Tag Archives: david cameron

Letter to MPs on Criminalising “Rape Porn”

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

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

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

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

Support Sex & Censorship:
Buy Porn Panic! - The Book

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

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

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

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

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

References.

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

Donate by Paypal, card or Bitcoin
sexandcensorship.org/donate/

UK Government Admits Filters Have Failed

Poor old Claire Perry. Having championed Internet censorship child-protection filters, and become a hero to the Tory right and Daily Mail, she appears to have pissed off much of the remainder of the online public. She has steadfastly denied that filters are prone to massive and eternal overblocking, calling such claims “fanciful” only a few days ago. But, as long predicted, overblocking is a huge problem, and as anybody with an understanding of the technology can explain to Perry and Cameron, it can’t ever be adequately resolved: the problem is just too big.

Perry and Cameron have regularly insisted that ISPs can be left to run filters without need for regulation. So it must be enormously embarrassing for them that the UK Government this week announced plans to introduce – in a small way – regulation. In response to an avalanche of news about inappropriate blocking – from ChildLine to the Samaritans – the government has announced it will create a white-list of sites that must not be blocked.

The clear motivation for this is to avoid any more embarrassing news stories highlighting how inaccurate the filters are. The government can’t hope to prevent overblocking any more than the ISPs can, but at least they can ensure that key UK charities are not blocked. This announcement is an admission of failure.

But this move should not be greeted as a step in the right direction. In order to create and manage the white-list, the government needs to create – at taxpayer expense – an Internet censorship team, albeit one with a limited role, for the time being. The new list cannot possibly hope to resolve the majority of blocking errors – all it can do is ensure a small, elite list of websites remains accessible to under-18s.

Overblocking isn’t the main problem, filters are

So overblocking will continue – it just won’t attract as much media attention as before. But even if it could be resolved, this white-list avoids the critical concerns about the filters: overblocking isn’t the real problem. The problem is – still – the filters themselves.

The government still insists on perpetuating the dangerous myth that children are in danger online, and that the answer to this danger is censorship. It continues to pretend there is evidence that allowing children to explore the Internet can be harmful. It continues to ignore the fact that parental control software for PCs has been available for years, and child-friendly tablets are now on sale everywhere, making the need for further filtering redundant. It continues to spread the myth that denying children access to information is safe, rather than harmful. It continues to blur the very important line between young adults and pre-pubescent children. It continues to provide abusers a tool with which to deny their wife, husband, child, access to vital information.

The government admitted this week that the filtering programme has failed. But they maintain the pretence that the failure is a small one, and can be easily repaired. A government white-list will resolve these problems just as well as a severed limb can be repaired using a Post-It note.

Support Sex & Censorship:
Buy Porn Panic! - The Book

If the UK government truly cares about child welfare, it will defend the right of teenagers to freely access the Internet, and it will educate parents as to how they can protect and educate their younger children. Of course they won’t: and meanwhile, they have created a new censorship function within government that we should be watching very carefully indeed.

#CensoredUK – Day of Action – Thursday 12 December 2013

Online day of action: #CensoredUK Thursday 12th December. Please copy and send the following tweet (and see below for more sample tweets) – and follow us on Twitter.

For three decades, the UK has been sleepwalking into censorship. It would be inaccurate to say we still are: now we are running at full speed! Most of the censorship measures have been introduced under the banner of “protecting children”; now we are told our children are under threat from the Internet. And yet no reliable evidence of a threat has been produced.

On the contrary, a generation has grown up with Internet access, and teenage pregnancy rates are at their lowest since 1969. Since domestic violence cases peaked at over 1.1m in 1993, they have fallen by over 70%. And these trends don’t just affect the UK. In the United States, rates of sexual violence fell by 64% from 1995 to 2010.

But the evidence doesn’t deter those who want to limit access to the Internet for British citizens. This Thursday, a conference will take place in London, aimed at persuading the government that even more controls are needed – again, to “protect children.”

This Thursday, please use the #CensoredUK hashtag on Twitter, Facebook and other social media to register your opposition to any further moves to censor the Internet: the UK must have the same access to information as citizens in other democratic countries.

Support Sex & Censorship:
Buy Porn Panic! - The Book

Here are some sample tweets you can copy and adapt… or just write your own (and don’t forget the hashtag). Let’s get this M***F**** trending!

  1. Join the #CensoredUK online day of action! Click for details: http://bit.ly/1aUtIsn
  2. Is the UK sleepwalking into censorship? http://onforb.es/1gYULrT #CensoredUK
  3. Cameron: UK will block “extremist” web sites http://bit.ly/1jMkeHv #CensoredUK
  4. Sky, TalkTalk, BT, Virgin to introduce Internet filters http://bbc.in/J4JNVX #CensoredUK
  5. China praises UK Internet censorship plans http://bit.ly/1hM5aKj #CensoredUK
  6. Tim Berners-Lee warns of Internet censorship rise http://bit.ly/19BfjRT #CensoredUK
  7. UK “porn filter” will also censor political speech http://bit.ly/18B4dfN #CensoredUK
  8. “Porn filter” will also block conspiracy theories http://bit.ly/IP1b0j #CensoredUK
  9. British companies are blocking gay websites http://bit.ly/J4Li6l #CensoredUK
  10. Why is the UK the most censored country in Europe? http://bit.ly/1hMfNwH #CensoredUK
  11. British Library censors Hamlet as “too violent” http://bbc.in/1e4QMfQ #CensoredUK

ALERT: Parliament Considers UK Internet Block-List

David Cameron’s announcement of an Internet filter to “protect children” has raised great concern this year; and yet, as I wrote following the announcement, the filter is merely a first step towards Internet censorship: I referred to it as “Internet Censorship 1.0”. The filter is not a legal requirement, but a voluntary agreement between the government and ISPs; but it was inevitable that legislation would follow. And indeed it has: the Online Safety Bill is a private member’s bill which is about to have its second reading in the House of Lords.

A casual reader might assume it simply refers to the filtering system already discussed, but in fact it contains something far more serious: an attempt to introduce a mandatory UK Internet block-list. This historic move would truly put the UK in the same camp as China and Iran: the government, or more likely, unelected regulators, would deem a site to be inappropriate for viewing by the British public, and it would vanish from our view of the Internet. Below is the key text from the bill, with my comments in bold.

(1) Internet service providers must provide to subscribers an internet access service which excludes adult content unless all the conditions of subsection (3) have been fulfilled. Note that “adult content” is a very broad term. This blog is already considered “adult content” by some UK mobile networks.

(2) Where mobile telephone network operators provide a telephone service to subscribers, which includes an internet access service, they must ensure this service excludes adult content unless all the conditions of subsection (3) have been fulfilled.

(3) The conditions are— Now watch carefully…

(a) the subscriber “opts-in” to subscribe to a service that includes adult content; This simply puts the existing filter plans into law.

(b) the subscriber is aged 18 or over; and The ISP must age-check the subscriber before allowing them to opt in – this already happens on mobile networks. The juicy bit is next:

(c) the provider of the service has an age verification policy which meets the standards set out by OFCOM and which has been used to confirm that the subscriber is aged 18 or over What does this mean? Let’s break it down:

Clause 3(c) means that even if the user has proved their age and opted in to see “adult content”, the ISP must only allow them to do so if the service meets content standards as set by the media regulator Ofcom. Each ISP can’t, of course, check every site on the Internet. Instead, the only technical solution is to block any service that appears to provide adult material, unless it is on an Ofcom-approved list.

Does such a list exist? Yes: Ofcom has already delegated the power to regulate online video services to a private organisation called ATVOD. ATVOD requires video services to register (and pay), and to comply with a series of UK-specific content guidelines. How many adult services comply to ATVOD? At present, around 20, and most of these are fairly soft, and are mostly linked to existing adult TV channels.

There are millions of porn sites in the world. There are many million more sites that contain sexual imagery, sexual chat, sex education material or other content that might (according to some people) not be suitable for under-18s. Under this bill, ISPs would be breaking the law if they failed to block a site containing “adult content”, and so if a service is in doubt, it will be blocked, to be on the safe side. As noted above, massive over-blocking has already occurred on mobile services.

There is no partial step into Internet censorship; either a block list exists, or it doesn’t. Once created, it can be used for any purpose; David Cameron has already hinted at blocking “extremist” sites. And “extreme”, like “adult content” is wide open for interpretation. Although we generally believe we live in a free country, we have always been a censored one. The Internet blew a hole in the power of the state to decide what can be published and what can be seen. It is no surprise that the state wants to reclaim that power.

Any step to create a UK block list must be opposed by anyone who believes in free expression. We must ask our MPs: why does Britain, almost alone in the democratic world, see the need to implement such a measure? Why are British people more in need of “protection” than Americans or other Europeans? As a private member’s bill, the Online Safety Bill may well fail, but the measures are most likely to reappear in an official government Communications Bill. We have time to protect our Internet freedom, but we don’t have long. What can you do? We will be making an announcement shortly. Please join our mailing list to receive alerts.