UK Proposal To Restrict Internet Pornography Sparks Row

An anonymous reader writes "The BBC reports on the row over proposals by the UK Government to criminalize possession of 'extreme' porn. The bill, published last week, would include the prohibition of fictional depictions of violence and images of acts between consenting adults. The law would also apply to screenshots taken from a legal film, if the screenshot was made for erotic purposes. The goal is to prevent disturbed individuals from accessing content online that would trigger violent behavior. From the article: 'Labour MP Martin Salter, who has worked closely ... in pushing the legislation, rejected the BDSM community's claims their civil liberties were being undermined. He said: "No-one is stopping people doing weird stuff to each other but they would be strongly advised not to put it on the internet. At the end of the day it is all too easy for this stuff to trigger an unbalanced mind."' The bill follows from plans initially announced last August."

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Re:Prehaps instead..

[mdwh2]

Talking of rights, it's interesting to note that the bill states "these clauses constitute an interference" with the European Convention on Human Rights.

But it's interesting, shall we say, to see what justifications it gives for doing so ( http://www.publications.parliament.uk/pa/cm200607/ cmbills/130/en/07130x-n.htm#index_link_206 ):

802. The Government believes that these clauses constitute an interference with Convention rights under Articles 8 and 10 but that for the reasons set out below this is justified as being in accordance with the law, and necessary in a democratic society for the prevention of crime, for the protection of morals and for the protection of the rights and freedoms of others.

803. The material to be covered by this new offence is at the most extreme end of the spectrum of pornographic material which is likely to be thought abhorrent by most people. It is not possible at law to give consent to the type of activity covered by the offence, so it is therefore likely that a criminal offence is being committed where the activity which appears to be taking place is actually taking place. The House of Lords upheld convictions for offences of causing actual and grievous bodily harm in the case of Brown [1994] 1 AC 212 which involved a group of sado-masochists who had engaged in consensual torture. The threshold that the clauses have set is very high, so while those taking part might argue that they had consented to it, such consent is not valid at law.

804. In the case of images of staged activity , the Government believes that banning possession is justified in order to meet the legitimate aim of protecting the individuals involved from participating in degrading activities. This is also the case with images of bestiality, which while involving harm to animals can also involve the non-consensual participation of humans who are harmed in the process of making the images.

805. The Government considers that the new offence is a proportionate measure with the legitimate aim of breaking the demand and supply cycle of this material, which may be harmful to those who view it. Irrespective of how these images were made, banning their possession can be justified as sending a signal that such behaviour is not considered acceptable. Viewing such images voluntarily can desensitise the viewer to such degrading acts, and can reinforce the message that such behaviour is acceptable.

806. The Government considers that the restrictions on this material also achieve the aim of protecting others, particularly children and vulnerable adults, from inadvertently coming into possession of this material, which is widespread on the internet.