Internet Porn Censorship

Offsite Article: French lawyers provide the best summary yet

15th June 2022. See article from taylorwessing.com

 

Offsite Article: Have we opened Pandora's box?

20th June 2022. See article from tandfonline.com

Abstract

In thinking about the developing online harms regime (in the UK and elsewhere1) it is forgivable to think only of how laws placing responsibility on social media platforms to prevent hate speech may benefit society. Yet these laws could have insidious implications for free speech. By drawing on Germany's Network Enforcement Act I investigate whether the increased prospect of liability, and the fines that may result from breaching the duty of care in the UK's Online Safety Act - once it is in force - could result in platforms censoring more speech, but not necessarily hate speech, and using the imposed responsibility as an excuse to censor speech that does not conform to their objectives. Thus, in drafting a Bill to protect the public from hate speech we may unintentionally open Pandora's Box by giving platforms a statutory justification to take more control of the message.

See full article from tandfonline.com

 

Offsite Article: The Online Safety Act - An Act of Betrayal

5th July 2022. See article from ukcolumn.org by Iain Davis

The Online Safety Bill (OSB) has been presented to the public as an attempt to protect children from online grooming and abuse and to limit the reach of terrorist propaganda.

This, however, does not seem to be its primary focus. The real objective of the proposed Online Safety Act (OSA) appears to be narrative control.

California state lawmakers are discussing proposed legislation to require age and identity verification for all internet users. The proposal is bassed upon the UK's Age Appropriate Design Code that requires websites likely to be accessed by under 18s to implement data protection according to age. Younger viewers will be restricted from handing over personal data. But of course the rub is that the websites needs to know the age of the reader to implement this.

The bill, AB2273, is known as The California Age-Appropriate Design Code Act.

Critics of the legislation contend this requirement threatens the privacy of adults and the ability to use the internet anonymously. Eric Goldman, Santa Clara University School of Law professor commented:

The bill pretextually claims to protect children, but it will change the Internet for everyone. In order to determine who is a child, websites and apps will have to authenticate the age of ALL consumers before they can use the service. No one wants this.

The bill will put an end to casual web browsing, forcing companies to collect personal information they don't want to store and protect -- and that consumers don't want to provide -- in order to authenticate the age of visitors. And since age authentication generally requires identity details, that threatens the ability to use the internet anonymously.

The Guildford Diocesan Synod has submitted a motion to the General Synod, the Church of England's legislative body, seeking to prevent children and young people from online exposure to pornography. The General Synod, which takes place in York next month, will consider the motion.

In the papers published last week, the Rev Charleen Hollington, a member of the Leatherhead Deanery Synod, Guildford, wrote:

Access to pornography means that a distorted and harmful view of what constitutes normal sexual relations is being absorbed by each new generation of children and young people.

This is placing pressure on young boys and girls to conform to stereotypes of domination on the one hand and submission and degradation on the other, and is creating a wider culture of abusive attitudes towards girls and women.

A law requiring age verification for access to commercial porn sites was meant to come into effect in 2018, but it never did for reasons having to do with bureaucratic delay and then a changed approach by the Government. 'Increase awareness of harms of pornography'

Hollington also criticised the Department for Digital, Culture, Media and Sport's Bill, saying:

If passed, the proposed legislation will go some way to addressing the problems. However, legislation introduced in 2018 which was designed to require age verification for access to commercial porn sites never came into effect.

Therefore, the need for the motion to be passed by General Synod now remains as strong as it has always been. The motion acknowledges the current problem, asks the Government to take action and recommends programmes to increase awareness of the harms of pornography.

The text of a new amendment to the Canadian Broadcasting Act demanding a set percentage of Canadian content on platforms available nationwide definitely also applies to adult content, according to regulatory experts.

The amendment, Bill C-11, fails to clarify exactly how the Canadianness of a porn scene or piece of OnlyFans content should be determined. The bill has already passed in the House of Commons, and moves to the Senate.

The bill required that the likes of Netflix, YouTube and even Instagram will soon be forced to subject their content to Canada's famously onerous strictures on Canadian content.

Peter Menzies, a former Canadian Radio-television and Telecommunications Commission (CRTC) vice chair who now opposes the bill -- has asserted that online porn will almost certainly fall within the bill's purview:

The final decision regarding who's in and who's out is to be made in a future CRTC hearing, but it's difficult to imagine Commissioners giving Pornhub and its many hours of user-generated content an exemption.

The CRTC has previously regulated erotic channels broadcast in Canada, including XXX Action Clips and the gay-oriented Maleflixxx, to ensure that at least 35% of their adult content was Canadian, or the equivalent of 8.5 hours of Canadian porn per day.

Under the current mandatory system for TV, content creators must file detailed budgets with the CRTC to prove minimum quotas of Canadian actors, Canadian crew and even the quantity of production costs that were verifiably spent in Canada.

The government of Nigeria has ordered all open-access online platforms to remove, disable or block access to all pornographic content.

Although the introduction to the order, which was issued last week, specifically targets any non-consensual content, which displays partial or full nudity, sexual acts, deep fake or revenge porn, a less-prominent section expands the ban to all illegal material and orders platforms to inform users through the terms of service not to create, publish, promote, modify, transmit, store or share any content or information that is defamatory, libelous, pornographic, revenge porn, bullying, harassing, obscene, encouraging money laundering, exploiting a child, fraud, violence or inconsistent with Nigeria's laws and public order.

The order was made public last Tuesday, with all platforms available given only 24 hours to comply.

It is unclear what the reach and success of the measure has been in practice.

Saint-narcisse is a 2020 Canada film by Bruce La Bruce
Starring Félix-Antoine Duval, Tania Kontoyanni and Alexandra Petrachuk

When a young man who thought his mother was dead discovers that she may still be alive, he goes on a quest to find her. His journey takes him to a remote cabin in the woods where his mother lives in exile with a mysterious young woman.

The BBFC rated the film 18 uncut for strong sex, sexual violence. The BBFC explained further its decision:

There are scenes of strong sexual activity, some of which include nudity. There are also strong sex references.

There is a scene of incest between adult males. There is sexual abuse and harassment from a priest in a position of power and trust.

There is strong violence in scenes in which men are stabbed, accompanied by injury detail and blood in the aftermath of violence. There is also drug misuse and infrequent strong language ('fuck')'

UK gay-focused (non-porn) distributor Peccadillo Pictures has claimed that Amazon Prime Video UK is refusing to make Canadian artist and filmmaker Bruce LaBruce's provocative dark comedy Saint-Narcisse available on its online store.

Company MD Tom Abell said its request to list the title on Amazon's UK online offering had been turned down without explanation. Abell said:

We are totally mystified as to why Amazon Prime Video is refusing to make the critically acclaimed Saint-Narcisse available to its customers, both here in the UK and internationally. The DVD continues to be sold by Amazon but they won't stream it.

Abell noted that the company had a similar experience with Chilean prison drama and Venice Queer Lion winner The Prince in 2020. In that instance, Peccadillo was informed the movie contained offensive content that clashed with the streamer's guidelines.

The film had previously been available on Amazon Prime Video in the U.S. and France but was removed in May, also without explanation.

A legislative debate about lowering the age of legal majority in Japan has quickly devolved into a sensationalist campaign about adult performers aged 18-19. It has now morphed into a proposed new law under which anyone who signs a contract to appear in pornographic productions could void that contract at any time for any reason.

Japanese newspaper The Mainichi published a lengthy account allegedly based on two anonymous women's experiences of abuse in the Japanese adult industry.

The report did not identify any specific companies or directors behind the accounts of labor and sexual abuses but it does seem have spurred a group of lawmakers into pushing for some proposals that would make it impossible for the adult trade to continue.

The newspaper then extolled the bill proposed by a bipartisan group of lawmakers which not only allows people who agree to appear in pornographic content to terminate their contracts, but also requires video vendors in such cases to recover the products and delete the footage. Mainichi explained that this novel law also mandates that a month must pass between the signing of the contract and the filming of the video, and four months between the filming of the video and its public release.

The original debate concerned amending a law lowering the age of majority by extending additional contract protections specifically to adult performers under 20 years of age. The lawmakers came up with the bill after Japan lowered the age of adulthood in April, making it no longer possible for 18- and 19-year-olds to cancel contracts to which they have agreed.

Spanish sex workers and adult industry figures are sounding the alarm about a proposed new law, supported by politicians from both the ruling and opposition parties, aiming to outlaw all forms of paid sex work -- including commercial pornography.

Last week, the ruling Spanish Socialist Workers' Party, known as PSOE, introduced a proposal for an "abolitionist law against sexual exploitation," something that had been included in the party's platform.

Prominent politicians within PSOE have taken up the abolition of sex work as their personal cause. These include the party's General Vice-Secretary Adriana Lastra, who last month took to the press to promote a change in the Spanish penal code to mandate up to three years of jail time for anyone paying for sex.

The proposed legislation would revive the crimes of "proxenetism," meaning pimping or pandering, and "tercería locativa " or brothel keeping. Both were removed from the penal code in 1995 by a previous Socialist administration.

Noted Swedish-Spanish adult filmmaker, producer and studio owner Erika Lust took to Twitter today to sound the alarm about the impending government attempt to ban all sex work, including adult performance. Lust tweeted:

This International Sex Workers Day, I want to take the opportunity to express my unconditional support to all sex performers currently based in Spain, where the government is once again threatening their safety with prohibitionist bills that claim to 'protect their rights'.