| 28th June |
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Dangerous Pictures used to add to the charge list for more serious offences Permalink
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Based on
article
from
thisisplymouth.co.uk
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A
Plymouth man has appeared in court accused of having indecent images of
children, extreme adult pornography and making a hoax 999 call.
The images, allegedly found on the man's mobile phone, are said to range in
seriousness from category one to category four. Five is the most serious
category. He is also accused of possessing videos of extreme pornography
involving adults on his phone on the same date and of breaching an anti-social
behaviour order by making a hoax emergency call to the police.
He was granted unconditional bail until August 19.
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| 21st June |
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Another victim of the Dangerous Pictures Act Permalink
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Based on
article
from
sthelensstar.co.uk
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A
man walked free from court after becoming one of the first people in the country
to be prosecuted under new laws that ban the possession of extreme pornographic
images.
St Helens Magistrates' Court heard how the obscene photographs - depicting women
and a number of animals - came to light after the 20-year-old was snitched up by
computer repairers.
An engineer spotted the pictures [are they instructed
to do a scan of images?] and suspecting them to be unlawful reported it
to his line manager, who in turn snitched to the police.
The 14 images were claimed to be grossly offensive and disgusting .
District Judge Ian Lomax said the offender had “low social skills”, and believed
he had merely viewed the images out of curiosity.
Judge Lomax, who had been shown the images involved in the prosecution,
explained: This is new legislation and my inclination is for it to go before
crown court. However no fee was paid, there was no file sharing and no
processing. The images were obscene and curiosity seems to be the driving force
behind you. Your computer skills are good and you stay home a lot. Computers are
a substitute for socialising and social skills. But nothing will be gained by
sending you into custody, because you wouldn't survive because you would be
vulnerable. Support and assistance is needed.
He was given an 18-month supervision order and 24 hours at an attendance centre,
where his offending behaviour will be addressed. He must also pay costs of £65,
which will be deducted from his benefits.
Judge Lomax said he would not have to sign the Sex Offenders Register,
concluding: Hopefully supervision will make you realise that it is possible
that by looking at such images, whether it is out of curiosity, can result in a
criminal conviction.
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| 17th June |
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First victims of the Dangerous Pictures Act Permalink
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See
article
from
theregister.co.uk
by John Ozimek
See also
Nursery image probe man remanded
from
news.bbc.co.uk
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According
to sources within law enforcement, there have been two or three prosecutions on
their patch under the new Dangerous Pictures legislation. In each case, the
crime targeted is that of Chinese men fogging very obviously pirated DVDs. There
will be several copies of the latest blockbuster releases with very bad covers,
and some pornography, always including some bestiality DVDs.
According to our source, prosecutions always tended to be under counterfeiting
and trademark laws. A charge under the Obscene Publications Act (OPA) has also
been possible. However, the police have now taken to adding a charge under
extreme porn legislation for the bestiality DVDs. This pattern has happened at
least twice and probably more.
If true, this suggests critics were right to challenge claims that it was no
more than the Obscene Publications Act for the internet age. In the cases
described, it would have been open to the police and prosecuting authorities to
charge individuals under the Obscene Publications Act.
If there was, as has been argued, no difference between obscenity as defined
in the extreme porn law and the OPA version of obscenity, then the OPA would be
the more appropriate legislation to apply. The material in question was obscene:
those caught by the police would have been guilty of seeking to distribute it, not mere possession. It looks as though the new law is more easily used than the
old.
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| 27th May |
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Scottish police chiefs ask for clarification of the term 'extreme pornography' Permalink
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Based on
article
from
theherald.co.uk
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New
legislation banning the possession of extreme pornography should be clarified,
police in Scotland warned today.
Senior officers also warned of real challenges in policing the new law.
The warning came from the Association of Chief Police Officers in Scotland in
written evidence to a Holyrood committee.
Senior figures from ACPOS will today give evidence to the Justice Committee,
which is scrutinising the Criminal Justice and Licensing (Scotland) Bill.
The wide-ranging Bill contains a range of measures, including a new offence of
possessing extreme pornography, including images depicting life-threatening acts
and violence likely to cause severe injury. Under the new legislation,
possession would carry a jail term of up to three years, while possessing with
intent to sell would carry a jail term of up to five years.
But ACPOS urged clarification of the term extreme pornography,
saying this as subjective. It also warned of real challenges in policing
material easily available on the internet, mostly on sites outside the UK
containing material which may be legal in the country of origin.
The Scottish police may also face challenge in managing the expectations of
interested agencies such as Rape Crisis and violence against women groups,
regarding the resource committed to and effective policing off this issue,
said ACPOS.
Similar misgivings are voiced in evidence from the Scottish Crime and Drug
Enforcement Agency, which warns of practical difficulties in defining an
extreme image.
It said this could include a realistic, but staged, depiction of a rape or
sexual murder which was undoubtedly pornographic but where the victim was
a willing participant who came to no harm. That left investigators with the task
of assessing not whether the act depicted had actually taken place, but whether
it was "pornographic, explicit and realistic."
The agency said the legislation should also seek to mitigate the possible
effects on police and other professionals required to view extreme porn as part
of their work.
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| 13th May |
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Scottish parliament publishes responses to its proposes extreme porn ban Permalink
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Thanks to eMark
See
article
from
scottish.parliament.uk
See also
Criminal Justice and Licensing (Scotland) Bill [pdf]
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The
Criminal Justice and Licensing (Scotland) Bill was introduced in the Parliament
on 5 March 2009.
The Bill contains more than 80 different policy proposals. In particular it
introduces a new offence which will criminalise the possession of extreme
pornographic images.
The Justice Committee then issued a call for written evidence inviting
individuals and interested parties to submit views on the Bill in writing.
The
responses received by the committee have now been posted.
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| 8th April |
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Dangerous pictures of pigs in a new Swedish DVD Permalink
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Thanks to Joshua
See
article
from
njutafilms.com
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The
censorship icon, Vase de Noces, is a 1974 Belgian
art house film by Thierry Zeno.
To give you a clue it is also known as:
- One Man and His Pig
- The Pig Fucking Movie
- Wedding Trough
- Svinet
The black and white film
without dialogue which was very controversial in its day. It was programmed for the London
Film Festival until Customs seized it. It did get a showing at the NFT in
1976 though. It's never got as far as the BBFC.
It's about a man who lives alone on a farm with his pigs. He falls in love with the
sow, has sex with her (simulated). She then gives birth to human/porcine hybrids.
The DVD is now set to be released on 27th May 2009 by the Swedish
distributor Njuta Films.
As to whether the simulated sex scenes with a pig are realistic enough to
get Brits 2 years in prison for dangerous pictures, then a bit of further
research may be in order.
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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
Public Consultation:
A biased
Government consultation was initiated in 2005 but the unsupportive
responses were sidestepped.
| Support for proposed law? |
No
|
Yes |
| Individuals |
223 |
90 |
| Organisations |
18 |
53 |
| Totals |
241 |
143 |
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 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
Public Consultation:
The Scottish government published its extreme pornography proposal in March
2009.
Responses were published by the Scottish Parliament
in May 2009.
Current Status:
The 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
Campaigners:
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