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UK Civil Liberties
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Wednesday, August 30, 2006  

What Do You Think You're Looking At?

The government has today confirmed plans to make it an offence to possess images of extreme sexual violence. Those convicted could face three years in prison.

As is usual for this government its plans are wrong in many different ways.

The new law follows a campaign begun by a mother whose adult daughter was killed by a man who possessed such extreme images. My utmost sympathy for her loss doesn't stop me from opposing her campaign.

For a start the new law is built on a logical fallacy: Many violent criminals possess violent images so anyone possessing violent images should be considered dangerous. Hmm. A bit like saying that many dogs are white so any animal that is white is probably a dog.

Then there's the vital philosophical issue. We will be jailing people not for doing anything or hurting anyone but simply for possessing and looking at pictures.

This is not the same situation as with child porn. Under the new law people could go to prison for possessing pictures of consenting adults. The proposals include material that simply "appears to be" life threatening, even if it turns out to have been staged.

It's not quite "thought crime", but it's getting close. "Sight crime" anyone?

Some people are already saying that the law is unlikely to be enforced because of these difficulties. That's not much of a consolation - bad law is bad law and sets a bad precedent. It's also likely to have an effect even if not enforced - that's what happened with Section 28. A lot of people involved with alternative sexuality between consenting adults are likely to feel themselves under threat. Services for these people are likely to cease and communities close.

A large number of people who are no threat to anyone will suffer the fallout of this unnecessary and ineffective extension of censorship.

Living is a free country means accepting that some people will say, do and watch things that we don't like. With this law Tony Blair is showing his contempt for such freedom.

For more information see backlash.




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Comments:

Dave said:
I note that the arguments that Backlash puts forwards are as full of non sequitors and dodgy reasoning as those put forward by proponents of the proposed law. As one example, Backlash respond to the idea that the law will apply to material produced for the purpose of sexual arousal by asking why this couldn't be extended to owning any violent material because it turns you on (regardless of why it was produced). They then rubbish this idea of theirs, which is indeed nonsensical. They wish to imply that they've rubbished the original claim, but they have not actually addressed it.

A more substantial point is whether this law will really cross new ground. I've read police quotes saying that it is already illegal to publish this material. In addition, I believe it is already illegal to own material that encourages certain crimes, such as pamphlets that encourage violence against particular people, or particular groups of people. Are pictures less effective than words in this regard?
 


Trevor said:
Dave:

>A more substantial point is whether
>this law will really cross new
>ground. I've read police quotes
>saying that it is already illegal to
>publish this material

The extension of criminality from publisher to viewer is certainly new ground. Personally I'd remove the law against publishing unless the publisher could reasonably be expected to have known that the law was broken in its production. If *producing* the material involves harming people then we already have laws to deal with that.

>In addition, I believe it is
>already illegal to own material
>that encourages certain crimes,
>such as pamphlets that encourage
>violence against particular people,
>or particular groups of people. Are
>pictures less effective than words
>in this regard?

You carefully use the word "encourage" rather than "incite". Material that said "go do this to a stranger" is (I think - IANAL as you know) covered by laws on incitement.

Whether or not viewing such material *encourages* people to indulge in serious non-consensual violence is a matter for debate. As far as I am aware there is no solid evidence that it does.

Even if it does then the viewer could be seen as a victim rather than a criminal to be jailed for three years.
 


Dave said:
Yes, my own arguments are as flawed as everyone else's.

There's more that we could discuss, but it's probably better done over a beer sometime.
 


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