Good news from the UK

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Dogfish
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Good news from the UK

Post by Dogfish »

https://www.theguardian.com/culture/201 ... o-says-cps
Pornography produced by consenting adults engaging in legal acts will no longer be prosecuted under Britain’s historic obscenity laws, the Crown Prosecution Service has said.

The Obscene Publications Act dates back to 1959 and is designed to protect the public from material that could “deprave and corrupt” their minds. The law was famously invoked in the unsuccessful prosecution of DH Lawrence’s novel Lady Chatterley’s Lover but in recent years has been largely used in cases involving pornography.

However, juries have increasingly taken a liberal view on whether material is likely to corrupt the minds of the British public, making it difficult for the authorities to achieve a successful prosecution. In 2012 a jury cleared “Sleazy” Michael Peacock after a landmark case during which the court watched hours of DVDs featuring consensual male fisting, urination and BDSM activities before concluding they did not find it obscene.

A CPS spokesperson confirmed the change, which followed a public consultation: “It is not for the CPS to decide what is considered good taste or objectionable. We do not propose to bring charges based on material that depicts consensual and legal activity between adults, where no serious harm is caused and the likely audience is over the age of 18.

“The CPS will, however, continue to robustly apply the law to anything which crosses the line into criminal conduct and serious harm.”

Myles Jackman, a solicitor who specialises in obscenity cases and has campaigned for the law to be changed, welcomed the announcement. “In free speech and privacy terms, these changes represent the most significant public changes of attitude by an institution of the state towards consensual adult sexual content since the Wolfenden report in 1957,” he said.
This is obviously great news for anybody from the UK because, not to put too fine a point on it, most of the videos being discussed over on the producers parts of this forum would have been hovering in a very dicey area by UK standards until this ruling. That's not to say you'd have gone to jail for owning or producing them, or been convicted, the juries in this country were usually way more understanding than the prosecutors would like them to be, but nobody likes to be charged and have to defend their porn stash in a court of law.

So this is a really good day. I mean the government are still trying to snoop on everybody, they're still trying to fuck with folks in general, but at least this means that kink and porn no longer exist in a legal grey area for producers.

The key paragraph is this:
“In principle, anything which is legal to consent to doing is now legal to consent to distribute images of, providing the likely audience is over the age of 18. The law has finally caught up with social standards.”



ivandobsky
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Re: Good news from the UK

Post by ivandobsky »

Good news, but does this only apply to Obscene Publications Act? Does it apply to the Dangerous Pictures Act?
Re "anything which is legal to consent to doing is now legal to consent to distribute images of"
It is legal to consent to act like you don't consent. Is it legal to distribute images of people acting? It was never made clear whether or not the Dangerous Pictures act included such material or not - it just said "realistic", presumably the idea was that the police and prosecution service and a few unfortunate victims should just muddle through. Does this new ruling effectively answer this question?



Dogfish
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Re: Good news from the UK

Post by Dogfish »

Good news, but does this only apply to Obscene Publications Act? Does it apply to the Dangerous Pictures Act?
Re "anything which is legal to consent to doing is now legal to consent to distribute images of"
It is legal to consent to act like you don't consent. Is it legal to distribute images of people acting? It was never made clear whether or not the Dangerous Pictures act included such material or not - it just said "realistic", presumably the idea was that the police and prosecution service and a few unfortunate victims should just muddle through. Does this new ruling effectively answer this question?
I think you'd only get in trouble if the content was properly realistic, not because it had high production values like Hollywood, but I mean it looked like, "Holy shit is that a real corpse?" and then that's stuff that isn't covered by the OPA. Also obviously anything that wasn't pretending would be illegal. Bottom line is though in the decade or so since those laws appeared stuff like that has become incredibly easy to find. There're reddit subs dedicated to actual footage of fatalities and the proliferation of camera phones and better quality CCTV means that there is a lot more footage of crimes and other horrible events, plus the law has found a new and almost useful purpose for cases where people have filmed their own crimes to whack off to.

In short, I think anything that isn't taking an iPhone into a morgue should be good.



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