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Extreme porn ban - useful links (7)

Degenerate's profile

Posted by Degenerate on Mon 12 Jan 09, 3:40 PM to Degenerate's blog.

The porn ban commences 26th January. http://www.opsi.gov.uk/si/si2008/uksi_20082993_e... this is the commencement notice.

For anyone who still wasn't aware of this here's some links:

CJIA clauses which criminalise extreme pornography: http://www.uk-legislation.hmso.gov.uk/acts/acts2...

Government guidance: http://www.justice.gov.uk/docs/extreme-pornograp...

CPS extreme image advice is online. It us the CPS who actually take the decision whether to prosecute or not. CPS advice here

Backlash - legal advice upon arrest: http://www.informedconsent.co.uk/posts/219063/

Guide to cleaning your computer, from Backlash: http://www.backlash-uk.org.uk/fr_main.html

Porn ban - Get Ready, Get Angry from CAAN gives some advice too: http://www.caan.org.uk/campaigns/pornban.html

Edited Sun 8 Feb 09, 1:49 PM by Degenerate

Replies

12 Jan 09, 4:17 PM
penwiggle
UK(CB), 5 yrs

Interesting to scan through the government document.

Anything to do with animals - don't have it.

But, cartoons and drawings seem to be OK as they have to be.. "an extreme act is that a reasonable person looking at the image would think that the people and animals portrayed were real."

It also doesn't connect serious injury with the legal term, i.e. to say that if you are bruised then it's a 'permanent mark' when we all know it isn't. But rather the new law says they are using standard dictionary terms, not legalese. If I'm reading it right.

It also sounds like if you are going to film a consensual extreme porn act, those participating are OK because they are participating and it is consensual. But the person doing the filming is screwed because he or she isn't participating.

Hope I'm reading all that right. Stupid law makers.

Pen

You say Ouch like it's a bad word.

12 Jan 09, 4:17 PM
penwiggle
UK(CB), 5 yrs

PS

thank you for posting the links. Good information to know.

xx

You say Ouch like it's a bad word.

12 Jan 09, 4:30 PM
kisses_for_me
UK, 5 yrs

penwiggle wrote:
...But, cartoons and drawings seem to be OK as they have to be.. "an extreme act is that a reasonable person looking at the image would think that the people and animals portrayed were real."

Until the loophole is closed in the same way it was with kiddie porn, especially if lots more people start hitting the manga and hentai type sites

It also doesn't connect serious injury with the legal term, i.e. to say that if you are bruised then it's a 'permanent mark' when we all know it isn't. But rather the new law says they are using standard dictionary terms, not legalese. If I'm reading it right.

Serious is too open. In road traffic studies a serious injury is any requiring medical attention or the attendance of medical staff. This will often include bruising. I also suspect that regardless of the guidance or stated intentions that the old transient and trifling test will be the benchmark, anything beyond that being serious injury

It also sounds like if you are going to film a consensual extreme porn act, those participating are OK because they are participating and it is consensual. But the person doing the filming is screwed because he or she isn't participating.

Yes and no, a breathplay movie would be ok, a hard caning movie would be evidence of other offences. At least assualt occasioning actual bodily harm doesnt get you on the sex offenders register yet.

As for the filmer, have two and have them swap around so they are participants. As long as each posseses the full movie I would hope that the context requirement would be met.

Is somebody filming an act whilst giving instructions/direction a participant? Theres one for a test case.

Hope I'm reading all that right. Stupid law makers.

Pen

It's easy to tell the difference between right and wrong. What's hard is choosing the wrong that's more right.
I tend to be suspicious of all true believers. Present company included.
Elise Kraft, The Siege.

12 Jan 09, 4:53 PM
Backdooruk
UK(BA), 12 yrs

kisses_for_me wrote:
a breathplay movie would be ok

Keep in mind that assaults involving strangulation "which is more than fleeting and which caused real fear to the victim" are classed as grievous bodily harm, so not all breath play movies are going to be safe to make if the strangulation is actually real.

- Chris

Afh yenems tukhes is gut sepatchen.

12 Jan 09, 5:01 PM
Degenerate

UK(M), 4 yrs

Porn ban - Get Ready, Get Angry from CAAN gives some advice too: http://www.caan.org.uk/campaigns/pornban.html

Sign up to CAAN's statement - http://www.caan.org.uk
Sing if you're glad to be Gay... http://cockerel.net/music/pitd/gtbg.mp3 (Tom Robinson Band)
Sexuality: http://uk.youtube.com/watch?v=iqH_xqh0eVw (Billy Bragg)

4 Feb 09, 1:40 PM
mastercard
UK(CF), 7 yrs

Would the images at http://www.modelmayhem.com/pic.php?pid=81465 be considered legal?

8 Feb 09, 1:47 PM
Degenerate

UK(M), 4 yrs

http://www.informedconsent.co.uk/posts/225877/

backlash_uk wrote:
CPS extreme image advice is online

It us the CPS who actually take the decision whether to prosecute or not.

Their advice includes

"Although the Act does not state what a serious injury is, prosecutors must be aware that by the very nature of its name serious injury will not include trivial or transient injuries which include bruises and grazes."

"Taking an example which was raised during parliamentary debates on the Criminal Justice and Immigration Bill, the anal sex scene in the movie Last Tango in Paris, even if it were to be considered pornographic and of an obscene nature, would not be caught by the new offence, because it is not explicit and does not portray an act resulting or likely to result in serious injury to a persons anus."

"The painting Leda and the Swan, another example raised during debates in Parliament, would also not be caught by the new offence, because it would not meet the explicit and realistic test."

"The police may ask you to consent on behalf of the DPP over the telephone. Prosecutors should not do this."

[Is that last para CPS humour perhaps ? ]

Of interest more to Admin, "In cases where there is evidence that the suspect has published or distributed extreme pornographic images, prosecutors should charge the suspect with an offence contrary to the Obscene Publications Act, rather than the new offence of possession of extreme pornographic images."

Sign up to CAAN's statement www.caan.org.uk "Those who seek to find pleasure from other people's pain and exploitation will find themselves prosecuted and punished." Scottish [in]Justice Minister Kenny MacAskill http://www.informedconsent.co.uk/posts/224482/ SCOTLAND's PORN BAN - DO SOMETHING, NOW!

Edited 8 Feb 09, 1:48 PM by Degenerate