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Guest Two-winged Cat

Private Text Can Be Obscene In The Uk, Courts Rule

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Guest Two-winged Cat

From http://www.theregist...k_legal_status/

A ruling slipped out quietly by the Appeal Court earlier this year, and lurking in the background while the substantive case to which it applied came to court, makes it plain: the act of publishing as defined within the Obscene Publications Act can take place with an audience of just one individual.

That means it is therefore perfectly possible for the content of online chat, should a jury decide that it is capable of "depraving or corrupting", to be judged "obscene" - and as such for one or both participants in that conversation to be guilty of a criminal offence that carries a sentence of up to five years in prison, and a stint on the sex offenders' register.

This is legal dynamite - and in one single judgment catapults the UK to the back of the queue on a range of international indices on freedom of speech.

I do actually have one thing to add: I'm mothballing my adult-content Twitter and Blog until this gets clarified. I don't fancy racking up sex offences.

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I think you would have to look at what constitutes an obscene publication, from the contained links.

"The following is not an exhaustive list but indicates the categories of material most commonly prosecuted: sexual act with an animal; realistic portrayals of rape; sadomasochistic material which goes beyond trifling and transient infliction of injury; torture with instruments; bondage (especially where gags are used with no apparent means of withdrawing consent); dismemberment or graphic mutilation; activities involving perversion or degradation (such as drinking urine, urination or vomiting on to the body, or excretion or use of excreta); fisting.â€"

I tend not to really talk about them much. And even recently, it says, a judge had thrown a case out on the basis that male-on-male urination and fisting weren't likely to deprave or corrupt. Anyway, the case involved here was two men discussing "incestuous, sadistic paedophile sex acts on young and very young children" on IRC. While investigators may scour the internet to catch potential paedophiles, they're not gonna bother with people talking about bondage on MSN. And if your chat partner reports you, you have really misjudged them.

Things I will do to not fall foul of this law: Continue not talking about child rape and inflicting injury on unconsenting partners, while I'm online.

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Yeah it's bad but it's addressing public chat and things available online, like IRC's and Twitter and other such things, so after dark twitter accounts could be at risk but as Esqui has pointed out most of the topics are outside most of our remits. Although I know there are furries out there who could be at risk, cubs and watersports fans and other such interests as there are those into dismemberment etc, it would need to be reported or discovered.

I suppose it comes down to, in any one case, what the jury would judge to be depraved which is a risk but it'd likely be thrown out if it didn't contain anything directly related to the above list.

However as the article mentions near the end, where will they take this in a few years when the wets get a hold of it and try and 'protect' everyone further?

Though this does force you to ask the question "How much does xyz that I use record what I'm doing?" - and as a Trillian user I'd probably say "Too damn much!"

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Laws like that are scary in their interpretation. I wish you UK furs all the luck in protecting your internet freedoms.

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Remember that this is not a new law. The Obscene Publications Act dates from the 50s and 60s. If you have always been talking about sex online, have the police been knocking on your door? Of course not. UK law is always left slightly vague to allow it to be interpreted for the future - and it is the spirit of the law which gets more consideration, not the letter of the law. (Let's put this in context - how many of you have been prosecuted for copying CDs onto your mp3 player? Oh, none. Because it goes against the spirit of the law, prosecutions would rarely be in the public interest, and it's too difficult to police. The same applies here)

I maintain that you shouldn't worry unless you regularly talk about depraved things. Bondage does not count, unless you're talking about non-consensual stuff. Watersports, I largely think (and as above, previous case law would back me up) is no longer considered as obscene. Even then, the likelihood of you being caught and prosecuted? Tiny. Police have got more to worry about than you RPing pissing on someone else over Skype. If youre getting off to a fantasy child rape, then it is worth tracking you down in case you pose a risk to children, otherwise don't worry. Life is too short. Sadly, you're just not important enough to have MI5 monitoring your every move on the internet. Sorry.

I am not changing anything i talk about online. If I get prosecuted for what I normally do then you can all take turns at tying me up against my will and urinating on me.

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I think you would have to be doing something insanely offensive to get their attention for that, otherwise I'm sure the news would kick up a storm as with the twitter joke trial that recently found Paul Chambers not guilty of a terror threat after jokingly posting that he would blow up the airport if his flight was late.

( http://gigaom.com/europe/court-upholds-twitter-joke-trial-appeal-britain-has-a-sense-of-humor-after-all/ )

At least there's a jury's verdict to get past first and things would have to taken into context..

It's something to look out for, but if it was to the point you were getting arrested for it i imagine it must be something seriously bad. Hell, even if they were to try and swing furry porn as "Sexual act with an animal" When it's two animals, it's not bestiality, otherwise the discovery channel would have been pulled down by now..

But then if someone's actually caught having sex with animals then there's not much else i can say but "Have fun in court/prison"

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I'm not into the paranoid "Police are watching everything I do" thing. If you pose a danger to society, then yes, they might. Otherwise nobody cares, even if you are technically against the letter of the law. It's quite amusing watching the Internet twist its knickers

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I'm not into the paranoid "Police are watching everything I do" thing. If you pose a danger to society, then yes, they might. Otherwise nobody cares, even if you are technically against the letter of the law. It's quite amusing watching the Internet twist its knickers

I'm not either at its current state. I'm just the paranoid "if they had the potential and desire to, they could to anyone" kind of fur...particularly if I piss some higher up off for reasons unknown to me. It's not now and shouldn't change anyone's current habits, but it's likely something to keep a close eye on for the future.

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I'm not either at its current state. I'm just the paranoid "if they had the potential and desire to, they could to anyone" kind of fur...particularly if I piss some higher up off for reasons unknown to me. It's not now and shouldn't change anyone's current habits, but it's likely something to keep a close eye on for the future.

Unfortunately, most people seem to think that laws will be used constantly to their fullest extent. But in the real world, that just doesn't happen.

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Guest onestrange

Just my 2 cents. http://news.cnet.com/8301-13578_3-57470320-38/russias-parliament-approves-internet-blacklist-law/

This law was approved in record time - 2 days. Thats quite unusual for russian parliament. The text of this law says "to protect children from inappropriate content". In reality this law has nothing to do with inappropriate content. Internet already has its own nongovernment tools to deal with such content. And it works! Any provider or hoster or website will remove or block access to inappropriate content on demand through existing procedures. Then at what does this new law aimed? This new law allows to shut down or block in china-style any information flowing in the internet. Without courts order! And thats some amazing thing for those who want to control money and power. Parliament wasn't even voting, those in parliament just said "we have to pass this law ASAP by any means!" Recent childporn scandals and other mass media puppeting was keeping attention away from this law. And then BOOM! 2 days and new law which basically means I will not create any business in Russia that requires internet. Internet users didn't even know that such law was in project. Thats ridiculous.

So I read news from time to time and see "childporn, student built bomb at home using wikipedia etc.". Those 1 in a million or unrelated to general internet cases. And I see laws or structures built behind all this fuss. And they are aimed to control information, money, power. I totally agree that you don't have to fear except someone in government decides to use you as an example in mass media. And its like 1 in a 100 million chance. Because really, no one cares about porn, your language or fetish. Especially in government. But be sure to study law before diving into social/business related activities. You can find some cases of sportsmen who were fired because of twitter comments. Maybe twitter comments were used as excuses, but it is still tendency.

I start to wonder is this good thing or bad. Yeah porn and other topics used as taboo in mass media, but laws never aim to really stop it. All internet related laws aimed at money and power. In the long run such laws will greatly influence our society to its core. From financial to educational levels. This will not happen in 1 day or 1 year. But if tendency will keep going...

tl;dr

Taboo topics used in mass media to distract public attention from real aims behind laws and structures government creates. It is good in the short run for average users like us because we are free to do whatever we do. But in the long run it will hit us hard if it'll keep going.

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Wow, the guy was taken to court over pictures of fisting? If THAT could be classed as obscene, then there's no way i could ever be allowed to direct porn..

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He argued that it wasn't obscene, because pictures of himself being sent to friends weren't going to cause mental or moral harm to them, and there was no physical harm to himself...hence, there was no obscenity

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