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UK 'extreme porn' law one year later. - 2/9/2010 4:17:34 PM   
TheHungryTiger


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Back when the CJIB was getting passed into law, there were all kinds of dire warnings that this new law was a targeted attack against kinksters. That once it gets into place anyone with a picture on his hard drive that showed anything as mild as an over the knee spanking would be quickly swept up in raids by an oppressive puritanical police state and thrown into prison for the rest of their lives. Links >>> 1 2 3

Its now a year into the law being official, and as we have all seen the millions upon millions of poor helpless innocent kinksters who are now imprisoned under this law has caused the kink community to virtual collapse. There are only a tiny handful of us survivors now who have managed to escape the nets of .....

Ok, well not millions. But thousands of kinksters who have had 'extreme porn' on their computers are now all sitting in jail. Its only a matter of time before all the rest of us are .....

Ok, not thousands. But hundreds of people have been prosecuted under this new extreme porn law. This creates a clear chilling effect. Those hundreds in jail now create an environment where the remainder of us are now afraid that if we ......

Yeah yeah yeah. Not hundreds. But dozens. Yes, dozens of people have now had their hard drives searched and when 'extreme porn' has turned up they got dragged through the courts and outed in the media. We have all seen the headlines. The courts 'made an example' of them and the media with their restless reporting on these few handfuls of people has wound up where we are .....

Um? Well not dozens relay.

One?

Ok, so I have had a google news alert going ever since and it hasen't turned up jack squat. But I know this has got to be wrong because I was warned over and over and over and over that the CIJB was a real and serious danger. It was a threat to the very fabric of the BDSM community. Surely all those crying gloom and doom when the law was passed couldn't have been unfounded in their warnings. So obviously my google alert was set up wrong. The millions of poor innocent kinksters out there who have been rounded up and thrown in prison under this new law all do exist. Im just uninformed. If I were to just read up on 'the facts' more I would see just how dangerous the CJIB actually is.

< Message edited by TheHungryTiger -- 2/9/2010 4:20:54 PM >


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RE: UK 'extreme porn' law one year later. - 2/9/2010 4:36:54 PM   
Fitznicely


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So it was all Daily Mail readers hype after all. Damn glad I didn't purge that hard drive now :)




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RE: UK 'extreme porn' law one year later. - 2/13/2010 6:35:40 AM   
LadyEllen


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We'll never know I guess, how much if any of the effort that I (and I'm sure many others) made to try to inform the police and CPS of the dangers of this legislation - or rather the application thereof, went towards steering them away from the sorts of scenarios that were anticipated and feared.

The legislation itself was never the problem; the kinds of images prohibited were pretty much beyond the scope of what the vast majority would consider BDSM images, and otherwise being outside the limits of any form of sane, safe or risk aware and certainly well outside anything for which consent, whether specific or in the widest sense, might be reasonably said to be applicable to their scenarios. It is certainly true that the hype that arose over the legislation itself was entirely unfounded, and was so from the moment the text was disclosed; quite why this hype then continued must be put down to a failure to read and comprehend the legislative text, which all in all did not change the position overmuch compared to its prior state.

The problem rather was that we might be faced with inexperienced police officers failing to realise the difference between prohibited and non-prohibited images, arresting people wrongly, along with the attendant publicity and association of such persons as paedophiles in the public mind (those most often arrested for prohibited images) and the ruination of their lives thereby - well before any charges were laid let alone conviction - to which any such instance should not progress in any case where BDSM images were concerned, as long as the CPS were not similarly afflicted by confusion over what was prohibited.

E

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RE: UK 'extreme porn' law one year later. - 2/13/2010 11:37:35 AM   
TazDevil


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as I sayed befor the how law is not to stop BDSM porn but Rape porn, and there noting wrong with trying to stop Rape porn

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RE: UK 'extreme porn' law one year later. - 2/14/2010 2:36:32 AM   
LillyoftheVally


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quote:

ORIGINAL: LadyEllen

We'll never know I guess, how much if any of the effort that I (and I'm sure many others) made to try to inform the police and CPS of the dangers of this legislation - or rather the application thereof, went towards steering them away from the sorts of scenarios that were anticipated and feared.



Good point there, the awareness and visibility of it all could have made a massive difference. I was never against the law in itself but I understood the issues with the wording which is where most of the protesters focused.

Maybe it made a difference maybe not.

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RE: UK 'extreme porn' law one year later. - 2/14/2010 2:44:01 AM   
Ange1ica


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quote:

ORIGINAL: LillyoftheVally


quote:

ORIGINAL: LadyEllen

We'll never know I guess, how much if any of the effort that I (and I'm sure many others) made to try to inform the police and CPS of the dangers of this legislation - or rather the application thereof, went towards steering them away from the sorts of scenarios that were anticipated and feared.



Good point there, the awareness and visibility of it all could have made a massive difference. I was never against the law in itself but I understood the issues with the wording which is where most of the protesters focused.

Maybe it made a difference maybe not.


It had a massive impact on my business (unfortunately), but a year on the fetish photographers who used to hire my studio for shoots are slowly finding their confidence again and coming back.

Angelica

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RE: UK 'extreme porn' law one year later. - 2/14/2010 2:47:55 AM   
LillyoftheVally


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I am glad they are coming back now Angelica

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RE: UK 'extreme porn' law one year later. - 2/14/2010 2:49:03 AM   
Ange1ica


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quote:

ORIGINAL: LillyoftheVally

I am glad they are coming back now Angelica


Me too!  Me too! 

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RE: UK 'extreme porn' law one year later. - 2/14/2010 2:49:12 AM   
cadenas


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quote:

ORIGINAL: TheHungryTiger
Back when the CJIB was getting passed into law, there were all kinds of dire warnings that this new law was a targeted attack against kinksters. That once it gets into place anyone with a picture on his hard drive that showed anything as mild as an over the knee spanking would be quickly swept up in raids by an oppressive puritanical police state and thrown into prison for the rest of their lives. Links >>> 1 2 3

Its now a year into the law being official, and as we have all seen the millions upon millions of poor helpless innocent kinksters who are now imprisoned under this law has caused the kink community to virtual collapse. There are only a tiny handful of us survivors now who have managed to escape the nets of .....

Ok, well not millions. But thousands of kinksters who have had 'extreme porn' on their computers are now all sitting in jail. Its only a matter of time before all the rest of us are .....


I think this quite misses the danger in this (and similar) laws. It was always clear that the number of actual convictions would remain small. But such laws have severe effects just by existing.

The real dangers are twofold. First, this type of law leads to prior restraint - people not even doing what the law talks about.

Second, this type of law can still be selectively enforced against people the government for whatever reason plain doesn't like.

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RE: UK 'extreme porn' law one year later. - 2/14/2010 7:06:17 AM   
LadyEllen


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I'm sorry Cadenas, but the law itself is really not a problem - the wording makes it clear that the injuries to breasts/anus/genitals must be correspondent with Grievous Bodily Harm, (notwithstanding the other categories of prohibited image, it is this category which most affects BDSM for the most part), which indicates injury beyond what anyone (I'd hope) would consider acceptable, even the more extreme practitioners of BDSM, when it comes to the doing thereof.

But OK this is about images and it could be that such images may be attractive fantasy-wise to some even if the deeds themselves might not, but we can see from this that the law is pretty clear and there is no need for confusion over what is and what is not prohibited and may land one in hot water, and therefore no realistic chance of conviction of anyone on account of their unpopularity with the authorities unless they have such a prohibited image in the first place; any half decent lawyer would be able to have a case dismissed otherwise. 

E

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RE: UK 'extreme porn' law one year later. - 2/14/2010 7:37:07 AM   
TheHungryTiger


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quote:

First, this type of law leads to prior restraint - people not even doing what the law talks about.


Im reminded of a bit by standup comic Dara O’Briain .....

I give out when people talk about crime going up, but the numbers are definitely down. And if you go, "The numbers are down", they go, "Ahh, but the *fear* of crime is rising." Well, so fucking what? Zombies are at an all-time low level, but the fear of zombies could be incredibly high.

I totaly agree that self censorship sucks. There are people out there who are deleting pics off their computers that show stuff as mild as nipple clamps. Because they FEAR that the government might now crack down on them. Or as Ange1ica pointed out, there are studios who FEAR doing photo shoots of kinky activities. But my question is what is causing that fear?

Is it the law that is causing the fear? I would contend not, because as LadyEllen and TazDevil have pointed out, the law is clearly written to go after things that are not remotely within the real of bdsm. And as I originally stated, the number of people so much as CHARGED under this law has been an absolute zero.

No, what is causing that fear isnt the big bad evil puritanical police state. Its us. We are. The bdsm community itself with all of their paranoid rants about how oppressed and downtrodden we all are. Its the fear mongers from within the bdsm community itself that is causing all the fear.

People should be free to have pics of kinky sex on their computers. And anything that blocks that freedom is a bad thing. So yes I agree that self censorship sucks and should be stomped out. But the WAY you stomp out self censorship isnt to point fingers at the government. The government isnt the ones causing it. The ones that we should be pointing fingers at are the people within the kink community itself that are running around telling scare stories about how evil and oppressive the CJIB is. They are the ones causing all the fear.

< Message edited by TheHungryTiger -- 2/14/2010 7:38:16 AM >


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RE: UK 'extreme porn' law one year later. - 2/14/2010 3:21:15 PM   
sirguym


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quote:

ORIGINAL: TheHungryTiger

quote:

First, this type of law leads to prior restraint - people not even doing what the law talks about.


Im reminded of a bit by standup comic Dara O’Briain .....

I give out when people talk about crime going up, but the numbers are definitely down. And if you go, "The numbers are down", they go, "Ahh, but the *fear* of crime is rising." Well, so fucking what? Zombies are at an all-time low level, but the fear of zombies could be incredibly high.

I totaly agree that self censorship sucks. There are people out there who are deleting pics off their computers that show stuff as mild as nipple clamps. Because they FEAR that the government might now crack down on them. Or as Ange1ica pointed out, there are studios who FEAR doing photo shoots of kinky activities. But my question is what is causing that fear?

Is it the law that is causing the fear? I would contend not, because as LadyEllen and TazDevil have pointed out, the law is clearly written to go after things that are not remotely within the real of bdsm. And as I originally stated, the number of people so much as CHARGED under this law has been an absolute zero.

No, what is causing that fear isnt the big bad evil puritanical police state. Its us. We are. The bdsm community itself with all of their paranoid rants about how oppressed and downtrodden we all are. Its the fear mongers from within the bdsm community itself that is causing all the fear.

People should be free to have pics of kinky sex on their computers. And anything that blocks that freedom is a bad thing. So yes I agree that self censorship sucks and should be stomped out. But the WAY you stomp out self censorship isnt to point fingers at the government. The government isnt the ones causing it. The ones that we should be pointing fingers at are the people within the kink community itself that are running around telling scare stories about how evil and oppressive the CJIB is. They are the ones causing all the fear.


There have been people charged under this new law.

Mostly so far it's been under the "bestiality" provisions, but the problem is that the economic and 'life' costs of being accused of this kind of crime, even if you're not charged, or charges are dropped before trial, or you're found not guilty, are huge and not recoverable in law.

So the sensible thing to do is self-censor.

However that leaves the whole erotica and pornography market to those who don't care about law, consent, responsibility, sensitivity, they're just out for a quick buck.

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RE: UK 'extreme porn' law one year later. - 2/14/2010 6:27:03 PM   
AnimusRex


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OK, so being a typical Yank and ignorant of anything outside of the Southern California environs...what I am gathering is that politicians stampeded people into a frenzy of fear and panic over something as wild as pedophilia, and ginned up new laws that strip people of their human rights and liberties, but actually do nothing to keep children safe?


I am shocked- Shocked- that there is gambling in Casablanca!

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RE: UK 'extreme porn' law one year later. - 2/14/2010 9:17:58 PM   
TheHungryTiger


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quote:

There have been people charged under this new law.
Citation?

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RE: UK 'extreme porn' law one year later. - 2/14/2010 9:35:19 PM   
TheHungryTiger


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quote:

OK, so being a typical Yank and ignorant of anything outside of the Southern California environs...what I am gathering is that politicians stampeded people into a frenzy of fear and panic over something as wild as pedophilia, and ginned up new laws that strip people of their human rights and liberties, but actually do nothing to keep children safe?
Na, nothing much like that at all. Its a long story but I will try and sum it up.

Woman gets murdered. The grieving mother of the woman marches directly to the press and says 'there ought to be a law'. The politicians try and point out to her that there already WAS a law against murder. But, grieving mothers being what they are, she totally fails to grasp that concept. In her mind her daughter would still be alive if only the government had passed a law.

Undeterred, the mother comes up with a new excuse. It was snuff films! Yes, yes, thats it. The murderer had been watching snuff films and that drove him over the edge. If only there was a law againt snuff films her daughter would still be alive. Once again the politicians try and point out there already WAS a law againt snuff films. The grieving mother once again fails to grasp the concept and demands the goverment do something.

Finaly the politicians, in a desperate effort to get this woman to shut the fuck up, agree to hold a special invistigation. Satasifed, the grieving mother says she is glad the governemtn is finaly doing something. (A special invistagation actualy wont DO anything from a legal standpoint. But it would at least get her to shut up.)

A year and a half roll by.

The mother finaly figures out that the 'special invistagation' wasent actualy the politicans being converted over to her cause. So she starts circulating a signature campaign demanding that the government do something. The press, always eager for splash headlines, peddles her grief and that easily causes enough signatures to get colected.

The politicians are stumped. Obviously this mother wont go away untill they pass SOME law. But what law can they posibley pass? There are already laws againt murder and againt snuff films so what more can they do? Finaly they figure out a plan. Snuff films are already againt the law but lets draft a new law that says 'Ok, snuff films are iligeal and this time we mean it!' They take somethign againt the law and make it more againt the law. Strangly enough this ploy works and the grieving mother finaly shits down and shuts up.

Us yanks dont know much about it, but across the pond Liz Longhurst was in the newspapers freaking every single day for years. Best example I could give is to imagine a more whiney and anoying version of Cindy Sheehan. Their child is dead, its all the governments fault, and they wont shut up about it untill the governemnt 'does something'.

Read more at http://en.wikipedia.org/wiki/Graham_Coutts


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