The Extreme Porn Law has been
published (as part of the Criminal Justice and Immigration Bill).
Quick summary: Staged/fictional images are included; the threshold no longer requires "disabling" injury; even though classified works aren't covered, an extract from a classified work can fall under the law; their list of what could come under this seems to be worse than the more paranoid interpretations that people had; the Spanner case and "sado-masochists" are referred to when referring to "the material to be covered by this new offence".
The relevant bit (emphasis mine), for images which will be illegal to possess, from section 64:
(6) An “extreme image” is an image of any of the following—
(a) an act which threatens or
appears to threaten a person’s life,
(b) an act which results in or
appears to result (or
be likely to result) in serious injury to a person’s anus, breasts or genitals,
(c) an act which involves or
appears to involve sexual interference with a human corpse,
(d) a person performing or
appearing to perform an act of intercourse or oral sex with an animal,
where (in each case) any such act, person or animal depicted in the image is or
appears to be real.
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* Breathplay images would surely count (so bad luck if you're into that - and even if not, these images would be fairly common on BDSM sites, even if they're not porn sites).
* The consultation response stated "serious
disabling injury", and it was this which satisfied many who were originally opposed.
The bill does not mention disabling at all. It's still "serious" at least, but that's undefined. We're basically back to the original proposal of GBH, with the addition that it now covers acts which would be likely to result in such injury!
* This covers
images of fictional violence (staged acts or faked images). (See the repeated references to "appears to"; note that they refer to "image" (not "photograph" or "pseudo-photograph", as I believe is the case for child porn), and explicitly state "produced by any means"; also paragraph 803 of the
explanatory notes refers to "staged activity"). This has always been my fundamental concern - it doesn't matter how "extreme" the definitions are, if it still covers simulated acts.
From part of the explanatory notes, we have
a list of what will fall under this (paragraph 384):
* Acts which threaten or
appear to threaten a person's life; this could include depictions of hanging, suffocation, or sexual assault
involving a threat with a weapon.
* Likely to result in serious injury to a person's anus, breasts or genitals:
this could include the insertion of sharp objects (yeah, done that one, I can't say I was seriously injured!) or the
mutilation of breasts or genitals (unclear whether mutilation is broad enough to include cutting).
In addition, note section 65 "Exclusion of classified films etc.":
* Classified works are not counted (okay, makes sense, but why should there be a risk that classified works might come under the law? This would mean an image in a BBFC-approved film is legal, but an image of people reproducing the same scene could be illegal!)
* But,
an extract from a classified work would still be covered by this law, if it was determined that the reason for extraction was for erotic purposes! Yes, make a set of stills from a standard Hollywood violent film for your pr0n folder, and get three years in prison!
In fact, what makes this point even more bewildering is that, for the possibility of extracts to be illegal, they are surely admitting that there must exist classified material which would fall under the proposed law. What happened to "already illegal to produce or distribute"?
Furthermore:
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.Well, whilst it is true that the activities which appear to be taking place are illegal:
* This is irrelevant for any acts which "appear to" show harm - it's entirely legal to consent to acting in such a scene! This makes about as much sense as saying the acts which appear to take place in random_horror_movie, or in random_crime_story, are illegal! Much like LiveJournal of a few weeks ago, the UK Government could do well to learn the difference between fiction and reality... (The document addresses "staged" acts in paragraph 804, claiming that this is because people who consensually act need protection from "participating in degrading activities"!)
* Additionally, whilst I thought this would be what they'd say when they first announced these plans, the response from supporters so far seems to have been that they don't want to criminalise BDSMers. But here you have the message - These S&M acts are illegal, and so they should be, and we want to base new laws upon that ruling.
As well as up to three years in prison, offenders will be included on the Sex Offenders Register.
Thoughts? Anything I've got wrong? Anything I've missed?
Edit: Not sure what we can do now, but writing to one's MP seems to be the best thing (even if you've already done so, it's worth updating them with the new details)
http://www.writetothem.com/ makes this easy.
Edit: See
http://www.backlash-uk.org.uk for more details, and feel free to link to this post.