Tag Archives: censorship

Feminism, free speech and keeping your enemy in plain sight

Journalist Nichi Hodgson takes a look at a feminism that justifies censorship in the name of fighting sexism. This article was originally posted on her blog, and is republished here with her permission.

If you’ve been thinking about feminism and free speech in the wake of the Julien Blanc debacle, I recommend you read Helen Lewis’ article for the Guardian on free speech and trolling. In it, she makes the little-mentioned point that the way we broadcast on social media is leading to ‘context collapse’. Yet to some extent this applies to Blanc too. The context for the PUA movement’s performative braggodocio is a country where the Westboro Baptist Church can caw for the death of homosexuals in the name of true faith in God, and where the right of abortion protestors to shout in the face of vulnerable womenleaving clinics is effectively a constitutional right.

Of course, that doesn’t mean that we have to accept Blanc’s feckless brand of manipulation (as manipulative of men as it is women) out of some kind of culturally relative sympathy.  But it does help to explain how Blanc could establish his expensive workshops and get his stomp on in the grounds of maligned masculinity.

Lewis argues that it was right to deny Blanc a visa because his free speech is inciteful of violence against women. The problem, as ever, is proving incitement. It’s not impossible to do, of course, (although it raises serious questions about personal responsibility). But what the wider debate about free speech vs sexism is demonstrating is that it may be time to broaden our hate speech laws if we want to make it an offence to incite gender-based violence. To do that could throw up some interesting results – such as whether OBJECT constitutes a hate group, for example (here’s an interesting post from Sex and Censorship on the topic). After all, feminists against misogynistic language need to be careful. Labelling men rapists, where they have not been charged with a criminal offence, is defamatory.

Lewis’ argument is astute and articulate. But it is also unfortunately an argument diluted to censorship by campaigning feminists in their war against sexism. No More Page 3 have managed to persuade Tesco to censor the covers of tabloid papers on the basis of their sexism and so-called ‘harm’ against women. Yet they cite no independent, empirical research to back up their claims.

What’s more, they need to watch out that they don’t inadvertently curtail women’s sexual freedom. I’ve just been told that my next book won’t be for sale in supermarkets unless I tone down the title, for example. Guess what it’s about? Yep – female sexual liberation. Incidentally, there’ll be no scantily clad anything on the cover.

What’s more, the war against sexism is at risk of mis-serving its  most serious victims. We talk of ‘rape culture’ but seem to ignore the real details, causes and context of the 85,000s rape that take place in England and Wales. We harp on about the assault that is a street-side ‘hey baby’ while it’s revealed that Margaret Thatcher knew of the Westminster paedophile ring. Sexism and harassment manifest at every social level. Of course the government is going to round on individuals like Blanc – it helps deflect from their own multifarious abuses. But is Blanc really who we should be getting aerated about over a prime minster who turned a blind eye to eye – watering sexual assault, alleged murder and the abuse of scores of young men?

Personally, I’d rather be able to hear Julien Blanc. Milton’s argument in Areopagitica is that the broader the range if views we are privy to, the better we can crystallise our own. Keep your enemies in plain sight, especially when they are misogynists.

As the American academic Stanley Fish has it, “Free speech is what’s left over when you have determined which kinds of speech cannot be permitted to flourish”. Fish, of course, like Lewis, also believes that’s a good thing.

But that’s the thing about the internet. You can’t round on its dark, anti-social, hateful voices the way you can out there in civic society.

Nor can they hide.

That too, is a good thing.

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Queen's Speech Promises State Censorship

Alert: New ATVOD Anti-Porn Censorship Law to Arrive 1st December

On 1st December a new law governing online porn will come into force in the UK. This is known as the Audiovisual Media Services Regulations 2014, and amends the 2003 Communications Act.

The law applies to VoD services regulated by ATVOD, and imposes restrictions on the types of content that can be legally sold by UK VoD providers.

There has been much confusion over what this law means: this post is an attempt to provide some clarity.

Effects on Consumers

There are no (direct) implications for porn consumers. The law affects UK-based providers only. Consumers are still at liberty to access any online porn they want, and will only be affected if their favourite British website happens to be censored by the new law. Of course, existing laws (like the 2008 “extreme porn law”) still apply. However, see further implications below.

Effects on Providers

The new law only affects providers of On Demand Programme Services (ODPS) that are regulated by ATVOD. ATVOD’s power comes from the EU AVMS regulations, which relate only to “TV-like” services. In most European countries, most websites (including adult websites) are not considered to be TV-like. However, in the UK, ATVOD has chosen to apply the regulations far more broadly, and encompass a wide range of services, including adult sites. This gives ATVOD the power to regulate, and control, any website it decides is TV-like.

Note that ATVOD has repeatedly been struck down by Ofcom regarding its broad definition of TV-like. The Sun newspaper, the BBC, and a number of others, have successfully appealed that various services cannot be considered TV-like, and so have escaped regulation by ATVOD. Recently, a dominatrix also appealed that her site, Urban Chick Supremacy Cell (NSFW), was not TV-like, and won. Sites that have removed themselves from ATVOD regulation in this way are not bound by the new law.

What Does the Law Change?

The new law puts a restriction on the strength of porn that can be sold on regulated services. Previously, any pornographic content that did not breach existing content laws (for example “obscene” material, and child abuse imagery) could be sold. Now, only content equivalent to the BBFC’s R18 rating can be sold: this brings VoD services into line with DVD.

R18 is a strange thing: it is a set of weird and arbitrary censorship rules decided between the BBFC, the police and the CPS. There appear to be no rational explanations for most of the R18 rules – they are simply a set of moral judgements designed by people who have struggled endlessly to stop the British people from watching pornography.

In practise, this means that video of various fetish activities can no longer be sold by regulated UK services – the people most affected will be those running fetish sites of various types. This may explain ATVOD’s apparent obsession with chasing down dommes who sell their own videos: most femdom sites would now be illegal to run in the UK (at least, if they are “TV-like”).

The list of rules governing R18 is long and often vague, but they include:

  • Urination in various sexual contexts is banned, as is female ejaculation
  • Spanking, caning and whipping beyond a gentle level are not allowed
  • “Life-endangering activities” such as strangulation and facesitting cannot be carried out
  • Fisting is banned (if all knuckles are inserted), as are other large insertions
  • Bound and gagged models may not be featured, as there needs to be a clear way in which the model can withdraw consent

Why Has This Been Done?

The introduction of the R18 standard into law is essentially a way to circumvent European standards. The EU’s AVMS directive specifies that content that “might seriously impair minors” should be restricted so that under-18s cannot normally  view it. However, this is a test to be answered by psychologists, not government censors. The UK media regulator Ofcom looked at the results of research by 20 European governments, and stated: “No country found evidence that sexually explicit material harms minors”.

This is inconvenient for a government that wants an excuse to censor pornography, regardless of any evidence of harm. Introducing the R18 test removes the need for objective evidence, and instead allows censors to make arbitrary decisions.

Although the law is introduced under the pretext of “protecting children”, it actually affects adults and children alike.

Implications

In practise, very few people are directly affected: most businesses selling strong fetish material online left the UK years ago for other European countries or the United States (the well-known fetish site kink.com (NSFW) is run by a Briton who moved to San Francisco to escape our ludicrously censorious climate).

However, this law was clearly introduced to further ATVOD’s plans to restrict what sexual content can be accessed by UK citizens, and will doubtless be used to justify further censorship in various forms. ATVOD have long wanted to stop banks from processing payments for services that don’t meet their tight regulations, and have tried (and failed so far) to introduce licensing of non-UK sites. Watch this space for more news at it emerges (please join our mailing list for updates).

ShirtGate: Fascism Cloaked as Liberalism

For those with a love of science, the story of the week was, of course, the landing of a robot – launched 10 and a half years ago – on a faraway comet. As someone who is still amazed that I can instantly publish an article from a computer in London, that can then be read globally, I lack the words to express my jaw-dropped amazement at this latest accomplishment of mankind.

The mastermind of the mission was Dr Matt Taylor. Like many ultra-intelligent people, Taylor clearly possesses an offbeat personality and quirky outlook on life. Conformity is for the dull of mind. It was hardly unexpected then, that Taylor chose not to wear a grey suit and tie, but instead appeared at a press conference in a bright shirt made for him by an artist friend – a woman. The shirt featured cartoon images of scantily-clad women brandishing guns.

If Taylor had been paying more attention to politics over the past decade, he’d have witnessed the final stages in the collapse of the progressive left, and its replacement with a new set of intolerant, dogmatic, anti-sex, pro-censorship attitudes. But he clearly had more important things to worry about, so he’d missed the rise of a clique of online bullies using feminist language to achieve a very non-feminist goal: the suppression of the idea that women can be sexual beings if they so choose.

During the attacks on Taylor – referred to online as ShirtGate – the online mob made use of a now-standard logical fallacy to attack the shirt: the idea that an image of any woman is an attack on the rights of all women, and thus, any woman who is offended by an image of another woman has the right to attack the image and call for it to be censored. It was also implied – equally ludicrously – that the shortage of female scientists might somehow be linked to such “sexist” shirts – suggesting that women are incredibly weak individuals (and ignoring the fact that anyway, sex isn’t sexist). The tendency for women to attack women-who-dare-to-be-sexual (brilliantly written about this week by a female journalist) is well known – only the language changes to keep up with the times.

To the rest of us who haven’t had to worry about landing a tiny probe on a small, fast comet, the wave of media bullying that Taylor experienced came as no surprise. Anti-sex feminists have been busy in recent years: closing down strip venues, working with religious fundamentalists to strip all rights from sex workers, advising governments to censor the Internet (because, you know, OBJECTIFICATION), and attacking proudly-sexual womanhood in every medium, from pornography to music videos. The left is guilty of attacks on sexuality that the religious right would once have been proud of.

Online witch-hunts by the new, conservative feminism have become popular in the past year or two: where once, “witch” or “communist” were slurs that meant the end of a career or a life, now “misogynist” and “rape apologist” are labels to avoid at all costs. I myself was labelled a “rape apologist” on Twitter for defending the free speech rights of a comedian this week; but I knew I was opening myself to such slurs when I started this campaign. To fight for free expression is to offend those who hate it.

And so we were treated to a sight that brought to my mind the struggle sessions of the Chinese cultural revolution: an intelligent, gentle man reduced to tears as he made a forced apology on TV (this time wearing a plain hoodie. Fascism hates bright colours).

Once a standard bearer for free expression and reason, the left is now increasingly the home of a rising anti-intellectualism, as well as the most puritanical anti-sex attitudes. The sight of a crying scientist confessing to crimes against the sacred purity of womanhood is symbolic of wider attacks on science from the new left, rather than the  right. This week also saw a scientist (this time, a women, Professor Kate Glover) sacked for simply stating a scientific fact: namely, that there is no evidence that genetically-modified organisms are harmful. Calls for her sacking were orchestrated by left MEPs, Greenpeace and Friends of the Earth. George Orwell, as ever, understood the nature of fascism better than anyone: “In a time of universal deceit – telling the truth is a revolutionary act”. As if to illustrate the blur as to what “left” and “right” mean any more, a right-wing commentator mockingly compared the intolerant, puritanical attitudes of today’s left with the religious right’s most ludicrous character: When did the left turn into Rick Santorum?

The only silver lining in this is that Dr Taylor, unlike previous victims of the combined feminist-fundamentalist mob, has attracted great sympathy and support from many women and men. Perhaps this time, the “objectification” bullies have overreached themselves. One of the reactions has been a crowd-funding campaign to buy Matt Taylor a gift: click here to donate, and help demonstrate that most people are not nearly as stupid or hateful as ShirtGate might have implied.

Those of us who consider ourselves liberals in the true sense – pro-liberty, free expression and science – must realise that the political spectrum as we knew it has become meaningless. A new, pro-liberty, pro-reason left needs to be built if we are to stop the slide into intolerance, censorship and authoritarianism being pursued with equal vigour by both left and right.

The Censorship of Dapper Laughs

– The first condition of progress is the removal of censorship – George Bernard Shaw

– I disapprove of what you say, but I will defend to the death your right to say it – Evelyn Beatrice Hall

In my upcoming book, Porn Panic, I raise a question about the censorship state – specifically the British Board of Film Certification (BBFC), the police and prosecutors – Are They Superhuman? In Britain, all DVD and cinema releases are required, by law, to be certified (and possibly censored) by the BBFC. Obscenity law defines obscene material as that which might “deprave and corrupt” the viewer, listener or reader, and it’s the BBFC’s job to ensure that no such material gets into the public sphere where it might damage our fragile little minds. BBFC examiners watch all submitted material, second-by-second, and recommend cuts if they encounter obscenity. Similarly, police officers who are preparing a case for an obscenity prosecution must sit through hour after hour of depraving and corrupting material. So how is this possible? How can material that depraves and corrupts its audience not deprave and corrupt BBFC examiners, police officers and prosecutors? Are they a different species from us?

I asked the obscenity law specialist, Myles Jackman, for his thoughts on this, and he said: “I’ve have to watch a lot of fairly colourful material in my career, and it doesn’t seem to have had a significant effect on me. Who watches the watchman? Why normal, average members of society are considered to be more sensitive and delicate, I simply can’t answer.”

Censorship is a decision by one group of people to deprive another group of people the right to access some content. At its core, censorship is inherently elitist, and can be nothing else. The censor doesn’t believe that he or she is weak, stupid or brutal enough to be depraved by the material, but believes that other people are. This elitism usually appears in class form, though it can also be linked to sex, sexuality, race or age. Most people don’t think they have the right to censor others, even if they dislike what they watch; but some do. These people, by definition, are elitists.

Elitism rears its head in every single moral panic and act of censorship, without fail. It appears constantly in attempts to censor pornography: “Of course, porn didn’t turn ME into a rapist, but then I’m not one of those people…” It appears among the nice, middle-class ladies of the No More Page 3 campaign, who don’t want to see breasts in a newspaper, and don’t want the Sun’s (mostly working-class) readership to do so either. It appeared in the 1960 Lady Chatterley trial, when the prosecutor asked whether… “you would wish your wife or servants to read”… such books. It appeared during the Video Nasties moral panic, in response to the idea that, thanks to the new VHS technology, ordinary people could now see the kind of uncensored material that had, formerly, only been accessible to the wealthy. It appears now in a new moral panic over computer gaming, in which “the impressionable” are considered at risk of being turned into rapists and murderers.

“The impressionable” are never people like us. They are other. They are poor, or black, or female, or male, or gay, or belong to some other group that we decide to fear or hate. In moral panics, bigotry becomes acceptable – such as this Guardian piece implying that African men don’t have the restraint of white people, and are thus especially prone to being turned into rapists by pornography: “I used to think porn was tremendously good fun… [until in a Ghanaian village, a mud hut is transformed] into an impromptu porn cinema … turning some young men into rapists…” – those primitive Africans, and their rapey ways! And this is in a “liberal” newspaper. As the left has lost touch with its labour roots, it has also become ever more elitist.

Advocates of censorship are certain of their own superiority over those-who-must-be-censored. If they weren’t, it might dawn on them that they don’t have the right to control the behaviour of other people; that they are no better than the people they seek to control. They would instead realise that, while they have the right to boycott material that offends them, the other people also have the right to see it.

Thus, it should come as no surprise that the middle and upper classes, already secure in their innate superiority, are the ones who most seek to censor and control the activities of others. Of course, few people ever admit elitism – they instead try to justify their behaviour with spurious claims of harm: “I’m not a prude, but porn turns men into rapists”, “I’m all for free expression, but computer games make people violent”, “Much as I admire the energy and enthusiasm of youth, heavy metal gives power to Satan”, “I’m not a racist, but hip-hop encourages misogynistic attitudes”… “I’m as reasonable as the next person, BUT THOSE PEOPLE ARE DANGEROUS!”

It is a sign of these conservative times that universities, once bastions of free thought and rebellion against the status quo, have become increasingly censored places. The excuses for campus censorship tend to sound vaguely progressive, but (as the quote at the start of this article makes clear) censorship is anathema to progressives. Conservatism in progressive clothing is the order of the day.

The latest target of campus censorship is a comedian called Dapper Laughs (DL), who has a show on ITV2. I hadn’t heard of him until a week or so ago, when an explosion of outrage erupted on Twitter. Personally, I’m of the opinion that “ITV comedy” is an oxymoron. See – I’m an elitist too!

This latest moral panic began when a Cardiff University student, Vicky Chandler, began a petition to block DL from performing at the university, based on the fact that he’d been recorded telling jokes about rape. No evidence has been presented – it should go without saying by now – that men hear jokes about rape, and then go on to commit rape. The beer sold in the Cardiff student union bar is far more likely to have been involved in sexual assaults than any comedy act. But to call for alcohol to be banned from campus would a truly brave act*, whereas calling for a “sexist” comedian to be banned is guaranteed to win applause and admiration for Chandler from those looking for the next pro-censorship hero.

So the students that might have wanted to see DL, and decide for themselves, are told they’re not allowed to. Because they’re not clever enough to see (alleged) sexism without endangering the female population of Cardiff. Only the elite can decide what is suitable for the entire Cardiff student body to see or hear, and the elite have signed Chandler’s petition. Game over. Predictably, once a few-hundred signatures had been received, the gig was cancelled. Then ITV announced DL would not have another series. But the witch-hunt was just beginning.

The Twitter hysteria followed a pattern which has become tediously familiar: person found guilty of “hate speech” (without the need for a messy trial – who needs due process?); those that question the verdict are accused of supporting hate speech, as are those who defend the right to free speech on principle. Attempts at reasoned discussion are futile (OMG I can’t fucking believe you support violence against women!!!, etc.) Lynch-mobs have no need to hear alternative viewpoints, and the risk of being publicly branded a misogynist is enough of a deterrent for most people to keep quiet.

Supporters of the ban tried to deny this act of censorship was, in fact. censorship, and claimed this had been a democratic process, because everybody had the right to sign the petition, or organise a counter-petition. If this is democracy, it’s an ugly variety – more commonly known as tyranny of the majority. And not even a true majority – just the small number of elitists that decided they should have control over the viewing habits of the quiet majority. This is a fascistic interpretation of democracy, and has chilling implications for all the minorities that might next face censorship-by-petition. As a Jew (we make up 0.3% of the UK population) with mixed-race kids (they constitute 2%), this makes me more than a little uncomfortable. But hey – the elite would never turn on us, would they?

This country, once the birthplace of Enlightenment values, has lost touch with the meaning and purpose of liberal thought. Free speech must, by definition, include bad speech, and (as the old saying goes) the antidote to bad speech is good speech. Allow an elite to deem (without a hint of due process) certain speech to be unacceptable, and freedom is fundamentally lost.

Chandler herself has showed a deep ignorance of liberal values by declaring herself qualified to determine the limits of free speech for everybody. While justifying herself, she tweeted “offending a religion isn’t freedom of speech, it’s hate”. But to offend is a basic right. I find Chandler’s utterances offensive in their dangerous ignorance as to what constitutes free speech, but still, I defend her right to her ignorance, and her right to shout it from the rooftops. All speech that has any value will offend somebody; without the right to offend majority values, the feminist and civil rights movements would have been crushed before they had begun.

But many of today’s “progressives” come from a different school. They use liberal language to cloak the fascistic idea that some viewpoints can be crushed by a small, active group. The censorship of Dapper Laughs is a victory for a censorious elite that is growing in strength by the day.

* For clarity: no, I don’t support bans on alcohol either.

PS: a quick look at Dapper Laughs’ Twitter mentions reveals more people (male and female) regretting the closure of his career than rejoicing in it. But sorry folks, you can’t enjoy your comedy. The elite have spoken.

The War on Sexting, and Other Cases of Creeping Censorship

Outside the world of free speech advocacy, most people take the default position that some censorship is necessary and acceptable; that sensible lines can be drawn to keep out the bad stuff without affecting free expression in general. This approach naively ignores one of the great problems with censorship: that it is a tool of power, and once granted censorship powers, the state will almost certainly extend them in directions that could not have been predicted at the start. Thus, any censorship measure is a danger to all expression, and should be greeted with great scepticism.

Sadly, the British people appear to have lost track of this important point. While free expression is protected by the US Constitution, the UK has no such protection in law, and free expression here – especially sexual expression – has been deeply restricted as a result.

It’s not difficult to get the British masses behind new censorship: simply create a moral panic over harm to “women and children” (note that women are not considered to be autonomous adults in such situations). And nothing is better guaranteed to rouse the mob than child abuse.

So it was that in the 1970s, a moral panic (led by the Queen of Panic herself, Mary Whitehouse) over “child porn” led to the Protection of Children Act – which ostensibly existed to criminalise the creation of child abuse imagery. But the law went far further than criminalising abusive imagery: its final wording instead referred to “indecent imagery” – a subjective, moral idea.

In taking the step from child rape to nudity in general, the state sent a message: not that child abuse is wrong, but that the depiction of nudity is wrong, and so the state has enshrined into law an old British attitude – that nudity and sex are synonymous with each other, and naked bodies are dirty and shameful. The law has often been misused – perhaps most famously in 1995 to arrest the newsreader Julia Somerville, and her partner, who had taken photographs of their daughter in the bath. Many other, less famous people, have been branded child abusers and had their lives ruined for taking similar photographs – a victimless crime that upsets the nudity-hating moral attitudes of the British establishment.

The law is also dangerous in defining anyone under the age of 18 as a child. So in theory, a couple aged 17 who take naked photographs of each other – even for private use – can be branded paedophiles and criminalised.

But this is more than just a theory: the law has now been used against teenagers for taking photographs of themselves. A few weeks ago, a teenage girl received a criminal record for sending a topless photograph of herself to her boyfriend. Her boyfriend too was criminalised for having received the image, and in a separate case, a teenager who sent a nude photograph of himself to friends received a caution.

And so a law that was supposedly introduced to protect abused children has instead been used to attack teenagers for enjoying consensual sex lives. It has also absorbed vast amounts of police and CPS resource that could instead have been directed at identifying and rescuing genuine abuse victims. Meanwhile, as we now know, the law did nothing to protect genuine victims of abuse from men in power.

Such is the nature of creeping censorship: laws passed in response to moral panics rarely do what they were intended to do. More recently, as the British censorship state has grown in reach and power, more draconian laws have come into being, and each one covers a far greater scope than promised by the politicians.

The “extreme porn” law is a perfect example of this phenomenon. Introduced in response to the murder of Jane Longhurst (which was dishonestly linked to BDSM pornography), it was supposed to be aimed at avoiding further such murders. Yet, as the law was drafted, it was broadened to include a number of categories of content, including animal porn, for which the vast majority of prosecutions have taken place. Given the broad definition of “possession”, this means that even receiving an unsolicited image is a criminal offence. Recently, two Essex men were found guilty – under a law supposedly designed to protect women from being murdered – for having received an animal porn video via WhatsApp. Although they had not requested the video, and had attempted to delete it, copies had remained on their phones, and they were forced to plead guilty to sexual offences.

And most recently, the “rape porn” law looks to catch far more people who pose no threat to anybody.  The effect of the law is to criminalise consenting adults who enjoy BDSM porn featuring consenting adults.

In each of these cases, a seemingly good cause – child abuse, murder, rape – has been appropriated by the state in order to brand all sexual expression as wrong, as perverted, as criminal. One wonders where the real “perverts” are: at home, watching porn and snapping nude selfies; or in the censorship state, endlessly blurring lines between consensual and non-consensual activities.

Censorship is not something that can be harmlessly introduced to hide “the bad stuff” and leave “the nice stuff” alone. It is harmful by nature, and corrosive to the freedom of everyone. All sexual behaviour risks falling within the remit of Britain’s increasingly draconian anti-porn laws. The state has signalled its belief that all sexual activity belongs at home, in private, behind closed doors, and in the absence of recording devices. And thus, child abusers will cover their tracks and walk free, while consenting adults are branded sexual predators and harassed into taking their kinks back underground.

EE Admits Filtering Problem

If you follow us on Twitter or Facebook, you may have seen my occasional screams about my mobile phone provider. Specifically, my provider is EE, and my problem is that they really, really don’t want me to look at porn (or anything else their filtering system considers unsuitable for under-18s).

I’m in my forties, and I’ve been an Orange customer for years. I also disabled Content Lock (EE’s version of mobile content filtering) years ago. So when I upgraded my phone at the start of this year, and was transferred from Orange to EE (a joint venture between Orange and T-Mobile), I expected nothing to change. But it didn’t take long to discover that my shiny new HTC One, equipped with super-fast 4G access, wouldn’t let me look at porn.

I phoned EE, who explained that industry guidelines require providers to re-enable content filtering (OK, enough euphemism – let’s call it what it is: Internet censorship) every time a customer upgrades their phone. Presumably, this is in case the customer becomes younger between upgrades. It could happen, right? You’ve never seen Benjamin Button?

So anyway, the nice man at EE switched off Content Lock for me, and all was well. For a few weeks anyway, until one day, I found my Internet access censored again. So I phoned EE again, and the (confused) support person apologised, and uncensored my phone. And then some time later it happened again. And again.

Today, I phoned them again with the same problem. And finally, EE admitted fault. A known system bug is blocking content, even for age-verified adults who have requested uncensored access to the Net. I pointed out that this has been happening to me for months, and they admitted that this problem has been happening for a long time.

It certainly has. For my book, Porn Panic (it’s coming soon, thanks for your patience!) I interviewed Sue, a Twitter follower who has had the same problem for far longer than me, and told me:

Over a period of six months I was having to call at least once a day to remove the filter, I couldn’t access blogs, adult sites, national lottery etc even Google was blocked on occasion. The call centre staff were genuinely apologetic and we ended up on first name terms!  Apparently once I proved I was over 18 the filters would be permanently turned off. I did say there was no way I could be below 18. I pay via direct debit each month, the account is in my name and I have been a customer of theirs for over 10 years. They agreed that indeed was proof enough but some system glitch meant it wasn’t clearing properly.

As a person who keeps a close eye on censorship activity, I often find it hard not to get drawn into conspiracy theories. I don’t believe that anti-sex Nazis at EE are deliberately censoring adults’ phones against their will. But I do believe that the system is rigged to discourage people from getting full Internet access. Few people are as persistent as myself or Sue. Many people leave their filtering switched on (the default setting) out of laziness, lack of time, or to avoid the embarrassment of asking a stranger to switch on the porn.

We are facing censorship by a thousand cuts. Mobile phone filtering which is enabled by default, and which re-enables itself whenever we upgrade our phones. Home filtering which is “optional”… so long as you are the bill payer (if your wife, husband, parent or landlord has switched off the porn, then tough luck). Public WiFi networks that are increasingly filtered, with no option to switch them off.

The stupidest thing about all of this is that the filtering is so easy to circumvent. I install the Tor browser on all my devices, which allows me to access the uncensored Internet, and avoid state surveillance in the process (Tor browsers are available for PC, Mac, Android and iOS devices – unless you believe that you should be blocked and spied upon, I’d recommend installing them).

Amusingly, the EE support engineer I spoke to today gave me a workaround for their own accidental blocking, telling me that the Opera Mini browser also circumvents their filtering.

But we shouldn’t laugh too loud: filtering technology will no doubt strengthen; and attacks on Tor (or the Dark Net as the mainstream media refers to it) are increasing; the implication being that people who seek online privacy must be potential gangsters, terrorists and/or paedophiles.

We shouldn’t have to be circumventing filtering or spying systems. While filtering is a perfectly valid option for ISPs to offer their customers, it shouldn’t be mandated in any way, or switched on by default. Filtering is just the first step: don’t expect the control freaks within the UK state to leave it here. Both Labour and Conservative parties have joined the Porn Panic, so don’t expect a change of government to make things any better. The campaign to uncensor the  Internet must go on.

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.

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.

News Site “UK Column” Removes All Videos After Brush with ATVOD

Few people in the UK are yet aware that for the past few years, the huge media regulator (and censor) Ofcom has had the power to regulate online video services. The EU’s Audio Visual Media Services Directive (AVMS) was intended to extend broadcast regulation to online TV catch-up services. In this country, Ofcom was tasked with implementing the directive, and promptly outsourced the job to a private organisation, ATVOD.

The regulations were originally expected to apply only to services such as 4oD and the BBC’s iPlayer; but ATVOD had different ideas, taking a far broader view of what constituted a “TV-like” service. ATVOD’s first move was to effectively wipe out the UK porn industry overnight by insisting British porn sites verify the age of all visitors before allowing them to see any naughty bits: a requirement so onerous that no site could possibly hope to implement it and stay in business (ATVOD claims the support of the “responsible” adult industry, but this in fact consists of TV and DVD companies who are delighted to see their online competitors closed down).

In the interest of full disclosure, mine was one of many businesses affected, and I closed my company in 2012. Playboy moved its core operations from London to Canada (losing UK jobs and tax revenues), and many smaller sites were simply forced to shut down. But the new regulation poses a threat far beyond the right to operate a porn site. All websites deemed TV-like by ATVOD are forced to pay the regulator a fee, and then become liable for implementing rules designed for large broadcast corporations. Breaching these complex rules can mean the site’s operator receives a penalty of up to £250,000.

Suddenly, individuals running video websites, or even YouTube channels, must conform to the same rules as the BBC, ITV, Channel 4, Channel 5 and Sky. The corrosive effect on free speech is potentially catastrophic. And this week, the threat proved to be more than theoretical.

The campaigning website UK Column, which reports on corruption within the British establishment, decided to remove all of its video content after being deemed an “on-demand programme service” by ATVOD. The site’s co-editor Brian Gerrish said: “This represents an immediate and dangerous attack on free speech on the internet and should be of massive concern to all Youtube users, as the government seems to be moving to censor individuals directly, putting them on the same regulatory footing as global corporations like the BBC and CNN. As a government agency, ATVOD’s clearly flawed working practices and their alignment to the corporate media pose a direct threat to our personal liberty and freedoms.”

For 20 years, the Internet has threatened the power of the state and corporations to set the message. Ordinary citizens have become publishers of blogs, podcasts and videos. In Britain, this era of unprecedented free speech has now come to an abrupt end. The British state has signalled its intolerance for citizen broadcasters.

Pornography is the canary in the coalmine: it is the playing field upon which censors can hone their methods before turning their gaze elsewhere. The British press, from the Guardian to the Mail, and the political class from Labour to Conservative, has almost universally allowed the Porn Panic to proceed without question. And yet censorship powers developed for one reason can easily be reused elsewhere. This week’s events are a wake-up call to those who had not yet noticed that British democracy is in an increasingly weakened state. Free speech is in undeniable decline. This is no longer about the right to watch pornography: it is about whether Britain is losing the freedoms that are so fundamental a part of this country’s history.

Sexual Freedom Under Increasing Assault

First the the government banned ‘rape’ porn without properly defining it, meaning that people who are engaged in consensual acts can now be prosecuted, now there are concerted attacks by councils on sex clubs.

Fantasy Video, a cinema showing pornographic films to its clientele was closed down by Islington last year. A new business, Mr B’s, a private members film club that also shows adult films, opened in the same premises and is now on Islington’s hit list. Also in their sights are Oscar’s, a cinema catering to the gay community, and Abcat, a cinema in King’s Cross.

A central complaint appears to be that whilst on a visit to assess how compliant the Abcat cinema was with its licensing conditions, a pass was made at the inspector. Gosh, how awful! If this is a reason to close a sex cinema, then we must surely also close all of restaurants, pubs and bars in the borough – after all, people have passes made at them every night in these.

It’s worth noting here that Islington first granted licences to sex cinemas after eleven men died in a fire at an adult cinema in 1994, when the council’s original policy of not granting licences drove premises to operate underground. A disgruntled man who was not allowed in set fire to the premises. Because there was no licence, and no method of obtaining one, no one had enforced clear exits or other fire prevention measures.

Whatever one’s views on adult films, we should ask ourselves whether it is right for a council to try and enforce some sort of moral code even if it means that they will knowingly revert to a policy that the council itself has acknowledged played a part in people’s deaths.

It is also interesting to note that the attack on these establishments is being led by Labour councillor, Paul Converey, who also opposed the renewal of a licence for the Flying Scotsman pub in King’s Cross because, amongst other things, he ‘regularly spotted exotic dancers outside on the street smoking with very slight clothing barely covered by overcoats or other coverings’. This of course could be rephrased as, some strippers wearing overcoats and other clothes were outside having a smoke. That doesn’t sound as salacious. Let’s consider the further implications of this statement. He wants to close down a strip club because in part he thinks that the women – when not stripping – are not wearing enough clothes. Again, perhaps he should visit one of the pubs in Islington this summer. I am sure he will find much ammunition to have them all closed down on that premise. In any case, his comments are not far off those of the Canadian police officer who prompted the slut walks a few years back. Why should a councillor be able to proscribe how a woman dresses?

Councillor Converey claims that closing the sex cinemas down is common sense. Put another way, endangering the lives of people who are causing no harm is common sense. Perhaps we should do away with Health and Safety all together? Would that be common sense?

His other claims are:

  • Strip clubs have an ‘adverse effect on community safety’. Really? How so? He cites no evidence. Perhaps that is because there really isn’t any?

  • It is unacceptable to have such clubs near schools? This is, of course, a nonsense. For a start most do not operate during school hours, then there is the fact that people under 18 years of age are not allowed in, and finally there is no evidence to suggest that having a strip club or an adult cinema near a school or church has any impact on the lives of local schoolchildren. This is nothing but a rather pathetic attempt to conflate sexual freedom with paedophilia. This sort of false association seeks to polarise moderate people who, rightly, abhor anything that may corrupt those who are under the age of consent. It is not akin to paedophilia, however, and to suggest that it is is itself morally bankrupt.

  • That he is taking the actions he is taking in support of Christian and Islamic voters in his area – to me that is appalling, as it either implies that those who do not subscribe to an Abrahamic religion have fewer morals and fewer rights or that subscribers to Abrahamic religions are a significant vote and should, therefore, be pandered to (much the same thing, really).

Lest anyone be in any doubt about Islington’s policy, he states it clearly in his letter: ‘It is the policy of LB Islington to reduce to zero the number of establishments licensed for sex.’ Note, he does not identify a single type of venue. As we have seen, the targets are sex cinemas and strip clubs so far, but that is just the beginning. We can expect swingers clubs and fetish venues to be next on the list.

Mr Convery further claims that ‘The simple fact is that, over the last few years, Kings Cross has changed considerably – and for the

better. Scores of new businesses and hundreds of new jobs have arrived in the area.’ This, he cites as a reason to close down legitimate businesses that already operate in the area, but those new businesses that he cites have not been deterred from moving in to the area in spite of there being sex cinemas, strip clubs, and other sex entertainment venues there. That in itself rather puts the lie to his claim.

So far this article has concentrated on Islington, but there is more. Spelthorne Borough Council has ordered the closure of Kestral Hydro, a nudist club in Stanwell Moor, near Heathrow, saying that a nudist club is not appropriate use of green belt land as it urbanises it. Does this mean that people can only strip in the city? Oh, no, Islington have decided that’s not allowed. Not all Spethorne councillors agree with the main policy. Stanwell North councillor Spencer Taylor has said: ‘There have been no objections from residents and green belt can also be used for recreational purposes.’ Given this, it seems odd that the council should try to close a club that is not harming any one and about which there have been no complaints in the ten years it has been operating.

So, what can you do?

  • On 2 June 2014, an appeal will be heard at the Highbury Magistrates Court for Oscar’s cinema. Simply showing up and sitting on the side in support of the plaintiff (the cinema owner, Goerge Papworth) will, if nothing else, send a message to Islington and the court that closing down all sex based establishments is not supported by all.

  • Write to councillor Convery at paul@convery.org.uk and tell him that you do not support his actions.

  • Sign the petition to save the naturist resort Kestral Hydro near Heathrow. The petition can be found here.

Note, the author of this post is aware of other moves to shut down swinger’s clubs, fetish clubs, gay bars, and sex cinemas. Can it be long before hard won freedoms are also under threats, such as the right for men and women to enjoy anal sex and the right for same-sex couples to be treated as equals?

It’s hard to stand up and be counted because – even in this day-and-age – you can lose your job for being open about your sexuality, but if people do feel that they can be object then please do take one of the above actions.