Tag Archives: censored uk

Criminalised For Receiving “Extreme Porn” Via WhatsApp

Two UK men in their twenties have been convicted of possessing extreme pornography in a case involving the distribution of images featuring beastiality.

Despite the judge accepting that that the two men had not solicited the images Gary Ticehurst, 28, of Canvey Island, Essex, and Mark Kelly, 25, of Romford were both given a two-year conditional discharge and ordered to pay £500 costs.

Both pleaded guilty to possessing the images on their smartphones. Kelly pleaded guilty to one count of “possessing an extreme pornographic image likely to cause injury”, and three counts of possessing pornographic images involving animals. Ticehurst admitted one count of possessing an extreme pornographic image as well as two counts of possessing pornographic images involving animals.

The images were found after Police had stopped the two men for unrelated matters and a routine inspection of their phones was carried out.

Both men defended themselves in court. Kelly said he had deleted the received videos from his WhatsApp, adding that he was unaware that images were saved to his camera roll. “I didn’t even watch the full content of the video. It was very sick and disturbing,” he told the court.

Judge Paul Worsley told the court that his was imposing a “lenient” sentence, accepting that neither man had solicited the content nor had attempted to share it with others.

“You have pleaded guilty to possessing truly disgusting images,” Judge Worsley said adding “It makes a big difference if someone goes out of their way to seek it, or if they’re sent it by some mischievous colleague.”

Even after the judge’s leniency and appearing to have accepted the indirect means the duo were sent the offending images he still imposed a significant punishment.

These kind of cases are always frustrating for me to listen to or read about. Yes I find beastilaity disgusting, yes it’s currently a crime HOWEVER i’ve had random WhatsApp messages from people i’ve met once or twice, or on occasion never, there is no telling what content is in them.

It is literally like trying to convict someone of possessing an e-mail selling illegal viagra. There will be lots of truly innocent individuals caught up in these kind of charges.

My mind is pondering the demo sex and censorship held outside the UK launch of Stop Porn Culture. It would have been so easy for the Police to have stopped and searched any one of us on the basis that we were demonstrating and who knows how many of us the could have detained on these ambiguous, spurious and damn right silly charges.

That is the kind of abuse these laws, coupled with heavy handed powers can fuel.

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Beware The Department of Dirty!

The UK government’s efforts to protect citizens from the terrible dangers that lie only a mouse click away sometimes seem completely ludicrous. And that’s because they are. Indeed, the British public has given its verdict on the “porn filters” by switching them off en-masse.

So this fun little one-minute video from the Open Rights Group (aka Department of Dirty) is a great response. If you don’t laugh, you might cry.

The Sex Workers’ Opera

One of things that took me by surprise when I launched my porn website a decade ago was the amount of hatred thrown at pornstars. As I got to know the sex industries better, I discovered that strippers and prostitutes are the targets of similar abuse – or worse. But the biggest surprise was the source of much of the hatred: not from a religious-minded “patriarchy”, as I’d expected, but in large part from other women, and especially from feminists.

This was bizarre, given that feminist morality campaigners were claiming they were out to rescue these women. When “rescuing” entails spitting on strippers as they go to work, supporting immigration and drug squad raids on brothels, and calling for well-paid women to be made unemployed, one has to suspect the true motivations of the rescuer.

Pornstars are public performers, and tend not to be particularly shy or retiring. But most prostitutes, out of necessity (partly thanks to the bigotry of the rescue industry), seek privacy. In my campaigning work, I’ve often encountered women who have had their livelihoods attacked, but have chosen to stay silent because of the fear of stigma, should they choose to defend themselves. The video-on-demand regulator ATVOD, for example, chooses to publish the real names and addresses of sex workers who run video websites. It is, of course, purely coincidental that a number of such women have chosen to close down their sites rather than be forced to publicly defend their right to run them.

Anti-sex campaigners rely on sex workers’ fear of publicity, knowing that few will openly challenge their campaigns of misinformation. So when I watched the excellent Sex Workers’ Opera at a packed theatre in East London last night, I was deeply impressed by (among other things) the bravery of the performers, many of whom were sex workers.

The performance opened with a rant from a “member of the audience”, who jumped on stage and began shouting about “objectification” and “trafficking”, while screaming SHUT UP! at anybody who dared look in her direction. This rapidly set the scene: in this war of morality-dressed-as-concern, even those sex workers who dare to speak for themselves must be denied a voice. They must be saved, and if they don’t want to be saved, it just shows how badly sex work has fucked them up psychologically, thus reinforcing the need to save them.

The performances were based on sex workers’ own stories, and so were poignant as well as frequently funny; they often struck a chord with sex workers who were present in the audience. The police raid in which women were taken from their workplaces and locked in cells “for their protection”; the women forced to work alone, and made more vulnerable to attack, by laws against brothels; the prostitute who found herself giving marriage guidance counselling to her client; the dominatrix; the submissive. A section of the performance was by webcam workers, and was projected onto a screen rather than performed live on stage. There was an excellent performance by a pole dancer.

Having expected a fairly amateur affair (after all, none of these were professional singers or actors), I was surprised by the quality of the writing, production and performances. For sure, there were some rough edges – but for a two-day play staged by non-professionals, the quality was easily good enough for me to enjoy the entire show.

The overall message was a simple one, which was laid bare in the finale: Listen To Me. How dare outsiders deign to speak on behalf of those whose voices they refuse to hear? How dare moralists insist to know more about sex work than the sex workers themselves?

Want to see it? Sadly, you’ve probably missed it. Tonight’s is the final performance, and it’s almost certainly sold out, as yesterday’s was. But the show was strong enough that, with professional production, it could be revived as something bigger and better in future. Let’s hope this happens, and that these voices reach an ever wider audience. You can join their Facebook page or follow on Twitter to keep in touch.

ASACP Rejects ATVOD Approach to Child Protection

The US-based child protection organisation, the Association of Sites Advocating Child Protection (ASACP) today issued a statement to clarify its position on the UK video-on-demand regulator ATVOD‘s approach to child protection.

ATVOD insists that UK-based porn sites must verify the ages of all visitors before displaying any hardcore imagery (even still images that can be freely found on Google Images or Twitter). In practise, this has made operating a British porn website financially non-viable, and the effect has been to close down – or drive offshore – much of Britain’s online adult industry. The only remaining UK-based adult websites are those run by more traditional TV, DVD and magazine companies, which make the bulk of their revenues offline.

This approach to regulation has puzzled observers, since ATVOD has no remit over any website outside the UK. Furthermore, there are already mature and effective parental control systems available. However, the regulator has been lobbying (using dodgy press releases that claim children are routinely watching porn) for the UK government to introduce legislation that would strengthen its powers. Recently, the government has indicated that such legislation will be introduced. Although the nature of the legislation is unclear, it would undoubtedly involve the official commencement of widespread Internet censorship – to be overseen by ATVOD, naturally.

There had been some earlier confusion over ASACP’s position, which had appeared at times to be supportive of ATVOD. However, in today’s release, the organisation stated it believes that:

…the proposed age verification measures are overbroad, and do not address the most important factor in this equation — the role of the parent.

ASACP also warned that censorship is subject to mission-creep:

Just as the recent UK parental filters turned out to block content ranging from non-erotic nudity to sex education, so this new bill can be expected to be overly broad in its definition of adult entertainment content.

To dispel any misunderstanding over ASACP’s position on ATVOD, the statement concluded:

With this in mind, ASACP cannot support ATVOD’s call for mandatory age verification, but continues to work with all stakeholders to develop a workable solution that protects the needs and interests of children, their parents and guardians as well as adult consumers and publishers of legal erotica, alike.

PANIC!

Jameela Jamil’s Porn Panic

On Thursday evening, BBC3 showed a whole hour of porn panic, hosted by Radio One presenter Jameela Jamil. The programme’s title, Porn What’s The Harm, suggested an open-minded enquiry into the question of whether porn is harmful to teenagers who view it. But this was never going to be an unbiased look at the issue. Jamil has long made clear her dislike of pornography. And the programme was as full of misinformation and panic as we expected.

Jamil’s opening words set the scene: “Porn is everywhere!” Um… is it? Of course it isn’t – this is a standard porn panic statement. And it wasn’t alone. Barely a minute passed without Jamil making clear her shock, horror and disgust: “UNBELIEVABLY explicit sex acts”, “In the homes, in the minds, in the lives of our children”, “This is unbelievable!”, “Ordinary families have to deal with this every day”, “Countless children have already been exposed to shocking images”, “I’m horrified!”, “Bombarded with these pornographic images”, and on and on and on…

According to the Internet, Jamil is 28. Yet I wondered at times if she is perhaps in her 50s. Although Internet porn has been freely available for a full generation, Jamil seems to believe she grew up in an innocent, porn-free age, and that young people today are growing up in a different world to the one she did. The web has been widely available for about 20 years, and porn has always featured very heavily, and has been easy to access. And porn on video has been widely available since the 1980s. Anybody under 30 has had easy access to Internet pornography since their early teens, and most people under 50 will have had some exposure to porn as a teenager.

There was a genuine laugh out loud moment for me, when Jamil describes seeing porn at 15, a scene involving a woman and a cucumber, and says: it “…made me not eat a salad for 12 years!” So now we know: porn is responsible for Britain’s unhealthy diets as well as every other bad thing that’s ever happened.

When talking about teens “sexting” images to each other, she again appears to be far older than she actually is. “I’m so glad that every boyfriend I’ve had until now was before picture messaging”, she says. And since picture messaging has been around for a decade or so, poor Jameela has clearly been single since she was 18!

The programme conducts a survey of teens and finds the average age of first accessing porn is 14 – so no great surprise. It then goes on to look at the effects of porn on teens. Rather than speak to experts, the teenagers themselves are asked how they are affected. Such self-report evidence is of little value. How can teens compare themselves to the person they would be if they hadn’t watched porn? How can teens today compare themselves to the teenagers of the 1970s who didn’t have easy access to pornography?

Predictably, although she claimed to be interested in the effects of porn on teens, Jamil didn’t interview any psychologists. If she had, she’d have discovered there is little evidence that pornography is harmful. Instead, there was a brief appearance by two “experts in sexualisation”. And as has already been covered here, sexualisation is simply another keyword designed to invoke moral panic.

Undaunted by the lack of evidence of harm, Jamil goes into full-blown moral panic mode. She raises the case of an 11 year old boy who raped his 8 year old sister after – we are told – looking at porn. And she interviews a rape victim who is “convinced pornography played a part in the attack”.

Of course, if porn really was causing people to commit sexual violence, there would have been a steep rise in sexual crime in the past 30 years, as porn consumption has increased – and as is now well known, the reverse has happened. There is a reverse correlation between porn consumption and sexual violence.

In linking porn to rape, Jamil is playing a trick that has been employed by morality campaigners since at least the 1980s. And like those campaigners, she is guilty of switching the blame for rape away from the rapist, and giving rapists an excuse for their behaviour: “the porn made me do it”.

And then, like all good purveyors of panic, Jamil casually adds child abuse imagery to the equation, helping blur the line between consenting adult sex and the rape of children.

She throws in several other tried-and-tested panic tools for good measure, such as blaming porn for women who have cosmetic surgery on their labia. According to this idea, all vulva in pornography are neat and small, and this makes women seek surgery to copy the pornstars. In fact, porn has taught people that vaginas are not all the same, and some scenes (link NSFW!) positively worship generously-proportioned female genitalia. Her evidence that this is happening? “I often see reports in the media linking porn to labiaplasties”. You mean the same media that allows dishonest, moralistic documentaries like yours to be broadcast on TV, Jameela?

It is disappointing that such propaganda is still broadcast by the BBC in the place of informed, panic-free comment. And of course, there’s an agenda. While pretending to be naive of all things porn, Jamil throws in some very current political soundbites. When browsing porn, she expresses shock that she has not been asked to verify her age, thus fitting in surprisingly neatly with ATVOD’s recent campaign aimed at giving ATVOD statutory powers to censor the Internet. If she had tried to access the same sites from a PC on which child protection software was installed, she wouldn’t have been able to access the images that so shocked her.

So come on BBC: this discussion is welcome, but let’s have some honest, evidence based programming, rather than endless panic aimed at building public support for Internet censorship.

Censored UK: Where Are We Now?

While we at Sex & Censorship are following – with increasing trepidation – the endless drift towards censorship in the UK, we’re sometimes reminded that many of our supporters can’t keep up with all the news and events. That’s hardly surprising: Britain is currently experiencing wave after wave of moral panic, and it seems that hardly a week goes by without more bad news for free expression. So here is a brief round-up of some of the main issues comprising British censorship at present. I’ve undoubtedly missed stuff: feel free to add it below. Of course, a short blog post can’t hope to explain everything that’s taking place. I’m currently documenting British censorship in a book, Porn Panic: please join our mailing list to be alerted when this is published.

Law

  • The Obscene Publications Act: the grandaddy of all censorship laws, outlawing the distribution of content that might “deprave and corrupt” its audience.
  • Video Recordings Act: since 1984(!) the BBFC (a private organisation) has had the right to censor videos and DVDs, and they seem to have a particular problem with pornography, making UK video among the most censored in Europe.
  • Protection of Children Act: originally designed to criminalise images of child abuse, but sometimes misused, even to harass viewers of legitimate pornography.
  • Dangerous Cartoons Act: yes, you can become a sex offender for possessing a sexual cartoon featuring a character that might appear to be under-age – such as seen in popular Japanese anime cartoons.
  • Extreme Porn Law: three years in jail for possessing images of what the government considers to be “extreme pornography” – even if they are images of yourself participating in consensual sex with your own partner.
  • Rape Porn: a planned extension to the extreme porn law whereby you can be jailed for possessing an image of a sexual act that appears to be non-consensual (whether it is actually consensual or not). Quick, delete those bondage photos!
  • Gagging law: no, it’s not about blowjobs: it’s a serious attack on the rights of political campaigning organisations to speak freely, disguised as a law to regulate lobbying.

Regulation

  • Although they’ve never been mandated by Parliament or the British people to do so, Ofcom have consistently refused to allow hardcore sex on TV: even on adult channels at 3am. Almost all other EU countries, and the US, allow porn to be broadcast.
  • A private body, ATVOD, has taken it upon itself to drive much of the online porn industry out of the country, or out of business, by mandating strict website guidelines that make profitable business effectively impossible. They claim an EU directive gives them this right, although strangely, none of the other 26 EU member states have taken this action, and erotic/sexual material continues to be sold legally elsewhere in Europe without such restrictions.
  • Internet blocking: There were at least two attempts to introduce mandatory Internet censorship laws into Parliament last year; while these both failed, we expect similar laws to have more success in the near future.

ISPs

  • Mobile networks: since 2004, mobile operators have voluntarily censored Internet access from phones until the owner proves they are over 18. This censorship covers all sorts of material, and many adults as well as teenagers are denied access to much of the Internet from their mobile phones.
  • Broadband filtering: since December, ISPs have voluntarily begun to offer “porn filters” to home-owners, under the pretext of “protecting children”. However, these filters block, not just porn, but dozens of categories of content for entire households, and offer the bill payer a means of restricting Internet access for others in the same household.

Policing Speech

A raft of laws against “malicious communication” and “terrorism” have been used to jail people for speech alone. Increasingly, the important line between expression and action is becoming blurred in the eyes of the UK authorities. These days, writing can be considered terrorism, and jokes tweeted in poor taste can see you dragged into court.

Academia

There is a worrying trend towards increasing censorship within universities, which (one would have hoped) should be beacons of free expression, debate and discussion. For example, several student unions have banned the Sun newspaper, not for its dodgy news or political bias, but for displaying that most terrible thing, the female nipple.

What now?

Censored UK is a reality. We struggle with limited resources to expose these attacks on free expression, and campaign against those who try to push us even further in this direction. If any of this worries or outrages you, please donate to our campaign and help us restore some sanity!

Why Are We Protesting on March 15th?

Since the London protest was announced for March 15th, I’ve been asked by some UK pornstars what the event is about. Although Stop Porn Culture (SPC) is well known for its anti-sex campaigning in the US, it is a new introduction to the UK. Their conference next month is aimed at setting up a presence in this country.

SPC is the brainchild of Gail Dines, probably the most prolific anti-sex campaigner around today. She sells a fantasy world in which the all-powerful porn industry is plotting to turn everybody into promiscuous, sex addicted, pornstar wannabes. And she makes a good living from this, having written three books, and regularly featuring in the press and on the speaking circuit.

Dines claims to have studied the porn industry for over 20 years, but a quick read of her work reveals that she neither knows or cares how the industry works. Her job is to scare people into believing that the porn biz is huge and powerful and coming to destroy their children, and then use that fear to build her profile and bank balance. She spreads the usual anti-sex myths – such as porn addiction – and throws in a few of her own, like claiming the porn industry is worth $96 billion, when in reality it might be 2% that size. She is the hero who will take on and destroy the evil Porn Empire. But of course, she needs lots of money to fight this crusade. Although she claims to be a radical, Dines (like so many anti-porn feminists) finds more in common with the religious right than with progressives.

Like all supporters of censorship, Dines hates free speech, and her favourite tactic is to shut down debate. Last year, she attempted to get the industry XBIZ EU event shut down by calling for a boycott of Radisson hotels if they hosted it. Her letter to Radisson, like so much of what she writes, is a work of comic genius, and worth a read.

She attempted similar disruption to our protest of her event, leading her supporters to bombard our event page – which they did. Women who opposed them were attacked especially strongly. Although some supporters asked me to block the haters, I chose instead to support their right to free speech, and responded as follows:

Dear Gail Dines and Stop Porn Culture:

Your coordinated spamming of this event page has been noted. Our response is as follows:

1) We note that we have rattled your cage; we must be doing something right.

2) Unlike you anti-porn fundamentalists, we believe in free expression, and have not acted to block you. We know that pro-porn people are not afforded this right by Stop Porn Culture or Gail Dines. We claim the moral high ground.

3) Although you claim to be on the side of “exploited” women in porn, we know that in reality, you attack them and refuse them a voice. We, on the other hand, represent the women and men who choose to fuck for a living. You will be hearing from them on March 15 in London.

As well as Dines, the conference will feature well known British anti-sex voices, including the journalist Julie Bindel and speakers from Object, which campaigns against everything from strip clubs to lads’ mags.

The purpose of the conference is to attack sexual expression in all of its forms, and to advance the censorship agenda. And the conference will deny the basic rights of women who choose to be pornstars, strippers and sex workers, which is why they will be protesting outside.

Censoring Self-Harm Sites

One of the categories of content that is blocked by BT and other ISPs relates to self-harm. BT promises that its filters will block ‘sites that promote or encourage self-harm or self-injury’. But as ever, real life is far more nuanced than the headlines. One might be immediately repelled by the idea that THE INTERNET IS MAKING TEENAGERS CUT THEMSELVES (as the Daily Mail might express it), but does this reflect reality? Self-harm is an upsetting idea, but why do people do it, and can it blamed on websites? Alternatively, could sites that provide a forum for openly discussing the subject be therapeutic to those who use them? And are there really sites that exist simply to ‘promote or encourage’ people to self-harm?

One site related to self-harm is Safe Haven, a forum dedicated to discussing related issues, and a quick view of the site seemed to indicate this was an important resource to those who used it. Thread titles such as ‘I Want To Stop Self-Injuring Because…’, ‘To Every Soul That Suffers’, ‘How to deal with relapsing?’ and ‘I don’t know what to do’ indicated that this is a place for troubled people to find company and share their pain. Yet I found the site to be blocked on at least one network (EE).

The very idea that happy, stable people might find such a forum and thus become self-harmers seems (to me as a layperson) to be unlikely. More likely is that this is a classic example of shooting the messenger, which is an impulse that so often underlies censorship: perhaps if we can hide the bad things, they will no longer exist.

But I am no expert, so I approached Dr David Ley, a psychologist based in New Mexico and occasional blogger at this site, and asked him for his views on the site, and the wisdom of blocking it. He responded that, while some people fear that self-harming could escalate to something worse – even to suicide – the evidence appears to contradict this.

‘Although self-harming behavior is quite frightening and concerning, there is actually very little solid evidence that such behavior leads to suicide. In fact, it may be the exact opposite. We often intuitively expect that such behavior is “on the road” to building up to a suicide attempt. But, in fact, there are many reasons why people engage in such behaviors, and many of them are in fact, quite adaptive. For instance, over the years, I’ve had patients describe to me that such behavior can help them “ground themselves in reality,” when they are feeling psychically distant from themselves or the world. Others have told me that the pain can help themselves distance themselves from emotional pain.’

And as to the wisdom of trying to prevent troubled people from accessing such information:

‘It is unfortunate and likely counter-productive, to use filtering to try to prevent people from exploring all sides of this issue. It smacks of the old “Just say no” attempts to prevent drug use in children. Such efforts invariably fail, because children and teens know very well that such issues are not as two-dimensional as they are presented. By restricting access to information on sites such as this, which might glorify or encourage self-harming behaviors, filtering is also preventing access to dialogue and ideas from peers who are also attempting to control these desires. Such dialogue and ideas are much more likely to resonate with individuals who are struggling with self-harming desires themselves. Further, there is a great deal of information presented on the site that might be characterized as “harm reduction,” describing how to prevent infection, increase healing, and prevent serious injury. Again, a black and white presentation of the self-harm issue, as reflected by the filtering, actually may increase the dangers of such consequences in individuals who self-harm, and don’t have access to this information.’

I contacted Safe Haven to let them know that their site was being blocked. The site is based in the United States, and the owner seemed somewhat bemused to learn that her site had been censored in Britain. She pointed out that sites like hers are often the first place that troubled teenagers go to when they decide it is time to talk, and can be instrumental in helping them gain the confidence to speak with parents or health services:

‘Young people usually feel safer first reaching out online and getting support and advice from others in similar situations, or who can at least empathize. I feel some people might think young people should only be confiding in trusted adults like their parents or educators, or those manning helplines, but self-harm and mental health issues are taboo and cause such feelings of shame. Sites like mine allow young people to talk freely without worry that people will look at them askance for mentioning self-harm, or without worry they’ll be bullied for being a self-harmer. I see a lot of the members of the forum telling young people to reach out in real life.’

As in so many cases, the impulse to censor something that appears harmful may itself be harmful. The same applies to another blocked subcategory, ‘sites that encourage suicide’, which is, for some reason, tucked away within BT’s Weapons and Violence category. It seems highly unlikely that a non-suicidal person would find such a site and become suicidal; and it seems likely that a suicidal person may find the ability to share their feelings with others to be beneficial, and even life-saving.

The British are famous for our stiff-upper-lip culture, and yet according to the Mental Health Foundation, we also have among the highest self-harming rates in Europe. Perhaps the idea that difficult things are best not seen, heard or discussed is a dangerous one; but this is the driving force behind the UK’s Internet filters.

Letter to MPs on Criminalising “Rape Porn”

This week, the following letter was sent to a number of MPs and Lords, to raise concerns over the planned “rape porn” legislation. This was sent on behalf of Sex & Censorship and an alliance of other sexual freedom campaigns: Backlash, Consenting Adult Action Network, Campaign Against Censorship and the Sexual Freedom Coalition.

We write to express grave concern regarding S16 of the Criminal Justice and Courts Bill which will extend the existing ban on extreme pornography (S63 of the Criminal Justice and Immigration Act). This section is poorly defined. It will have the unintended consequence of criminalising the possession of material that depicts consensual sex, bondage and power-play fantasies common to millions.

Pornography of all kinds has become much more accessible since the Internet has become available to the general public. In that time, the prevalence of sexual abuse has not increased in the United Kingdom and may have decreased. It is simplistic & mistaken to suggest that pornography is a cause of violence against women. Correlation is not causation. Serious academic studies of pornography and sexual violence (1) show that increased availability of pornography is, in fact, associated with less violence and abuse.

Fictional and consensual portrayals of submission and domination are a common and popular sexual fantasy, as recently illustrated by the Fifty Shades of Grey novels. Indeed one of the largest surveys ever undertaken in Britain (2) indicated that nearly a third of us have fantasies about elements of forced sex, with approximately 2.2 million men and women having violent sexual fantasies. With around 90% of men and 60% of women viewing pornography, and with so many enjoying fantasies of this nature, the danger is that this poorly defined legislation will have a huge impact.

The Bill’s Impact Assessment suggests that the number of cases cannot be predicted. When extreme material was criminalised (by S63(7) CJIA 2008) government ministers predicted there would only be 30 cases a year, but the reality was very different. In the last year for which the MoJ has provided data (2012/13), there were 1,348 prosecutions. Given that the number of people who enjoy material that features sexual bondage and power-play is so high, we fear government will create thousands of new sex offenders, most of whom will be entirely harmless law-abiding citizens.

There is also a problem with government guidance for the public and prosecutors. Just prior to the enactment of S63(7) CJIA 2008, in response to reservations, the House of Lords was promised that meaningful guidance would be issued to explain those categories that were difficult to define. This never happened. In fact prosecutors were so unsure of the meaning of the law that there have been some trials of material which we are confident Parliament never intended. For example, the prosecution of barrister Simon Walsh, a former aide to Boris Johnson, whose legal practice had included investigating corruption within British police forces. His career in public life was ruined by a prosecution. It was rejected by a jury after 90 minutes deliberation. Prosecutors failed to prove that images depicting consensual sex acts between him and two other gay men were ‘extreme’.

The prosecution also threatened the reputation of the Crown Prosecution Service as an impartial public servant by showing that gay men risked having their lives destroyed in court over intimate acts which were consensual, safe and commonly practiced within the LGBT community. Bad laws do not harm only the individuals prosecuted; they also harm the institutions tasked with enforcing them, and increase even further the costs of the justice system to the taxpayer. This proposed law will also traumatise large numbers of women and men by having their private sexual fantasies examined and shamed in public.

It is therefore vital that S16 of this Bill be refined to limit the scope of the ban to images that are produced through real harm or lack of consent. Fantasy portrayals of forced/power-play sex are too commonly enjoyed to be reasonably subject to prohibition.

We appeal to you to refine this legislation. We also ask to be permitted to put detailed evidence to Parliament at the committee stages. Finally, we ask if you would be willing to host an event in Parliament, at which representatives could speak, so that members of both Houses can better understand what is at stake.

References.

1. Pornography, Public Acceptance and Sex Related Crime: A Review: 2009: Milton Diamond
2. British Sexual Fantasy Research Project: 2007. ISBN 978-0-713-99940-2

O2 and the Lack of Internet Filter Transparency

When the large ISPs rolled out their poorly-named “porn filters” in December, they all arrived missing an essential feature: a tool to check whether each filter blocked a specific URL or not. Without these tools from Sky, BT or TalkTalk, anti-filter campaigners resorted to using the only such service available, which happened to be from O2. O2, being a mobile provider, had actually been filtering content since 2004, but its URL checker (urlchecker.o2.co.uk) had largely been ignored for several years.

The storm of abuse that O2 received in December was therefore quite unfair: it was targeted, not for being the worst offender, but for being the most transparent of all the mobile and broadband Internet providers. Unsurprisingly, it wasn’t long before O2 took its URL checking service offline; and although the company denies this was done to stop people sending angry tweets, the page is still offline today, displaying the message:

Our URL checker is currently unavailable as we are updating the site.

Perhaps the provider really is updating the site… but let’s not hold our breaths. If I were a manager at O2, I probably would have reached the same conclusion: there’s no point being transparent when transparency is bad for business. Every other ISP, watching O2‘s support Twitter ID get bombarded during early December, will have also decided not to offer an online URL checker. Quite simply, market forces will punish any provider that breaks from the pack and provides information about how its filter works, and which sites it blocks.

It is therefore disgraceful that the government allowed the filtering to be put in place without mandating provider transparency. Countless sites have undoubtedly been blocked in error, but it is very difficult to find out which ones are blocked by which providers.

Sadly, we cannot expect Claire Perry MP, who is responsible for this mess, to call for this problem to be remedied. Transparency will reveal the huge extent of overblocking, which will be as bad for her career as it is for ISPs’ reputations.

It is up to the public to expose this deliberate suppression of information, and to shame government into action. If you care about Internet freedom, please tweet BT, TalkTalk, Sky, David Cameron and Claire Perry to ask why we cannot easily see what is being censored; and also ask O2 when their URL checker will be back online. Use the #CensoredUK hashtag in your tweets, and we will retweet them!