be caught by the clause, the other probably is not. It strikes me, as one unpicks the clause, that it is RIVEN WITH UNCERTAINTIES , which will make its enforcement difficult. It will make its understanding by members of the public difficult and it will BRING THE LAW INTO DISREPUTE to some extent.

I will not have an argument now about whether article 10 of the European convention on human rights is brought into play. I am sure that the Secretary of State spent many hours considering the terms of clause 64 and article 10. I have to assume that because he has rubber stamped it on the front of the Bill the provisions are compatible with the convention rights. I AM NOT SO SURE ABOUT THAT, but there we are. He says it is and that is all we have to concern ourselves with for the moment.

Finally, I just want to attempt to give the hon. Member for Somerton and Frome some comfort. Proceedings for an offence under this section may not be instituted without the consent of the DPP. I HOPE THAT A SENSIBLE DPP, FACED WITH A CHARGE UNDER THIS CLAUSE AS CURRENTLY DRAFTED WOULD SAY "NO". But we cannot guarantee that.


Comment: Repressive Bilge

From freeworld

Yes, when a keen legal mind unpicks the detail of this repressive bilge they should see it is dangerous ludicrous balls. Even if the worst happens and this government are stupid enough to pass the DPA as it now appears (who would bet on their sanity?), if Jackboot is replaced by Edward Garnier in a couple of years, the wretched thing may not survive.

 

10th October   Comment:  Inciting Hatred...
   
Salter is as guilty as sin

Martin SalterInteresting to see "Jackboot" Straw's proposal to introduce an amendment banning stirring up hatred on the basis of sexual orientation.

Wonder if this will apply to the vitriol poured out on sadomasochists by his unsavoury sidekick Martin Salter during the same debate?

Joined-up government?????

 

9th October   Opinion: All the Fun of the Fear...
 

 
The Guardian logoAs the Commons returns, the first item on the agenda is the government's plan to ban violent porn - it should be the first proposal kicked out.

From the Guardian see full article by Frank Fisher

 

6th October   Allied Against Dangerous Pictures...
 

 
Libertarian Alliance logoThe Libertarian Alliance joins the denunciation of war on “violent” pornography

Press release from the Libertarian Alliance see full article

The Libertarian Alliance joins the denunciation of war on “violent” pornography

With the full support of the Libertarian Alliance, Backlash’s Deborah Hyde argued that anti-porn laws ignore the evidence about the use and impact of pornography, infantilise women and bring legal systems into disrepute.

As part of the debate at Trinity College Law Society in Dublin, Ms Hyde criticised the British Government’s new Criminal Justice and Immigration Bill. This seeks to criminalise the possession of so-called and vaguely defined “extreme pornography”.

When a government says there is no evidence a new law is needed, when there is no evidence of harm and when the purpose of the law is to tell MPs it’s OK to impose their own personal morality on the population, we need to be worried,

She added that the main proponents of current proposals use incendiary language and unproven, anecdotal evidence to try to justify the law. This language also denigrates law-abiding citizens who are harming no-one, limits their freedom and stigmatises their sexuality - all despite there being no evidence of harm to others.

Sean Gabb, Director of the Libertarian Alliance, says:

It is no business of the authorities in a free country to police the imagination. If these proposals become law, they will be another weapon in the arsenal of the police state built up in this country since 1979. We stand wholeheartedly with Deborah Hyde and everyone in Backlash to oppose them.

The Libertarian Alliance believes:

  • That what consenting adults do with each other on their own property is their own business
  • That if these consenting adults wish to publish any of this to other consenting adults, that also is their own business
  • That there should be no laws against the possession of any text or image, such laws being against the historic Constitution of England and being an excuse for an already corrupt police force to fabricate evidence
  • That the one legitimate function of the criminal justice system is to protect life and property.

 

5th October   Opinion: We must not lock up imagination...
 

 
The Guardian logo'Public morals' don't seem to have got any more liberal since Allen Ginsberg was tried for offending them 50 years ago.

From the Guardian see full article by Shirley Dent

 

29th September   Extreme Measures...
 

 
Ministry of Injustice logoMinistry of Injustice commission research 'evidence' from feminists

From the Ministry of Injustice see report

The Ministry of Injustice have posted a research paper presented as evidence of harm to adults relating to exposure to extreme pornographic material

It is written by the feminists of the porn is violence industry, Catherine Itzin, Professor  at Lincoln University; Professor Ann Taket, London South Bank University, UK and Deakin University, Melbourne, Australia; and Liz Kelly, London Metropolitan University.

This document reports on a rapid evidence assessment (REA) of the evidence of harm relating to exposure to extreme pornographic material (EPM). EPM was defined as 'actual scenes or realistic depictions of: explicit intercourse or oral sex with an animal, explicit sexual interference with a human corpse, explicit serious violence in a sexual context and explicit serious sexual violence'. The REA addressed three research questions:

1. What effects does viewing EPM have on those adults who access it?
2. In particular is there any evidence that it causes or contributes to sexual or violent offending?
3. Is there any evidence that those adults who participate in making EPM are harmed by their involvement?

Comment: Fatuous

From Teddy on SeeNoEvil

Even by the standards of the "Justice Ministry", this is a pretty fatuous effort. I'm really scared by the sheer authoritarianism of it all...

So they've taken 3 academics, whom they know support this legislation, and asked them to present their own account of the available research on the subject, framed around yet more perjorative and loaded premises. It is basically a tendentious rant. Might be worth asking the MoJ if they intend to allow the likes of Prof Petley and Drs Barker and Matthis to contribute to this sudden desire to produce evidence based legislation!

Comment: Timing

From Alan

Note how the government get their purported "evidence" just days before the intended second reading, giving no time for other academics to give it a bloody good kicking.


3rd October   Comment: Unbalanced...
 

 
Ministry of Injustice logoBoth the government and their commissioned extreme porn report are unbalanced

From Phantom on The Melon Farmers Forumt

Well, as we all know the government have published a ‘scientific’ report on the harmful effects of what it likes to label extreme pornography.

I did a bit of reading.

Frankly, the report is a disgrace.

Supposedly it includes an analysis of 5 previous analyses (so-called meta-analyses) and covers a total of 156 previous studies.

3 of the 5 analyses were co-authored by a scientist called Allen. That’s 60%.

102 of the 156 studies covered were penned entirely or co-authored by Allen. That’s 66%.
Balance?

Other studies were discounted for not fitting this analysis methodology or achieving non-significant results (which would be equivalent to a nil finding, i.e. no-effect.)

But now, here’s for balance. Of the 156 studies covered in this analysis only 5 were selected which actually concluded that pornography had no harmful effect. The other 151 selected were such which concluded that pornography was harmful. So a ‘balance’ of 97% to 3%.

The outcome of the report was therefore never in doubt.

The analyses was commissioned (i.e. paid for) by the Home Office.

One of the three authors of the report I believe is a feminist anti-porn campaigner.

It appears one made sure one had the right personnel write it, to assure the result one desired. Better yet, the authors then selected only material which backed the favoured assumption.

Choosing effectively two thirds of their material to be the product (or part product) of one person’s research and choosing to the scale of 97% studies which resulted in conclusions they favoured. It would be a joke, were it not so serious.

All the above one attempts to hide behind jargon and a dazzling flurry of quotations. But if you read through it, the flaws are glaringly obvious. However, what MP would do that? Who’d even have the time?

No doubt this ‘meta-analysis’ is now going to be banded about by the Home Office as conclusive scientific proof that ‘extreme pornography’ needs banning. [Surely a corruption of the available evidence]


9th October   Update: Two out of Three...
 

 
Ministry of Injustice logoGovernment commissioned 'evidence' from supporters of the proposed law

Based on a discussion on SeeNoEvil

Two out of the three contributors to the 'expert' research commissioned by the Ministry of Justice have turned out to be anything but impartial.

From www.libertarian.co.uk/lapubs/lapam/lapam022.pdf

Catherine Itzin, a founder of the Campaign Against Pornography and Censorship, supports legislation of the sort that has been promoted in the United States by Andrea Dworkin and Catharine MacKinnon, leading figures in the pornography debates.

The Dworkin-MacKinnon law begins by redefining pornography, Itzin says, as ‘a practice of sex discrimination which sexualizes the subordination of women and which eroticizes violence against women: as ‘a political practice of power and powerlessness’ which ‘eroticizes dominance and submission’.

In an effort to remove First Amendment protections from pornography as so defined, the law is called ‘civil rights legislation’, specifies that pornography does actual harm, and offers ‘victims of pornography’ the right to sue the producers of sexual materials.

Another author, Liz Kelly, is credited in the report as Roddick Chair of Violence Against Women and Director of Child and Woman Abuse Studies Unit, London Metropolitan University. The Child and Woman Abuse Studies Unit contributed to the Home Office consultation in support of the proposed law.

Furthermore, the Lilith Project submitted a particularly aggressive response and wrote that the list of restricted pornographic material [with a penalty of 3 years in prison for simple possession] should be expanded from the proposed list to also include:

  • Any material which has scenes of sexual violence, not just those which are deemed to be showing ‘serious’ sexual violence
  • Any material which shows women’s bodies being abused in any way
  • Any material which is hostile to women by showing them in passive roles in sexual activity or being dominated
  • Any material which features naked women for the sole purpose of sexual gratification (and therefore not, for example, for educational or anatomical purposes

The Lilith Project responded on behalf of the Women’s National Commission who are actually the government’s independent advisory body on women’s issues. It has a Violence Against Women working group, which in turn has a Sexual Violence sub-group, whose chair turns out to be Professor Liz Kelly.

 

16th September   Worrisome...
 

 
Bestiality most troublesome

A dreadful sounding case, but it worrisome to note that the judge thought that violent, presumably staged, adult porn and bestiality was most troublesome than the child porn.

From the BBC see full article

An paedophile with a huge collection of pornography including "violent" images of child abuse has been jailed and must serve at least three and half years.

At Cambridge Crown Court he admitted possession of more than 51,000 indecent photos and 137 videos of children. He was caught exposing himself to a police officer posing as a young girl.

His huge collection of adult pornography also included so-called "snuff movies" and videos of bestiality.

Judge Gareth Hawkesworth said: Most troubling is the extreme violence and the sexual images of violent death of women and of bestiality: If ever there was a case that demonstrates the corrosive effects of porn this is it.

 

12th August   Extreme Waste...
 

 
Worthless impact assessment

Customs are not mentioned. Presumably Her Majesty's Car Thieves won't make do with a seizure when the offence is serious enough to warrant 3 years in prison. And no assessment of the costs of destroying families and careers

From Phantom on The Melon Farmers Forum
See also Regulatory Impact Assessment

Frankly, I despair. Just read the Regulatory Impact Assessment on this legislative garbage.

The report acknowledges the consultation result but immediately counters with the Longhurst petition. As though it had anything to do with this law! The petition predated this legislation. It was not in support of the proposal, as the proposal didn’t exist at the time. They even pretend that the threshold was increased from serious violence (GBH) to life threatening or likely to cause serious injury. As though the ‘appearance’ of a ‘likeliness’ of something was a high threshold!

This RIA identifies that there will be a risk of a need for increased enforcement activity for all UK enforcement agencies and the courts, but the circulation of extreme pornographic material should be inhibited.

Most possible impact is assessed as low by default as publication ‘is already illegal’. Of course the latter is hogwash, but hey, if your premise is sufficiently biased, your conclusions will fit the bill, right?

So what is the impact on sentencing likely to be?

6 community sentences! (at a total of £19,800 annually) and ten short term custodial sentences. That’s it? Seriously?

We are introducing human rights breaching legislation so we can issue 6 community and ten custodial sentences annually? Oh, don’t make me laugh!

Police Costs £10,890
CPS cost £65,192
Legal Aid Cost £127,935
Courts £200,220

If we are only expecting this tiny effect, why is the maximum penalty up to 3 years on jail? This is nonsense.

10 custodial sentences up to 6 months, total 5 prison places in their own words (so about £275000). So an estimated 14 police cautions (no court involvement), 6 community sentences and 10 six month sentences. Total cost they list £404,037 & prison cost ca. £275,000 = Total £699,037

Add to that their estimated annual 2.4 additional prison cell use for the increase of the OPA, which has only become necessary due to the introduction of this nonsense. (another £132,000)

Ok, is there anyone on this planet who thinks that is money well spent?

Given their own cost-effect ratio the cost could be astronomical. Once the initial precedents are set down I’d expect much more than a dozen convicted. Especially at first when many are caught out by ludicrous legislation which deems material simultaneously legal and illegal. Let’s face it this thing could snare hundreds. Well, you can then work out the costs for yourselves.

Quite frankly, the report’s not worth the paper it’s written on. Signed off by Gerry Sutcliffe MP, who states he believes the benefits justify the costs.

What benefits?

 

9th August   Extreme Nonsense...
 

John Beyer

Forgive them their trespasses...
then lock them up for 3 years

 
Beyer repeats call to lock up all porn viewers

Thanks to Dan
Based on an article from Catholic Times

John Beyer has warned that Government plans to deal with the most violent and extreme pornography do not go far enough’

John Beyer of mediawatch-uk said legislation in the pipeline would not include a lot of R18 material.

Government plans to outlaw the possession of extreme pornography will be debated in Parliament in October when the Criminal Justice and Immigration Bill gets a Second Reading.

We believe that most people would like to see a general clean up and the government acting to eradicate pornography altogether, said Beyer: Legislation ought to be extended to include material currently classified R18 by the British Board of Film Classification which many would regard as extreme.

Comment: Extreme Inanity

From Dan

A Banning "violent" porn doesn't go far enough. We need to ban anything and everything with the slightest whiff of sex in it and lock those who look at it up for three years. FOR THE GOOD OF SOCIETY! Yes yes we've heard it all before Mr Beyer!

We believe that most people would like to see a general clean up and the government acting to eradicate pornography altogether.

For "most people" read right-wing Daily Mail reading middle England who want the government to snoop into the private bedroom activities of the adult population of this country.

It's doubtful that most people would want to see law abiding people thrown in jail merely for watching consensual simulated sex because a few people find it "grubby".

 

7th August   MP Welcomes Dangerous Pictures Bill...
 

David Hanson

The bill makes it an offence to possess images which threaten or appear to threaten a person’s life, acts which result in or appear to result in serious injury...
ie most Hollywood movies


David Hanson extends bill to Hollywood movies

From David Hanson's Website

Delyn MP David Hanson has welcomed new measures set out in the Government’s new Criminal Justice and Immigration Bill to make it an offence to possess extreme pornographic images.

The bill makes it an offence to possess images which threaten or appear to threaten a person’s life, acts which result in or appear to result in serious injury, bestiality or necrophilia. The bill also provides for the exclusion of classified films and increases the maximum penalty for publication of obscene material and for the possession of such material for gain.

David Hanson said:

I know that these new powers will be widely welcomed by my constituents as it gives more powers to take action against those in possession of extreme pornographic material.

I will be working hard to ensure these powers come into force at the nearest possible opportunity.

 

3rd August   Too Many Sex Offenders...
 

Registered Rights Abuser
Fucked innocent people and
falsely imprisoned them


Let's invent more

From The Times see full article

Known sex offenders are living unchecked in the community because there are too many of them to be monitored regularly, according to research commissioned by the Home Office.

The rapidly growing number of people registered as violent criminals or sex attackers is threatening to overwhelm the police, probation officers and social workers who have to keep them under supervision.

The new study identified three key areas of concern:

  • A “severe shortage” of approved accommodation for offenders
  • “Insufficient” treatment programmes and lengthy waiting times for them where they do exist
  • A lack of public funds to deal with the increasing caseload of offenders.

Figures published this year under the Freedom of Information Act disclosed that police forces had lost track of 322 registered sex offenders.

The mismatch between the number of offenders and the level of resources available to keep track of them was disclosed as ministers discussed plans to expand the monitoring of sex offenders still further. ITV News reported that it had obtained a leaked Home Office paper outlining plans to clamp down on websites that failed to protect children online.

The number of people on the sex offenders register in 2005-06 was 29,973, a 4% increase on the figure for the previous year. In the same year there were 14,317 violent offenders who were supposed to be subject to regular supervision, a rise of 13% on the 12 months before. Another 3,363 offenders were deemed to require supervision after sentencing or after release from prison.

The number of offenders required to register is certain to increase, with ministers widening the scope of the sex offenders register to include more sexually motivated crimes.

In December several offences were added to the watchlist - including outraging public decency, theft, burglary with intent, child abduction and harassment where it could be proved that the crime was sexually motivated.

 

30th July   Comment: Justice & Compassion...
 

 
Church TimesChurch mark 40th anniversary of Sexual Offences Act 1967

Thanks to Alan

Can the bishops be persuaded to vote against the Dangerous Pictures Act in the Housel of Lords?

From Church Times see full article

There is value in marking the 40th anniversary of the Sexual Offences Act 1967, which was brought about with the votes of a number of bishops in the Lords, including the Archbishop of Canterbury of the day, and with the support of many — though, of course, not all — churchpeople.

The distinction made by the Wolfenden committee in 1957 between matters involving immorality and those implying criminality has proved so useful that there are few people today, whatever their views on sex, who would not regard the abolition of the old punitive legislation as other than a victory for justice, compassion, and common sense.

The principle of restricting the matters treated as criminal is still relevant in a world of ASBOs, smoking bans, and the EU. Wolfenden, in great demand as a committee man, was a churchman, involved in the early days of the Board for Social Responsibility. His example of the thoughtful and open-minded application of Christian precepts in national affairs is one to follow.

 

14th July   Comment: Bansturbating...
 

Martin Salter

Martin Salter
Bansturbator!

 
What do you call it when people ban everything

From The Times see full article by Tim Worstall

One candidate is the verb “to bansturbate” (origin, Harry Haddock at nationofshopkeepers.wordpress.com). The word – a fusion of “ban” and the term for self-abuse – refers to both the public abuse of the rights of the citizenry as things that some people simply disapprove of are made illegal, and the near-sexual frisson of pleasure gained by those who pass such laws.

Much of the urge to ban is driven, just like Puritanism, by the fear that some people, somewhere, may be enjoying themselves; the rest by the terror of politicians and bureaucrats who fear that if they don’t do something, anything, we might begin to wonder why we pay them.

And once we’ve started down the path of pleasurable “bansturbating” kinkiness, then ever greater doses must be consumed to maintain the effect.

 

13th July   Comment: Tortured Logic....
 


European Court of Human RightsRealistic depiction of government torture

From The Guardian see full article

Britain launched an attempt at the European court of human rights yesterday to overturn an 11-year-old judgment by the court which bans the deportation of suspected terrorists to countries where they face a risk of torture or degrading treatment.

The government has been trying for two years to find a way of challenging the Strasbourg court's judgment in the 1996 Chahal case, which has frustrated its attempts to expel suspects to such countries as Tunisia and Algeria.

Comment from Alan

The government that wants to throw people in jail for having videos or images of actors engaged in staged torture scenes also wants to send other people off to be tortured for real.

How low can they sink?