No rough sex please, we’re British A new law banning so-called ‘extreme’ pornography is a nonsense, argues Sean Thomas
Hard cases make bad law" is an aphorism much beloved of legislators. It is also a motto that could be usefully tattooed on the foreheads of British MPs. Because right now the British government is about to pass a very bad law, rooted in one tragic case.
The tragedy in question is that of Jane Longhurst. Five years ago Ms Longhurst, a Brighton-based teacher, was brutally murdered. At the trial it emerged that her killer, Graham Coutts, was a fan of violent porn websites with names like Rape Action. The content of such sites reflected their titles.
Following the life imprisonment of Coutts, Jane's mother Liz began a campaign to ban the possession of violent sexual imagery, or 'extreme pornography'. This campaign got support from her local MP, Martin Salter, and then Home Secretary, David Blunkett.
Now the campaign is near its end. The final fruit is a clause, inserted in the Criminal Justice and Immigration Bill, which should receive Royal Assent on May 8.
What's wrong with this clause is its bizarre, catch-all wording. The law does not simply outlaw the making of obscenely violent sexual images. It prohibits the passive viewing of images of violent but consensual sex. It also prohibits, quite astonishingly, the viewing of images that merely appear to be sexually violent - but are actually staged.
The absurdities thrown up by this are obvious. Under the law it will be illegal to look at images of someone freely engaging in rough sex. That is to say: the act itself will be legal, but looking at a photo of it will be verboten.
Even more stupid, under this law you could be prosecuted for looking at an image of yourself performing an act that did not actually take place which you faked at home.
George Orwell had a word for this remarkable legal concept: thoughtcrime.
http://www.thefirstpost.co.uk/32165,opinion,no-rough-sex-please-were-british
Bestbear- 05-04-2008
But isn't just a logical extension of the child pornograohy hysteria?
I hope - but do not really expect - that the new government we are looking forward to seeing in 2010 will find the time to repeal almost all the legislation of the last ten years, and sack all the jobsworths employed to enforce Labour's will on a cowed population.
That ought to come third on the list of priorities, after sorting out the EU and repairing our flawed democratic institutions (including the West Lothian Question).
In my Tory Utopia there would be licensed scrap dealers collecting up all the "safety cameras", a PratFinder-General visiting all local authorities to root out the institutionally insane lefties and non-jobniks ...
But it is just a dream. And DU's nightmare! :roll: :lol:
tjwmason- 05-04-2008
For anybody who thinks that the potential cases noted (e.g., a person watching footage of faking acts he himself performed in) will not result in prosecution - there is a(n in)famous case from a mere few years ago of some men prosecuted for filming homosexual sex taking place, at the time the law only allowed homosexual sex to take place "in private" (i.e., with two men present), given that there was also a camera the film was evidence that sex had taken place with three men present...
Bulldog- 05-05-2008
Was that the Spanner case TJ?
tjwmason- 05-05-2008
Was that the Spanner case TJ?
I wasn't thinking of the Spanner case (in which the crime was assault and A.B.H.) - I can't remember the name of the case, I'll try to find it later.
Spanner is certainly another relevant consideration with regards to the new laws.
Bulldog- 05-06-2008
Worrying when the state starts to dictate what we can & can't do in the privacy of our own homes.
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