FAC on the Panel at SOAS Porn Debate Tonight

The Women's Society at SOAS are hosting a debate this evening and one of our members, Zak Jane Kier, will be taking part. Sian McGee from SOAS has more at the debate's wherevent page:

Porn: A tool for liberation or oppression?

A Women's Society and For'em Event

January 17th at 7pm, Khalili Lecture Theatre, SOAS

Can the production of pornography be used as a tool for female liberation? Or does it bind us to passive stereotypes? The role and impact of the porn industry is currently an important debate both within and outside feminist circles. Both women and men are exposed to over-sexualised images everyday and it is difficult to escape the impact that the porn industry is having on our society. We want to ask whether it can be used as a way to reclaim the female body and sexuality or if it indeed causes more damage to the aims of gender equality. Join us on the 17th January at SOAS, listen to those involved in this debate and add your own voice. Hope to see you there.

Networking and support site for proud sex workers and their allies coming soon

This site is for anyone who works in the sex industry - from escorts, porn stars, adult TV staff, sex shop assistants to sex academics, sex researchers and sex journalists - to network and find support. We live in a hostile time against our industries and this site is meant as a place for us to meet new people and share our thoughts about our work.

We also welcome anyone outside of the industries who supports us too...

This site is also the one-stop-shop for anyone researching the sex industry - students, journalists, policy makers, researchers as well as interested members of the public - to read up on, and access all of the major research and readings - as well as relevant media - on the issues related to sex work and its major contributors.

We also run public campaigns fighting for the rights of all sex workers to be able to enjoy equal employment rights and a fair representation in society and the media.

So come on in, membership is free! We welcome you to join us as we tell the world 'We Consent!'

Watch this space.

Dorries' abstinence education bill protest - 20 January‏‏‏‏

Beth Granter and Holly Smith, who are organising against Nadine Dorries' Sex Education (required content) bill, have shared the following details with us:

On 20 January 2012, Nadine Dorries' proposed amendment to sex education, Bill 185, which suggests GIRLS be taught abstinence, is due to get a second reading in parliament.

A demonstration opposing the bill is being supported by Youth Fight For Jobs, The British Humanist Association and Queers Against The Cuts. The demo starts at 10:30am at Old Palace Yard, Westminster, outside Parliament. Details of the demo are at http://on.fb.me/stopdorriesdemo.

The bill is sexist as it positions girls as being solely responsible for decisions about sexual activity and boys as having no responsibility for ensuring that sex is mutually wanted, fully consenting and safe. Dorries even said that teaching children to 'say no' could reduce child abuse. This victim blaming is dangerous, incorrect, and offensive to survivors of abuse.

Abstinence education on its own is ineffective in reducing teenage pregnancies and STI rates. Good quality comprehensive Sex and Relationships Education (SRE) should already explicitly address the option of abstinence as part of decision-making about sex, and safer sex.

SRE should be informative and fact based. Some of the most important bits of SRE, which really helps young people to take responsibility for themselves and make healthy decisions (namely the relationships and communication aspects), are optional for schools and this bill will not change that. If this bill passes, some schools could end up only teaching the biology of reproduction and STIs (within the science curriculum) plus abstinence.

If Dorries really wanted to help young women to stay safe and healthy she would be advocating for statutory, comprehensive sex and relationships education for all young people, of all genders, and in all schools whether they are faith schools, academies, free schools or community schools. Her party in Government has already stated that they have no intention of making SRE statutory.

More information on the campaign can be found at http://facebook.com/stopdorries and the demonstration at http://on.fb.me/stopdorriesdemo.

Belated Congratulations to Michael Peacock

Things have been pretty quiet over here at the Feminists Against Censorship blog, as lots of us have been busy on other projects and not reporting back here about our FAC work. However, we couldn't let the opportunity to mention this recent landmark obscenity trial pass by so here are some links to some of the best reporting on the story in case you missed it:

Nichi Hodgson (who also live tweeted during the trial) writing at The Guardian's Comment is Free about how Michael Peacock's acquittal is a victory for sexual freedom and at The New Statesman, arguing that obscenity law robs us of agency

Dr Brooke Magnanti at Sexonomics calling out the way some people talk about kink (scroll down past the picture of her with Michael)

Myles Jackman welcoming the verdict but pointing out that the Obscene Publications Act means that the state is still capable of acting as a voyeur in the bedroom

A detailed piece over at Freedom in a Puritan Age from queer theorist Chris Ashford, mentioning that those hoping this verdict will simply mean the sweeping away of the existing law may need to be careful what they wish for

Jane Fae arguing that what comes next could be a real challenge to those who see this as ushering in a new era in sexual liberation

New CAP newsletter available

Campaign Against Censorship has a new issue posted on the web for September (.pdf).

In Memory of Jo Opie

We are very sad to announce that our dear friend and Feminists Against Censorship colleague Jo Opie has died. An early supporter of Gay Pride, Jo joined FAC in 1990 and was active up to date. Founder of Islington MIND, Jo worked there as a volunteer until she became ill in August of last year and played a major role in their continued development, including co-founding the organisation's Crisis Line, serving on planning groups for local mental health retreats and presiding over a major drop-in facility.

Jo was also a member of Women in Prison and, in 2006, contributed to an enquiry into Deaths in Custody and Bereaved Families in the Corston report.

We will miss Jo very much and always appreciated her liberated and refreshing approach to relationships, freedom and feminism.

If you have any anecdotes or publication details you can share related to Jo as a person, her life, work or her anti-censorship, feminist and LGBT activism, please send them over to facnews at googlemail dot com or comment here.

Erotic Film With Feminist Aims Wins Award Despite Ban

The film Matinée, directed by Jennifer Lyon Bell, has been given the “Best Short Film” prize by an official jury at the Melbourne Underground Film Festival 2009. The August 26 scheduled screening was halted by the OFLC (Australia’s Office of Film and Literature Classification) banning it from the festival and, interestingly, it was the only R-Rated film in the festival to receive such treatment:

The OFLC cited “sexual content” as the reason. Matinée includes an erotic, explicit sex scene between the film’s two main characters, Mariah and Daniel. Matinée is the story of a reserved stage actress who decides to improvise her onstage lovescene in a bold attempt to inject creativity into the play. Their improvisation evolves into actual sex onstage in front of a live audience. Matinée’s themes involve trust, ambition, and creative risk...(Blue Artichoke Films Press Release)

The Melbourne Underground Film Festival (MUFF) are said to have opposed the ban and seriously considered defying it. They have also pointed out that the OFLC has "historically privileged violent and misogynistic representations of explicit sex over the type of unabashed female sexual pleasure shown in Matinée".

I've not seen any of Jennifer Lyon-Bell's films myself yet but I certainly like what I've read about her approach on the Blue Artichoke Films website's About page:

Jennifer’s mission to create better sex film is an integral part of her feminist sexual expression. She believes that sexual freedom is an essential component of women’s freedom. And that creating beautiful, hot films that turn women on is possible, safe, and necessary...

...Part of our appeal to modern women is that our stories and situations aren’t bound up in monogamous romance. Pop culture is rife with messages for women that sex is only awesome once they’ve found True Love. Love is lovely, but we think that hot, meaningful sex can also happen between total strangers...

...It’s of the utmost concern to us that the actors and (particularly) actresses we work with be knowledgeable, thoughtful, and enthusiastic about doing films with us. Jennifer meets personally with every actor and actress even before allowing them to audition, so that she can be sure they have like-minded motivations and understand what the risks might be. Also, everyone on the cast and crew is encouraged to ask questions. We think that’s the only way to create a safe space for people to experiment sexually."

Matinée was released May 1 and the next screening will take place at the Strasbourg International Film Festival in France in early September. Along with the MUFF award, the film has also won the CineKink/NYC film festival’s jury award for “Best Narrative Film”, an Honorable Mention at the 2009 Feminist Porn Awards and was selected for the number 4 spot in the “5 Best Sex Films For Women” in the July 2009 German edition of Cosmopolitan magazine. Jennifer Lyon Bell's letter to the OFLC and open letter to the press can be found on the Blue Artichoke Films website.

Meanwhile, The Local has news on the Swedish government helping to finance a Swedish feminist porn film. Mia Engberg's film, Dirty Diaries, shows a selection of women using mobile phones to film their faces as they masturbate. While I think this particular use of female images could possibly be critiqued, I also think the responses Engberg talks about when explaining the thinking behind the film are very telling:

The film was put onto the internet and provoked a strong reaction. A lot of the reactions were negative, with comments like: "Damn, they're ugly. Could they not at least have put on some make-up." I found the comments interesting. They showed that we're still living with the age-old belief that a woman and her sexuality should please the beholder above all else.

Cross-posted at the f word.

Pornsaints

Pornsaints will be in London For the Fetish Weekend on 2-5 October.

Spanner Trust on the new "extreme" porn law

From the Spanner Trust's August 2008 newsletter:

Is your PORN collection still legal?
In May 2008 the Criminal Justice and Immigration Act 2008 was passed by the UK parliament. This new law makes it illegal in the UK to possess certain types of sexually-explicit imagery. This email contains important information about the new law and how it affects you.

WHAT DOES THE NEW LAW SAY?
The new law makes it an offence punishable by up to three years in prison for someone to possess what it calls “extreme images”. The date when this provision becomes effective has not yet been fixed but is probably 1 January 2009. The law affects images in your possession after this date.

An “extreme image” is defined as one which portrays in a realistic way any of:

An act which threatens a person’s life
An act which results in or is likely to result in serious injury to a person’s anus, breasts or genitals
A sexual act with a corpse or an animal (but we will not be addressing these categories here)
and the image...

Is grossly offensive, disgusting or otherwise of an obscene character
Has been produced solely or principally for the purpose of sexual arousal
It is claimed that only a small number of images are intended to be caught by this law (“images” means both still photographs and video but excludes drawings and works of art). Unfortunately many of the terms used in the Act are vague and open to interpretation. So until some unfortunate people end up in court and a jury decides, it is difficult to give absolutely definitive advice on what the Act means and how it will be enforced. In addition, police investigations, seizure of computers etc can cause disruption and damage to people’s lives even if no charges are brought.

However, based on the way cases involving possession of child pornography have been decided in court we are able to give some advice.

FIRST OFF – DON’T PANIC!
Images of bondage, fetish wear, role play, watersports, sexual intercourse and domination/submission are not “extreme”.

Images of corporal punishment, whipping and flogging, needle play, cutting, heat play or medical scenes involving areas besides the anus, genitals or breasts are almost certainly safe to possess (though the activities themselves may be illegal due to the Spanner ruling - see below).

In fact the list of images which are certain to fall under the law is very small compared to the wide range of BDSM, kink and fetish images available. If there’s no injury to the areas of the body mentioned above or threat to life the image is almost certainly legal to possess. But there are grey area activities as well which are detailed below.

WHAT DOES “POSSESSION” MEAN?
In the age of the Internet and digital media, possession of images has needed to be refined in law. Clearly if you own a physical photograph or a DVD or video tape then you possess it. But images on your computer are a different matter.

For a start just viewing an image or video on a web site does not constitute “possession”. So you can browse the Internet quite legally.

Your web browser may keep a temporary copy of the web pages and images you browse on your hard disk (the “cache”) but this too does not constitute possession. Nor do unsolicited images received by email as part of a message.

However, if you actively save or download an image or video to your computer or other device from a web page or email, or move or copy the files from the cache then case law has established that this does constitute possession. As, obviously, does printing out such images.

WHAT TYPES OF IMAGES WILL IT BE ILLEGAL TO POSSESS?
If the image or video shows a serious injury to breasts, anus or genitals or the activity is life threatening and the image is produced for sexual arousal it will be illegal to possess it.

WHAT IS SERIOUS INJURY?
“Serious injury” is not explicitly defined in law and it is up to the jury to decide. As a result of the Spanner trials (see below) it was established that “serious injury” when part of sexual activity was anything beyond “transient or trifling” which are equally subjective terms and open to interpretation by a judge or jury.

Breaking limbs, disfigurement, castration and other lasting disabling injuries are very likely to be included. Images of a whipping, beating or cutting of breasts, genitals or the anus which leaves cuts and bruises may be illegal to possess too. Genital modification and medical scenes involving catheters, needles, sounds etc are a grey area but see the Defences section below. A video or series of images which shows that any injuries healed quickly may be a defence to the charge that the injuries were serious. But again this is up to the court.

WHAT IS LIFE THREATENING?
This too is a grey area. Putting a plastic bag over someone’s head, tying a cord around their neck, forcing smoke into their lungs, water immersion, breath control, holding a gun or knife to their head can all be life threatening in the context of a real non-consensual kidnap or torture scene.

Where these activities take place during a consensual BDSM scene the intention is clearly not to threaten or endanger life. However taken in isolation it may not be obvious from the image whether or not there is a real threat to life. If the image is part of a sequence or a video which shows the consensual nature of the activity and that the recipient of the activity was not harmed then that could provide a defence should the images be seized, particularly if you are a participant in the activities.

ARE CLASSIFIED FILMS AND VIDEOS OK?
If a film or video has a certificate from the British Board of Film Classification then it is legal to possess it. However if you take stills or clips from the film to make pornographic material then you could be prosecuted for possessing that material if in isolation it falls under the category of “extreme pornography”.

WHAT ARE THE PENALTIES?
If found guilty under this section of the Criminal Justice and Immigration Act you could be sent to prison for up to three years or fined (or both) and be put on the sex offenders’ register if you receive a prison sentence of over two years.

ARE THERE ANY DEFENCES?
The law provides two relevant defences.

That you did not know you possessed the image, or that you had not requested it and that you did not keep the image for an unreasonable time after becoming aware that you possessed it. So if someone emails you illegal images you should delete the
That the owner of the image directly participated in the acts shown and that there was no non-consensual harm. So in theory it is legal to possess images which show you or a play/partner’s activities even if they show serious injury to breasts, anus or genitals.
HOWEVER

Under the current law in England and Wales consent is not a defence to a charge of assault if the sexual activities cause injuries which are more than “transient or trifling”. So even though you and your partner have actually consented, that consent is not legally allowed as a defence to either a prosecution for possession of the images or prosecution for the activities themselves.

HOW CAN I PROTECT MYSELF?

Do not download or save images from web sites you visit if you think there is a risk that you could be prosecuted for possessing them
Clear your web browser’s cache regularly or set it to keep images in the cache for as little time as possible (even for no longer than until the end of a browsing session).
Do not take photographs or videos of your own BDSM sexual activity if they show serious injuries to breast, anus or genitals. It may be illegal to possess those images and if you can be identified in the photos or videos you could be prosecuted for the activities themselves
If you have pornographic images which show activities which appear to be life threatening make sure you know who the participants are and that you can be sure there was no real threat to life
If you take pictures or videos of legal consensual SM activity it will help defend any prosecution if you can prove that you participated in the activities (include your face or tattoo or something identifiable, even if just reflected in a mirror)
HOW CAN I BE SURE IMAGES ARE PROPERLY DELETED FROM MY COMPUTER?
Deleting images on a computer usually just moves them to a Recycle bin (in case you made a mistake). So the first thing to do is regularly empty the Recycle bin (or configure your computer to do it automatically).

However the physical space on your hard disk where the deleted files lived may still contain a “ghost” of the files which could be recoverable using special software. To make sure that no trace of the files exists you should download and install a utility usually called a “file shredder” (check Google for where to find one). This will overwrite unused areas of the disk (sometimes to military standard) so that neither you nor anyone else can recover the images you have deleted which might be illegal.

WHAT IS “THE SPANNER RULING”?
In the late 1980s a group of 16 men were charged with various counts of assault as a result of consensual SM activity. The prosecutions were the result of a police investigation called “Operation Spanner”. The men were under the impression that their consent to the activities was a valid defence. But this was rejected by the High Court and by subsequent appeals made as far as the European Court of Human Rights in 1996. In England and Wales consent is not a defence to a charge of assault where injuries caused during sexual activity are more than “trifling or transient”.

WHAT IF I NEED LEGAL ADVICE?
You can contact these solicitors
David Clark 020 7433 1562 email: office at davidclarkandco.co.uk
John Lovatt 020 7247 9336 email: john.lovatt at btinternet.com
You should also inform the Spanner Trust if you are investigated or prosecuted under this new law.

REMEMBER THAT IF YOU ARE ARRESTED OR QUESTIONED BY THE POLICE YOU SHOULD NOT MAKE ANY STATEMENTS WITHOUT CONSULTING A SOLICITOR FIRST.

WHAT CAN I DO TO HELP?
Make sure as many people as possible are aware of the law. Put a link to the online version of this document on your web site. Forward this email to other people who might be concerned or affected by this new law. Visit the Spanner Trust web site and make a donation to help support our work.

ABOUT THE AUTHORS
The Spanner Trust – protecting the legal and human rights of those involved in BDSM
Backlash – the campaign against this new law
SM Gays - a social and educational group for gay men

DISCLAIMER
The Spanner Trust always tries to ensure that all information provided is accurate and up-to-date. However, the law can change and is open to interpretation. Before relying upon any statement made in this document you should take your own independent legal advice and the Spanner Trust cannot accept any liability whatsoever.