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Comments on Part 5 of Criminal Justice and Immigration Bill Sections 63 on Extreme Pornography
General Comments

It seems that because the government is unable to ban or block extreme pornography websites that they consider obnoxious, they seek to criminalise those citizens who look at them. These citizens are generally law-abiding people, some of whom are disabled, already isolated and ghettoised by ignorance and stigma, unable to share their passions with work colleagues or family. They should not be further threatened by criminalisation. Whatever happened to compassion?

The government made a concession to the National Exhibition Centre near Birmingham to permit brothels nearby, as these are considered a prerequisite for acquiring bookings from foreign companies. Will they also concede such a concession to foreign businessmen downloading extreme pornography on their visits to England, Wales and Northern Ireland, so as not to lose trade?

Comments on each item

3 I read in Lord Hunt's letter that literature, plays and works of art would not be caught by the offence. “Extreme” explicit works are not necessarily produced for the purpose of sexual arousal – they may be produced by an artist who is engaged in self expression. But who can decide the purpose of the art, whether it be for self expression, self stimulation or for the sexual arousal of others? Artists cannot be judged on such terms, not can we judge what is art and what is not, nor have one law for art and another for non-art.

6b Unless “grossly offensive, disgusting or otherwise obscene” can be defined, there cannot be any workable law against such pornography. Expert witnesses can explain to juries that what is offensive, disgusting or obscene to one person can be the opposite to another.

7a & b Most BDSM acts look as if they are threatening a person's life, and / or injuring their breasts, anus and genitals. The threat is part of the turn-on, but it is role play. Extreme porn may represent that role play.

To include this in the Bill shows how the Bill is based on ignorance of this popular and sophisticated sexual practice. It is also insulting to BDSM-ers, showing prejudice towards a minority group, in an era where we value social inclusion. It is censoring people's fantasies.

It discriminates against disabled people who may rely on such porn and are more likely to be fetishistic, because they may spend much time in hospital as children, are three times more likely to be sexually abused, and their low self esteem makes them feel unworthy of conventional relationships.

7c “Interference with a human corpse” is a very vague expression. It is easy to act “dead” and what is the harm in that? Some people may want a photograph of their dead lover or spouse, which could involve their genitals, breasts etc., which is their own prerogative.

7d Many people are fascinated by animal porn. Many such examples sit in ordinary people's libraries and porn collections, and in university and other libraries, such as the British Library, doing no harm whatsoever. It is already illegal to have sex with animals but many do, and they need help rather than criminalisation.

That so much of politicians' time is being wasted discussing Section 63 depresses me. One reads over and over in Hansard how most speakers hate pornography. Therefore those politicians should either be excluded from the debate for their hypocrisy, or because they have no interest in, or knowledge of the topic, should leave the decisions to the experts.

I don't think any of you should accept Lord Hunt's invitation to view his selection of extreme pornography. From experience of many such situations, (which we call 'wheel on the “victims” ')' images will be selected to turn your stomachs, exploit your empathy, and feel rage at the exploitation of the actors, actresses, horses, pigs and range of fluffy animals involved. Plus why do you all get to see something the rest of us will be deprived of for ever if this Bill becomes law? More importantly, if it really depraves and corrupts, as the Obscene Publications Act claims, then does Lord Hunt not care about your souls?

Dr Tuppy Owens B.Sc, DipHS
(sex therapist trained at St George's Hospital Medical School (University of London).

 

 

 

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