This week’s protests to prevent a controversial speaker – Milo Yiannopolis – from speaking at the University of California at Berkeley, are a sad indictment of the of the state of progressive politics. The location of the incident, once the birthplace of a great liberal movement, makes for a sad comparison with the great radical era of the 1960s.
Those of us who were teenage activists in the 1980s felt we’d missed out on something. Our parents’ generation (at least, in our imaginations) had the civil rights movement, the great anti-Vietnam war protests, the hippy movement, Black Power and psychedelia. Their soundtrack was Marvin Gaye, Bob Dylan, Otis Redding, Joan Baez, Motown, Simon and Garfunkel. We had Reagan and Thatcher, mass unemployment, power ballads, and yuppies. They had great progressive victories, we got used to experiencing defeats.
We, children of a grey London that was run down and depressed after half a century of economic decline, dreamed of the California of the 1960s. I read Fabulous Furry Freak Brothers comics, and knew all about San Francisco’s famous Haight-Ashbury district, the centre of counterculture, although in reality, my entire experience of travelling outside Britain was limited to a couple of short trips to France.
And I read about the university campus at Berkeley, near San Francisco, the heartland of 1960s American radicalism; a radicalism which, already by the 80s, was ebbing away. In response to repression, Berkeley had been birthplace to the Free Speech Movement of 1964-65, which aimed to ensure that everybody on campus was given their right to speak. It was, in today’s terms, the mirror image of the current student obsession with “no platforming” (i.e. censoring) ideas considered unacceptable. While the movement was left wing, it is important to realise that it created a space for all political speech. As the Wiki page notes: “This applied to the entire student political spectrum, not just the liberal elements that drove the Free Speech Movement”.
Contrast this anti-censorship attitude with what happened this week. Milo Yiannopolis, a provocative speaker of the right, was due to talk about “cultural appropriation” – a bizarre, illiberal idea, now popular on the left, that access to culture should be segregated by race. “Cultural appropriation” popularises on the left an idea that the 1960s left stood firmly against: that people should be treated differently based on nothing but their skin colour or racial origin. It is a bullying and authoritarian ideology, and has resulted in racist incidents like a famous attack on a white man for the “crime” of wearing dreadlocks, and the cancellation of a reggae festival because too many white people were involved.
Milo is a well known shit-stirrer, and enjoys winding up easily-offended illiberal types. He’s annoying, often (but not always) wrong, and I’ve done my best to avoid him. Unfortunately, some on the left have decided instead to promote him, by protesting against him, having him no-platformed, or calling him a “Nazi” for no good reason. Thanks to these intolerant arseholes, we’ve had to put up with Milo being everywhere, and getting a lucrative book deal. Thinking about it, this is pretty much the same way that “liberals” helped Donald Trump reach power. Thanks guys.
Fans of George Orwell will enjoy what happened next. Milo (a gay, Jewish man), due to speak out against a racist, pro-segregationist ideology, faced protest by people calling him a “Nazi”. The talk was cancelled, and riots ensued. And (did I mention?) all this happened at Berkeley, once the home of the Free Speech Movement. Oh, and then Donald J Trump, perhaps the closest thing to a fascist ever elected in America, tweeted to defend free speech against attacks from left-wing Berkeley students. We live in the age of irony. Or perhaps the era of facepalm.
Western liberalism is facing its greatest threat since the 1940s, if ever. The far-right may soon seize control in France, the Netherlands and elsewhere in Europe. And if you’re expecting a defence of liberalism from the left, it seems you’ll be disappointed.
Free speech must be defended as a universal human right. Human rights cannot be stripped from people on the basis that they’re Muslims or Communists. Nor can they be stripped from people on the basis that they offend other people. The left will not defeat the fascist right by being more fascist than the right. That way lies tyranny.
We received news today that Fetlife.com, a cornerstone of the global kink community, has been forced to remove vast amounts of content in order to stay in business.
My book Porn Panic!, published last year, warns of an imminent attack on sexual freedom and free speech. These things don’t exist in a vacuum: they are proxies for liberties that have been taken for granted in the western world for decades. The sexual expression I defend isn’t that important in its own right: what’s important is that sexual expression is the stone on which wannabe dictators sharpen their knives.
Now, with the authoritarian Trump administration taking power, and the promise of Internet censorship coming to the UK this year, there can be little doubt where things are going. Only a couple of weeks ago, Backpage.com was bullied into closing down its adult services advertising in the United States. Now, the assault on Fetlife confirms the direction of travel. Hold onto your hats, because this is going to get very very rough, very very fast. To support this campaign against censorship, please donate or buy Porn Panic! and help spread the word.
Below is the full announcement issued by Fetlife this week:
I have a lot to apologize for; I apologize for the cryptic announcement I made last Tuesday. I apologize for the deletion of 100s of groups and 1,000s of fetishes without any warning, let alone sufficient notice. I apologize for not making this announcement earlier and leaving everyone in the dark, and most importantly, I apologize for letting many of you down.
I wish we could have done things differently, but even upon reflection, I believe we did what we had to do to protect the community and FetLife with the information we had when we made each decision along the way.
Before making any decisions, we consulted with multiple parties. We consulted with the team, partners, financial institutions, the NCSF (National Coalition for Sexual Freedom), the FSC (Free Speech Coalition), lawyers, and anyone else we thought might have insight for us.
So, why did we make the announcement last Tuesday? Why did we remove some of the content we removed over the last 3-4 days? And, why didn’t we delete some of the content a lot sooner?
Everything falls under one of three categories: financial risk, legal risk, and community risk.
Let’s first talk quickly about the financial risk and get it out of the way because I don’t want it to detract from the high priority issues i.e. the legal and community risks.
The Financial Risk
A merchant account is what allows us to process credit cards on FetLife. The ads you see on FetLife covers the cost of approximately 1/2 the cost of our servers and bandwidth – that’s it.
Your support pays for the other half of the servers, plus the team that keeps FetLife up and running, lawyers, accountants, software, etc. So your support pays for the vast majority of FetLife’s monthly expenses.
Hence, without a merchant account, FetLife runs at a loss every month – and we are not talking a couple of dollars a month, we are talking significant losses.
Last Tuesday we got a notice that one of our merchant accounts was shutting us down. One of the card companies contacted them directly and told the bank to stop processing for us. The bank asked for more information, but the only thing they could get from the card company was that part of it had to do with “blood, needles, and vampirism.”
Like me, you are probably thinking, but they have to give you a good reason? No, no they don’t. The only thing they have to do is protect their interests sadly.
Because we couldn’t get any more information than that, we had to act quickly and preemptively protect our other merchant account by making changes to our content guidelines. But since we were very much in the dark, we didn’t think it would be a good idea to go into any more detail than we did at that point.
Three days later, we get another notice, this time from our other merchant account. They got a similar call from the same card company, and they were asked to close our account. This time they were told it was for “Illegal or Immoral” reasons.
Both of the bank’s compliance departments thought it was prudent to close our accounts down even though they were only contacted by one of the card brands so not to risk being fined from both card brands.
The banks maintain a shared list that contains all merchant account closings. The card brand also required the banks to add us to the list which will make it tough for us to ever get a merchant account again, at least for the foreseeable future.
Hence we can no longer process credit cards on FetLife and will most likely not be able to for a while.
The Legal Risk
Over the last five days, we’ve had the opportunity to speak to multiple organizations, each with part of the puzzle.
There are numerous things at play here:
A highly publicized rape case in Australia involving a member of the community;
An organization that participated in the anti-porn bill that wants to see sites like FetLife taken off the internet;
Talk of reviving the obscenity task force in the US;
The Digital Economy bill in the UK that’s being debated currently;
BPjM in Germany; and
We’ve been one of the most liberal, if not the most liberal, adult site on the web which makes us the perfect target;
We can put our heads in the sand, but that is both naive and irresponsible. All of the above have real legal risks attached to them with potentially equally real consequences. Maybe not to you directly but it does to FetLife, the team behind FetLife, and myself.
The Community Risk
The one thing that bonds us all together is our love for the kinky community. Without the kinky community, without sites like FetLife, many of us would not have a place to call home, a place in which we are accepted and understood, and dare I say a place in which we feel free to be ourselves.
If we hope to win the war, if we want our society to be more accepting of us, then we can’t give them a reason to vilify us. People always need someone to blame, and we need to stop making ourselves the easy target.
On what seems like a daily basis, we hear of another atrocious sex or hate crime committed against a fellow friend. And for every story we hear, there are tens of thousands we never hear about. As a community, we need to stop turning a blind eye.
One of the ways to do that is through defining a better list of guidelines that we live by as a community.
At first, it bothered me that we would have to tighten our rules because I felt I was letting people down. But after discussing potential changes with the NCSF, CFP, lawyers, and our merchant providers, I couldn’t help but be excited for the community and FetLife’s future.
Maybe I’m just a naive optimist, but I believe this is an opportunity for us to set the bar higher. These changes affect many of us, to one degree or another, but I think the sacrifices some of us will have to make will be worth it in the grand scheme of things.
Both FetLife and the NCSF believe that the proposed changes will give us the opportunity to flourish as a community while better protecting ourselves from outside attack.
With the help of the NCSF, lawyers, partners, and merchant providers, we came up with the following pillars that will make up our guidelines:
Nothing non-consensual (abduction, rape, etc.)
Nothing that impairs consent (drugs, alcohol, etc.)
No permanent or lasting damage (snuff, lacerations, deep cutting, etc.)
No hate speech (Nazi roleplay, race play, etc.)
Nothing that falls under obscenity (incest, etc. )
These guidelines aren’t intended to be a negative comment against your kink or your fantasies. Some things we believe can be done ethically, like CNC or hypnosis, but they can also be considered nonconsensual in a legal context, and we have to take into account the opinions of the authorities and merchant accounts as well to not only survive but thrive as a community.
Non-Consensual Deletion of Content from FetLife
Why did we act without first announcing changes and without first notifying anyone who would be affected? I know many of you might not believe me when I say this, but it was for our protection.
Yes, it was mainly for FetLife’s and my protection, and we had to act swiftly. One could easily argue that we didn’t move swift enough and that I shouldn’t even make this post because something in it might incriminate FetLife or me.
It’s always been a delicate balancing act. We try our best to balance the needs of individual members, the community as a whole, the team, and FetLife itself.
Everyone’s needs are not always balanced equally. Historically we’ve sided more with individual members needs, but what we’ve learned from recent events is that we need to start putting more weight on the safety of the community, FetLife, and the team behind FetLife – including my personal safety.
We are still going through FetLife to see if anything else needs to be removed or cleaned up. While going through this exercise, we are using the different situations we encounter to help us better define where we need to draw a line.
We hope to be able to publish our new content guidelines shortly as well as implement changes to caretaking so that we don’t ever find ourselves in a similar situation again.
After that, we need to work to repair any relationships we might have ruined with members both inside and outside the community.
A feminist campaign against Tyler the Creator, a hip hop artist, led to Theresa May banning him from touring the UK.
One of the core themes of my book Porn Panic! is the way in which feminism has become a force for censorship. While pro-censorship feminism began decades ago by attacking pornography as ‘misogynistic’, its scope has since broadened significantly. Now, any expression that might be labelled as misogynistic, or offensive to women, becomes a valid target for censorship.
One of the most shocking recent examples of feminism-as-censorship was the ban (by the then Home Secretary, Theresa May) on a popular hip hop artist, Tyler the Creator, from the UK. The following is an extract from Porn Panic!:
… The next ban of an ‘unsuitable foreigner’ was a breathtakingly pointless piece of cultural (and probably racial) bullying. Tyler the Creator, a young, black American hip hop artist was barred from the UK (where he had been planning to tour) in August 2015. The basis of the ban was that he had written and performed misogynistic and homophobic lyrics several years earlier, at the age of 18. There could have been no serious suggestion that Tyler was any kind of threat to anyone – especially since his lyrics were no longer of the crude kind that had once caused offence. But now, his mere physical presence was deemed to be a significant enough problem that he should be barred from entering the country.
The smell of witch-hunt was again in the air. Some primitive human fear instinct had elevated a young man who had once penned some unpleasant words to the status of kryptonite; merely being in his presence might turn young British men into violent rapists and homophobes! The ‘rape culture’ meme came into play. While rape is measurable, rape culture is not. It is the superstitious idea that rape somehow hangs in the air and infects people like a virus. Carriers must be quarantined.
The hand of pro-censorship feminism was again visible. Collective Shout, an Australian feminist group with a history of anti-porn campaigning, had already successfully petitioned to have Tyler banned from Australia based on his lyrics and alleged bad behaviour. The British ban merely rubber-stamped the earlier Australian decision. Where have all the racists gone? Leftward. They appear to have realised that lynching a black man is no longer OK; unless you first label him a misogynist. Then it’s fine.
Hip hop has long been a proxy for racism. It is a black artform that has lasted decades and grown from strength to strength. Although a creation of New York City, it encapsulates the African excellence in rhythmic, spoken word performance. It has elevated poetry to new heights and become the world’s most widely-adopted musical form, in every language. It is common to hear hip hop dismissed in its entirety as ‘cRap’ (geddit?) This makes no more sense than to dismiss all poetry, or all guitar music. Hip hop infuriates because it represents a global triumph of something uniquely African.
Small, forgettable events like the inexplicable travel ban on a young American man are litmus tests for our political system and societal attitudes. Our culture does not appear to be in a good place right now.
I have a confession: for many years, I was a loyal Guardian reader. At one point, prior to the arrival of smartphones and apps, I bought the paper, at a quid a time, perhaps three or four times a week. I always enjoyed, and wanted to support, its high quality, liberal-minded news coverage. It was saddening, therefore, to became aware of the deeply conservative slide the paper was taking, most of all when it came to the subject of sex. In the Guardian’s war on sexual expression, honest journalism at the paper has been sidelined, and bigoted opinions have appeared in place of fact. This bigotry hasn’t just been directed towards strippers, models and pornstars, but also has included deeply racist attitudes. I documented much of this in my book Porn Panic! (which is now available for pre-order on Amazon).
The Guardian’s descent into social conservatism dates back more than a decade. Brooke Magnanti – better known as Belle de Jour – who had blogged about her life as a sex worker, was awarded the Guardian’s blogger of the year award in 2003. She recounts in her book The Sex Myth that a group of Guardian journalists threatened to resign en-masse should she be offered a column. She instead went to write for the Telegraph. The irony that the right-wing paper was more accepting of sex work than the supposedly liberal Guardian was not lost on Magnanti.
In 2013, the paper published an editorial titled “Internet pornography: never again” in which it openly called for Internet censorship. The paper’s liberal values had been overruled by its hatred of sexual expression.
But porn is not the only area in which the Graun has succumbed to moral panic and pro-censorship attitudes. It has joined a far bigger and more worrying war on free expression. This time, the justification for censorship is the very Victorian idea that women are incapable of dealing with the same situations as men. Gender equality is under fierce attack, as it has been many times in history; this time, bemusingly, the attacks come from the political left. This massive assault on gender equality, and on free speech, began to rear its head a few years ago, and began with Twitter.
The War on Twitter
Twitter has long been hated by control freaks. Unlike Facebook, Twitter has been reluctant to censor the content of its posts. This has led the platform to be far edgier than Facebook, and thus more exciting and anarchic. The UK government first signalled its discomfort with free speech on this scale when it blamed Twitter, in part, for the UK riots of 2011. You get the message: free speech is all very well when you’re sending photos of kittens, but too much can be a dangerous thing. This is the age-old mantra of dictators and fascists, and it apparently never gets tired. Threats by David Cameron to provide a “kill switch” for emergency situations were thankfully ignored by Twitter, which is protected from state censorship by the First Amendment to the US Constitution.
The control freak tendency instead reached for the oldest trick in the book: Twitter’s free speech is a threat to womankind! The opportunity to play this card came when a journalist, Caroline Criado-Perez, was abused on Twitter. Now, here was the perfect victim: a photogenic, blonde, middle-class journalist. The press initially reported the abuse as if it had come from a multitude of people, implying that Twitter’s free speech policy was somehow turning hordes of men into misogynistic monsters, and coining the term “misogynistic Twitter trolls”.
Yet once the moral panic had dissipated, it turned out that the abuse received by Criado-Perez had largely originated from two people, and (inconvenient for the “MASSIVE MISOGYNY” narrative), the worst offender was a woman, Isabella Sorley. Furthermore, Sorley had 25 previous arrests, mostly for being drunk and disorderly. Here was a minor story of two unpleasant people – at least one of whom was probably mentally ill – sending horrible tweets to another person; but in the hands of the pro-censorship feminist lobby, it had become a false message that misogyny was everywhere, and that too much free speech can be a bad thing – at least, for ladies.
A line had been crossed: ugly, foul-mouthed working class people are not supposed to come into contact with nice, blonde, middle-class ladies. When the two were imprisoned for their speech crime, the press was notably silent in questioning the sentences.
The Criado-Perez case set a precedent, and suddenly feminist commentators were climbing over each other to discover widespread online misogyny. The only problem with this “analysis” was that beyond anecdotes, there was no evidence to be found that women were being systemically targeted more than men. Indeed, when Demos carried out comprehensive research into abuse on Twitter, it was found that men were far more likely to be targeted than women.
This mirrored the situation with real-world violence, which men are far more likely to experience than women. Indeed, in a rare moment of clarity a 2008 Guardian article stated:
“Although it is the attacks on young women that we are most likely to respond to, it is young men who, overwhelmingly, are victims of violence (as the stories of knife attacks over the past year so well illustrate).”
This is hardly a radical new idea: we know that men are more likely to experience violence, and always have been. Despite this, neo-feminists have chosen to cherry-pick evidence to fit their “massive systemic misogyny” narrative. In other words, it isn’t that women are being targeted: it’s just that women are considered weaker and less capable of handling things that should be the preserve of men. This is, of course, not a feminist message at all: gender equality was once the core thing that feminists believed in, and the infantilisation of women was frowned upon. But from the 80s onward, the feminist movement has become ever more conservative in its attitudes, to the extent that it now largely opposes feminist positions from the 1960s. 1960s feminists argued that women were capable of handling any situation that men could. 2016 feminists disagree.
The neo-feminist view of women, while being nothing like the second-wave feminist view, is remarkably similar to the Victorian one. In Victorian times, women were considered to be frail creatures, prone to “hysteria”, “lunacy” and prone to fainting. Thus, they could not possibly be expected to handle gender equality. Since the Women’s Lib era, there have been frequent campaigns by conservatives to put women back in their place. What has changed is that now, the conservatives are on the political left, and call themselves feminists. The old forces that resisted gender equality – such as the Tory Party and the Daily Mail – have been replaced by new ones, including the Labour Party and the Guardian.
As demonstrated by violence statistics and the Demos study of online abuse, the feminist claim that women suffer more abuse than men is simply false. This is a huge problem for a movement whose single message is that women are “oppressed” by “patriarchy” and “structural misogyny”. Quite simply, if there did exist widespread hate of women by men, then women would suffer more violence and online abuse than men, not less.
And now, enter the Guardian to save the day. Last week, the paper published its own study into online abuse, and unlike any previous study, it found that women were, indeed, more likely to be victims. The study (and accompanying daily drumbeat of moral panic) was chillingly titled “The Web We Want” (“we”, meaning Oxbridge-educated Guardian journalists). Here was the Guardian in campaign mode, pretending to be publishing news but in reality whipping up a Daily Mail-esque moral panic over free speech:
“…along with online camaraderie, the vituperative modes of interaction took hold: bullying, shaming and intimidation… For women it frequently assumes a particularly violent and sexualised form, sometimes extending to public rape threats; for ethnic minorities it is often racist.”
In a nutshell, here is the methodology of the conservative left: attack free expression, but using left-wing language. Don’t say “Christian family values are under threat”, say “OMG people are being sexist, racist and homophobic! We must stop them!”
But it is, indeed, puzzling that the Guardian’s findings overturn conventional wisdom. Puzzling that is, until the methodology is examined: it is simply laughable. The explanation is packed with irrelevant technical detail (they used Postgres database software, and wrote scripts in Perl – so what?) which apparently is only included to distract the reader from the important bit. The entire article contains one useful, and very revealing, sentence:
“In our analysis we took blocked comments as an indicator of abuse and/or disruption”
So the reasoning is entirely circular, and hugely dishonest. Guardian moderators, acting (one presumes) under Guardian policy, block posts they subjectively consider to be sexist, racist and homophobic. They then examine the blocked posts and (shock horror!) discover they are largely sexist, racist and homophobic. The newspaper is guilty of the worst sort of misinformation: making a headline claim and then providing small print that doesn’t back it.
This is far from being the Guardian’s first campaign for censorship – it has actively campaigned for porn, “sexualised” imagery and (black) music videos to be censored. But this is the broadest attack so far, targeting the very basis of online free speech. Furthermore, the moral panic is obviously carefully planned and orchestrated, with day-by-day updates. Unsurprisingly, a Labour voice has now joined the campaign, with an Orwellian call by Yvette Cooper for “greater monitoring of online harassment”. Labour MP John Mann is already on record as calling for internet bans on “trolls”: crushing people’s right to speak out if the authorities consider them unsavoury. The implications for controversial political speech are profound.
Little of this could fly in America, where free speech has been protected since 1789. But speech in Britain has no such protection, and so (as predicted by George Orwell in 1984) is a soft touch for “nice” censorship, designed by a paternalistic state to protect us from ourselves.
My book Porn Panic!, which documents sexual prudery, the decline of the progressive left, and the rise of a new fascism, is now available for pre-order on Amazon UK and Amazon US.
The new Kiddle Search Engine is ‘protecting’ teenagers from learning about sex, sexuality and the human body.
Readers of this blog will be aware that attempts at anti-sex censorship are usually dressed up as ‘child protection’. You might remember, for example, the ‘porn filters‘ that were rolled out by ISPs to protect the little dears from all that horrible pornography; yet in practise blocked everything from sex education to drug information and self-harm support: things that are vital for teenagers to access.
Again, the current government consultation on ‘protecting children online’ is actually aimed at preventing everyone – including adults – from accessing porn that doesn’t comply with UK censorship laws.
In short: when you hear ‘online child protection’, you can expect the exact opposite: defining teens as ‘children’ and then blocking access to vital information and resources is NOT protection: it’s abuse.
So when the new ‘child protection’ search engine from Kiddle turned up, I was suspicious. And, it turns out, rightly so. As Jane Fae writes in Gay Star News (link below), the search engine believes that any terms related to homosexuality are unacceptable. This is not accidental. Searching for ‘LGBT’, for example, returns:
“You have entered an LGBT related search query. Please realize that while Kiddle has nothing against the LGBT community, it’s hard to guarantee the safety of all the search results for such queries. We recommend that you talk to your parent or guardian about such topics”
But the restrictions aren’t confined to gay or trans issues. Searching for ‘breast cancer’ returns:
“Oops, looks like your query contained some bad words. Please try again!”
We live in a country so determined to stop teens seeing nipples that they can’t learn about breast cancer. This isn’t child protection: if a young person is old enough to search for LGBT information, they’re old enough to read the results. To tell a young person exploring their sexuality to “talk to your parent or guardian” is beyond insensitive.
Nick Cowen is a PhD student, who has recently published an academic paper on Millian Liberalism and Extreme Pornography. In this, he argues that apparently ‘liberal’ justifications for banning ‘extreme porn’ in the UK are misguided. The Sex & Censorship campaign agrees: trying to justify censorship from a liberal perspective is a contradiction in terms. Below, Nick explains his argument in brief. His full paper can be downloaded here.
In August 2012, Simon Walsh, a prominent lawyer and former aide to London mayor Boris Johnson, was prosecuted for possession of ‘extreme pornography’. The alleged crime was possessing digital photographs depicting ‘fisting’ and ‘urethral sounding’ taken at a private all-male sex party where Walsh was a participant.
The prosecution claimed that the acts depicted were extreme because they could cause serious harm. The jury heard expert evidence from a surgeon that the acts, which are relatively commonly practiced within the LGBT community, could be conducted safely. It took the jury just a few minutes of deliberation to reject all charges.
Despite the ‘not guilty’ verdict, the trial came at personal cost to Walsh. Intimate details of his sex life were exposed in a public forum. Moreover, the Crown Prosecution Service continues to argue that the grounds for prosecution were sound and that the images were ‘extreme’, leaving open the possibility of continued prosecutions. This suggests a particular legal vulnerability for gay men and other sexual minorities. This is a perverse result for a law that was originally intended to address violence against women.
The British government banned extreme pornography in 2008. There are now more than 1000 prosecutions a year in the United Kingdom. We know comparatively little about the circumstances of most cases, possibly because, unlike Walsh, most defendants accept a sanction to avoid public attention and the greater risk of a prison sentence.
Prosecution statistics indicate that many cases involve depictions of bestiality. While bestiality raises real concerns with animal cruelty, many images may amount to harmless (if poor taste) jokes. For example, one failed prosecution in Wales involved possession of an image of a man having sex with a woman while wearing a tiger costume.
I argue that this approach to regulating pornography is disproportionate to any notional public benefit, and cannot plausibly protect women’s interests or improve their social status. My article highlights some illiberal aspects of the ban. First, ‘extreme’ is defined in terms of what the image appears to depict, rather than any actual harm done in creating the image. This means that records of acts safely performed by consenting adults can nevertheless be criminalised. Second, the law bans possession, not publication. This means that the law respects no boundary between private and public, and does not consider the context in which an image is found or displayed.
These features would have a strong chance of rendering such a ban unconstitutional on first amendment grounds if the law were passed in the United States. It is somewhat less clear whether it infringes European human rights law. Regardless of where positive law stands, I argue that liberal defences of privacy and free expression extend to extreme pornography.
I argue instead that images used to expose or harass individuals (or ‘revenge porn’) are legitimately prohibited. On my account, consent to view or be depicted should be the key test of legality, a test that the current definition of ‘extreme pornography’ sadly ignores.
It’s a whole year since the London face-sitting porn protest, organised by sex worker activist Charlotte Rose, made global news. The protest was held in response to a new law, AVMS 2014, which heavily restricted which porn could be legally sold by UK businesses. I explained the implications on this blog,
This Saturday at midday, we will gather outside Parliament again to protest. Last year’s law was the last straw for many of the remnants of the British porn industry, and many people have closed their businesses.
But it was just the beginning. The significant law isn’t the last one, but the next one. The bans introduced last year didn’t prevent providers outside the UK streaming their content to British consumers. The ultimate aim of the censorship machine is to create a mechanism for blocking non-UK sites that breach UK standards of ‘decency’. This won’t just apply to porn, but to many categories of content – as we discovered when the ‘porn filters’ were introduced two years ago.
I expect an attempt to introduce Internet censorship in 2016. In fact, one attempt is currently in the House of Lords: the Online Safety Bill.
This is the year to join the protest – please come along on Saturday if you can.
[Editor’s note: it was with incredulity that I first heard about The Block Bot, a piece of software that automatically blocks Twitter users chosen by the Block Bot team, which has made itself judge, jury and executioner in deciding whose tweets should not be seen. The author of this piece is a law student who has decided to take legal action against the Bot team: read on for details… I encourage readers to support his action – see Go Fund Me link at the bottom.]
The internet is a dynamic place. As a new and increasingly important part of our lives the datasphere has really only existed for a few decades. I remember getting my first ‘proper’ internet email account at University in the late 1990s. It is natural therefore that society is still trying to find the right balance between freedom and regulation.
Society does need to draw lines. I personally draw the line at children, animals, dead people and ‘real’ violence. On the other hand, to invert something a senior Labour Party official once said to me, “There is censorship, and then there is taking the f***ing piss”. The Block Bot falls hard into the latter category.
The Block Bot, for those of you who are unfamiliar with it, is a subscription service to ‘protect’ users of Twitter from ‘harassment’. The Bot project maintains a database of ‘bad’ users of Twitter. When you sign up to the Block Bot it blocks them for you, 24 / 7. Silently and automatically, people are removed from your timeline.
The problems with the Block Bot are twofold –
The first major problem is that whilst it bills itself as protecting people from ‘harassers’ it in fact blocks many people who are merely political opponents of the Block Bot. The small print of the Block Bot project shows it has three levels of iniquity and, whilst the definitions have regularly changed, the current definition for Level 3 is, “This may include, but is not limited to, accounts that appear to frequently engage in microagressions, parrot tired talking points, show a sense of entitlement to have a conversation, exhibit a lack respect for the lived experience of others, etc.”https://archive.is/fVeaM
The Block Bot list contains Professor Richard Dawkins, Beatrix Campbell OBE and at one stage it it even included Barack Obama, although he was eventually removed. Users of the Block Bot are told who is blocked on the sign up page, although as there are around 10,000 usernames to read in tiny print it is infeasible for most people to read it. There are no further mechanisms to notify subscribers of blocks afterwards, although the Block Bot account tweets out the occasional unblock. Individuals have been explicitly added for no better reason than being humanists.
The second major problem is that the Block Bot maintains a database of the alleged ‘offences’ committed by people on the list. Professor Richard Dawkins is listed for (amongst other things) ‘#racist’, ‘#childabuseapologism’. Whilst Dawkins is many things he is neither racist nor a child abuse apologist. Beatrix Campbell OBE is listed on the bot for ‘freazepeach’ (supporting free speech is an offence … to the Block Bot team).
The database has usually been publicly searchable although it has been up and down recently following threats of legal action and its use as a back-end to search software written by opponents.
Silently, political views are removed from the world view of those who use the bot, enclosing them in an echo chamber bubble. At the same time, they will be interacting with the Block Bot team. Its administrators are best described as members of the extreme left – a noxious variation of the Tumblr tendency based around a hard left forum called, ‘Atheism Plus’ who take offence … easily. Members of the community are occasionally made an example of for deviating from the approved line.
It is like joining a kind of ‘stealth’ virtual cult, which rather than physically intern its subscribers in a compound somewhere, mentally interns them in a so-called ‘safe space’ in which dissenting views are excluded and the occasional initiate is dragged screaming from the ‘room’ as a warning to others – deterring anyone from following suit.
The Block Bot is subject to significant rate restrictions. For a new sign up it can only block 1 person per minute. That means that running 24 / 7 it will take a week to complete the initial block list. Existing users are subject to similar restrictions.
The end result is rather unhealthy. An automated online tool, the Block Bot does not rapidly block offenders but instead locks them in a sealed room with its administrators. The echo chamber does not brook dissent and of course the Block Bot team deliberately insulate themselves from complaints, which they regard as ‘harassment’.
All that changed earlier this year. After making a video critical of the Block Bot I was added to the list as a ‘Level 1’, ‘Troll’ and when I served two block bot administrators with letters before action all hell broke loose. Unable to comprehend that there might be other points of view they reported me to the police. The police are under a statutory duty to investigate and initially they did. One police force even served me with a ‘notice of harassment’ allegation. After an investigation that has now been rescinded. The police concluded that my actions were not harassment.
Now the boot is on the other foot. I have started County Court proceedings against Block Bot creator James Billingham, who lives in the UK. Readers will judge for themselves whether it is legal to –
Maintain an ‘offenders’ database and add people for sexual allegations without telling them
Not register the database with the ICO
Make the database searchable online
Write a ‘John Scalzi’ quotes bot to tweet snide remarks at aggrieved persons who contact you instead of having a clearly defined appeals procedure
Answers on a postcard. I am bringing a small claim for £1,000 under the recent ruling versus Google that persons whose data protection rights are breached are entitled to moral damages. In itself that is not enough to bankrupt Billingham or end the Block Bot. However, there are over ten thousand people on the bot. If I win Billingham could be looking at a seven-figure bill. Q – if a tenth of the list, (say 1,000 people) sue for £1,000 damages each, what is the bill if they win?
Litigation is always risky, although I have had three positive second opinions. I am running a Go Fund Me as a way to minimise risks. If you want a laugh, chuck in a £20, would you? If there is any money left at the end it will be spent on a London meet up for members of an anti-censorship, pro-consumer, pro-ethics group called KotakuInAction (free to join).
This week saw draconian policing directed towards the dominatrix listing site, Professional Mistresses (NSFW). There can be little doubt this was done to “send a message”. UK censors seem to have a particular bee in their bonnet about BDSM, and also Twitter, for its defence of free expression, including sexual expression, regularly comes under attack from UK authorities and media.
So it’s not too surprising that last Sunday, the site’s webmaster was arrested at his home, taken to his local police station, and questioned for two hours before being de-arrested. The arrest seemed to have been triggered following a complaint about the site’s tweets being “unsuitable for children”. It should be noted at this point that sending out tweets or any other communication “unsuitable for children” is not illegal! As we know, THINK OF THE CHILDREN is standard fare for people wanting to ban legal things.
The webmaster explained in an email to his list:
“… late on Sunday afternoon, a marked police car attended my property and arrested me. The arrest was made by my local police force who had received a complaint from the Thames Valley police area, due to what they claim were tweets on the Professional Mistress twitter account, that was unsuitable for children (or that’s the excuse they gave). I spent 2 hours being interviewed before being de-arrested…
During the 2 hours, they showed me a couple of examples of tweets, which were just links to promoting mistresses on the site and also a retweet of another mistresses. I made it very clear that there was nothing illegal about my directory site or tweets, but they refused to give me a reason why they felt it was… A brief mention of trafficking was brought up, but I knocked that on the head within minutes, pointing out whilst I vet profiles, in great detail, I am not the “pimp” for those listed on the site.”
Also note the chilling mention of “trafficking”, which has become the standard excuse for anti-prostitution campaigners determined to blur the clear lines between illegal immigration and legal sex work.
Why are police arresting people for non-crimes? It’s unlikely this was an accident or a coincidence, and I also seriously doubt whether the complaint came from an outraged member of the public.
The UK authorities often appear to be outraged that Twitter, a US-based service, and so with its free speech protected by the 1st Amendment to the US Constitution, operates in the UK, where we (sadly) have no legal defences against state censorship. Expect more UK attacks against the BDSM, porn and sex work communities and against users of Twitter, coming soon.
For about five years, I’ve tracked state plans to introduce mandatory Internet censorship under the guise of “protecting children from pornography”, and for the past 18 months or so, I’ve documented these activities on this blog. This drive to censorship has been backed by carefully orchestrated scaremongering about children being “harmed” by pornography by an alliance of government regulators, religious moralists and anti-sex feminists. Most recently (and disturbingly) the child-protection charity NSPCC joined the party, with a deeply unscientific piece of market research.
In 2010, a new regulator, ATVOD, was created to regulate UK video-on-demand providers. ATVOD has focused almost all its efforts on closing down UK-based porn businesses that don’t comply with extremely stringent age-verification controls.
ATVOD has devoted its own resources to lobbying for more powers for itself, complaining that no other country has implemented the same controls, and thus UK citizens are still able to access pornography overseas (or in other words, they’re complaining that no other government has the same prudish and panic-prone view of pornography as ours).
In December 2014, a new law was introduced, banning online pornography that exceeds the BBFC’s strict R18 rating. Sadly, many pro-porn campaigners got distracted by controls on squirting and BDSM, and missed the bigger picture – as I wrote in December, “well over 99% of the world’s [adult] websites are now technically illegal here in the UK”.
The last, inevitable step is to introduce mandatory website blocking of the vast majority of adult content worldwide that does not comply with the UK’s puritanical regulations.
This new law would empower an “independent regulator” (almost certainly ATVOD) to ensure that non-compliant material will be blocked. The result would be the blocking of millions of sites to ALL UK citizens. Although this march to censorship has been done in the name of child protection, there will be no official way for UK adults to access porn outside of the UK (although technical workarounds such as Tor will be easy enough to implement).
Based on the experience so far with the optional “porn filter” (which blocks far more than pornography), we can be certain that this new mass-blocking of websites will encompass far more than porn. Indeed, the government has already signalled a desire to block “extremist” sites – whatever they might be, and media corporations have long lobbied for blocking of pirated content. If implemented, this law puts the power of Internet censorship into the hands of a non-governmental body, and certainly marks the end of an open Internet for UK citizens.
Shamefully, these plans have been backed by certain porn companies, both British and American, which see a commercial advantage to the blocking of their competitors.
Finally, the end-game of the Porn Panic has arrived: now the task of building a broad movement for free speech begins. This was never about pornography.