An article by the brilliant Jerome Taylor on the new and disastrously ambiguous law governing BDSM wank-fodder:
Battle lines drawn over Bill to ban ‘extreme’ porn
State seeks ‘unique powers to police bedrooms’, claim critics, including two lords
By Jerome Taylor
Tuesday, 30 December 2008
To some people it is exactly the kind of protective legislation that Britain needs in a world where access to a vast array of pornography is available at the click of a mouse. To others, a new law banning “extreme” pornography gives the Government unprecedented powers to police bedrooms (and basements).
Critics, including at least two lords, say that legislation coming into force next month forbidding the possession of “an extreme pornographic image” will criminalise thousands of previously law-abiding people who have a harmless taste for unconventional sex.
Section 63 of the Criminal Justice and Immigration Act 2008 comes into force on 26 January and makes owning offending pictures a criminal offence punishable by up to three years’ imprisonment. An image is deemed to be extreme if it “is grossly offensive, disgusting or otherwise of an obscene character” and portrays in any way an act which threatens a person’s life, or which results or appears likely to result in serious injury to someone’s genitals or breasts.
The law was passed earlier this year following a mother’s emotive campaign after her daughter was killed by a man who claimed he was addicted to violent porn.
Opponents have no problems with two provisions banning images of bestiality or necrophilia – both of which are already illegal to do – but fear that the other definitions are so vaguely worded that even images of consenting adults engaging in fictional violence will now be outlawed, giving Britain the toughest anti-porn laws in Europe.
Members of Britain’s BDSM (bondage, domination and sado-masochism) community, as well as those in the gothic and alternative scenes, complain that they are being unfairly targeted. “I firmly agree that images of non-consensual activities which involve violence should be criminalised but this is a badly worded law that risks criminalising thousands of ordinary people,” said Claire Lewis, a 35-year-old disabled rights activist from Manchester who has set up the Consenting Adult Action Network (Caan). “The Government seems to be convinced that if people like us look at pictures for too long we’ll end up turning into abusers. That’s outrageous.”
Caan campaigners plan to burn their pornography collections outside Parliament. A second group, Backlash, is hiring lawyers from the leading human rights firm Bindmans to contest cases when they come to court.
Myles Jackman, Backlash’s legal adviser, said: “Ultimately it will be up to a magistrate and a jury to decide what constitutes extreme pornography but the wording is so impossibly vague it could constitute anything. Take the phrase ‘life-threatening’. There is, I understand, a genre of porn known as ‘smoking pornography’ which you could argue combines pornography with a potentially life threatening act.”
Its supporters include the photographer Ben Westwood, eldest son of the fashion designer Vivienne. He fears some of his pictures, which often show images of people bound and gagged, could be outlawed in the new year. “I simply don’t believe it is the Government’s business to interfere in people’s sexuality,” he said. “What particularly offends me is that these laws were brought in without any consultation whatsoever with the people they affect. That is not a democracy.”
The outlawing of extreme porn won the backing of the Home Office, under the former Home Secretary David Blunkett, after a three-year campaign by Liz Longhurst. Her daughter, Jane, was strangled by Graham Coutts in 2003. During his trial, Coutts said he had a fixation with asphyxiation porn and necrophilia. A petition started by Mrs Longhurst to outlaw violent pornography garnered 50,000 signatures.
The Bill went through the Commons unchallenged and only in the House of Lords was there any significant opposition. Baroness Miller, the Liberal Democrat peer, argued that the legislation would justify the Government “walking into people’s bedrooms and turning them into criminals simply for viewing something”.
The law is a significant change in direction for policing pornography in Britain because it shifts the burden of guilt from those making the pornography to those viewing it.
Enthusiasts of gothic horror and burlesque shows – which often feature pseudo-violence such as fake knives and participants covered in mock blood, say they are concerned that their artistic creativity will be stifled.
There are also concerns about how the law will be policed. Caan has taken a dossier of images to three major police forces: not one could yet say which pictures would be deemed illegal. One month ahead of the legislation being enacted, the Association of Chief Police Officers has yet to draw up any guidelines on how it is to be policed.
Yesterday, a spokeswoman from the Ministry of Justice said the new law would only be used to target the most extreme cases. “The new offence only covers the possession of images, it does not limit private sexual behaviour,” she said.
It is little consolation for Westwood who has vowed to continue his erotic photography regardless: “I’m not going to stop what I do and nor should anyone else. There are already laws in place to stop people harming each other.”